HomeMy WebLinkAboutCity of Huntington Beach Community Facilities District - CFD RECORDING REQUESTED BY AND EXEMPT FROM FILING FEES
WHEN RECORDED MAIL TO PURSUANT TO GOVERNMENT
CODE SECTION 6103
City Clerk Recorded in Official Records, Orange County
City of Huntington Beach Tom Daly, Clerk-Recorder l
2000 Main Street ���illl `f i� 11��IN 1111I111111 �i li��!I lii���i��lll�l��l��il�I�'
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF SPECIAL TAX LIEN
i�
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code
and Section 53328.3 of the Government Code, the undersigned City Clerk of the City of
Huntington Beach, County of Orange, State of California, hereby gives notice that a lien to
secure payment of special taxes is hereby imposed by the City Council of the City of Huntington
Beach, County of Orange, State of California. The special taxes secured by this lien are
authorized to be levied for the purpose of paying principal of and interest on bonds, the proceeds
of which are being used to finance the public facilities of the Community Facilities District
described in Exhibit "A" attached hereto.
The special taxes are authorized to be levied within Community Facilities District
No. 2004-1 (The Strand) of the City of Huntington Beach, County of Orange, State of California
(the ".Community Facilities District") which has now been officially formed and the lien of the
special taxes is a continuing lien which shall secure each annual levy of the special taxes and
which shall continue in force and effect until the special tax obligation is prepaid, permanently
satisfied, and canceled in accordance with law or until the special taxes cease to be levied and a
notice of cessation of special tax is recorded in accordance with Section 53330.5 of the
Government Code.
RVPUB\BJS\684894.1
The rates, method of apportionment, and manner of collection of the authorized
special taxes are as set forth in Exhibit "B" attached hereto. The conditions under which the
obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the
special taxes canceled are also set forth in Exhibit "B" hereto.
Notice is further given that upon the recording of this notice in the office of the
County Recorder, the obligation to pay the special tax levy shall become a lien upon all
nonexempt real property within the Community Facilities District in accordance with Section
3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real
property included within the Community Facilities District and not exempt from the special taxes .
are set forth in Exhibit "C" attached hereto.
Reference is made to the boundary map of the Community Facilities District
recorded on August 23, 2004, in Book 89 of Maps of Assessment and Community Facilities
Districts, at Page 41, and as Instrument No. 2004-000762874, in the office of the County
Recorder for the County of Orange, State of California, which map is now the final boundary.
map of the Community Facilities District.
For further information concerning the current and estimated future tax liability of
owners or purchasers of real property subject to this special tax lien, interested persons should
contact the Director of Economic Development of the City of Huntington Beach, 2000 Main
Street, Huntington Beach, California,telephone number(714) 536-5582.
Dated: December a , 2004.
Jor- C
lynn
Clerk of the City of Huntington Beach
C
RVPUB\BJS\684894A -2-
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT NO. 2004-1.(THE STRAND)
OF
THE CITY OF THE CITY OF HUNTINGTON BEACH
DESCRIPTION OF PUBLIC FACILITIES
The types of public facilities proposed to be provided within and financed by the
proposed Community Facilities District are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters,.sidewalks, street
lights and parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
(i) Acquisition of land, rights-of-way and easements necessary for any
of the facilities specified in paragraphs(a)through (h) above.
_ (j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the
creation of the proposed community facilities district, issuance of
the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise
incurred in order to carry out the authorized purposes of the
community facilities district, and (iii) any other expenses
incidental to the construction, acquisition, completion, inspection,
and maintenance of such facilities.
RVPUB\BJS\684894.1 A-1
EX1 M- IT "B"
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the.
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps,the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010)of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to,-the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel. Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace _
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt(as defined in Section 53317(d) of the Act),whether
in.one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement.entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group; LLC dated
March 5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
8/31/2004 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to.which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same. .
Maximum Special Tax means, with respect-to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is$590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii)to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for.available funds
determined pursuant to the Indenture.
8/31/2004 3
A
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace. condominium purposes;"or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the.other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps,the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law,but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the tru9tee who is a party to the Indenture,if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
-2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
:;:purposes has not been recorded, the Maximum Back-up Special Tax-or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
`determined pursuant to the following steps:
Step 1: Determine the maximum annual .debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
8/31/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the .Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special.tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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. .
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1., a special three-member Review/Appeal. Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later'than one calendar year after
having paid the Special. Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and•resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
8/31/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL-TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption_
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in.Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied.as
described herein. The owner intending to prepay the Special Tax obligation on one or
. ore Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the _Administrator.. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). ' The
Administrator may charge.a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized W.below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
8/31/2004 6
As of the proposed date of prepayment,the Prepayment Amount(defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G.to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7: .Add the amounts computed pursuant ,to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8;less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
8/31/2004 7
S
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of.the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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=(PHxF)+G .
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1. .
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner'of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii)the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial. prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
8/31/2004 8
With respect to any Assessor's Parcel that is partially prepaid, CFD.No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No.2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
8/31/2004 9
EXHIBIT "C"
COMMUNITY FACILITIES DISTRICT NO.2004-1
(THE STRAND)
OF
THE CITY OF THE CITY OF HUNTINGTON BEACH
OWNERSHIP LIST
Assessor's Parcel
Number(APN) Owner
024-152-10 Cracchiolo, S.W. &D.L. Trust A& C
024-152-02 CIM/Huntington, LLC
024-152-63 (all 13 parcels)
024-152-04
024-152-05
024-152-11
024-152-12
024-152-13
024-152-14
024-153-01
024-153-02
024-153-03
024-153-10
024-153-16
RVPUB\13JS\684894.I C-1
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BEST BEST KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WELLS LAWYERS SAN DIEGO
(760) 558-261 1 3750 UNIVERSITY AVENUE (619) 525-1300
POST OFFICE BOX 1 028 -
ONTARIO RIVERSIDE. CALIFORNIA 92502-1028 ORANGE COUNTY
(909)989-8584 (909) 686-1 450 (949) 253-2500
(909)686-3083 FAX -
BBKLAW.COM SACRAMENTO
(915) 325-4000
BARBARA J. SKINNER
(909) 826-8253
BARBARA.SKINNER@BBKCAW.COM
FILE No. 60306.00002
November 30, 2004-`-
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VIA OVERNIGHT COURIER o
C =,
Joan Flynn 1 C:5--+ '-
City Clerk amt
City of Huntington Beach
2000 Main Street 0
Huntington Beach, CA 92648 �� n
CO
o Re: Community Facilities District No. 2004-1 (The Strand)
Dear Joan:
Enclosed are an original and two copies of a Notice of Special Tax Lien for..
G Community Facilities District No. 2004-1 (The Strand). We would appreciate it if you would
date and sign the original and one copy of this document and return it to us as soon as possible so
that we can record it with the Orange County Recorder's office. The additional copy may be
retained for your records.
Sincerely,
Barbara J. Skinner
Paralegal
for BEST BEST& KRIEGER LLP
BJS:BJS:bjs
1 Enclosures
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RVPUB\B1S\684900.1
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RECORDING REQUESTED BY AND EXEMPT FROM FILING FEES
WHEN RECORDED MAIL TO PURSUANT TO GOVERNMENT
CODE SECTION 6103
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code
and Section 53328.3 of the Government Code, the undersigned City Clerk of the City of
Huntington Beach, County of Orange, State of California, hereby gives notice that a lien to
secure payment of special taxes is hereby imposed by the City Council of the City of Huntington
Beach, County of Orange, State of California. The special taxes secured by this lien are
authorized to be levied for the purpose of paying principal of and interest on bonds, the proceeds
of which are being used to finance the public facilities of the Community Facilities District
described in Exhibit "A" attached hereto.
The special taxes are authorized to be levied within Community Facilities District
No. 2004-1 (The Strand) of the City of Huntington Beach, County of Orange, State of California
(the "Community Facilities District") which has now been officially formed and the lien of the
special taxes is a continuing lien which shall secure each annual levy of the special taxes and
which shall continue in force and effect until the special tax obligation is prepaid, permanently
satisfied, and canceled in accordance with law or until the special taxes cease to be levied and a
notice of cessation of special tax is recorded in •accordance with Section 53330.5 of the
Government Code.
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The rates, method of apportionment, and manner of collection of the authorized
special taxes are as set forth in Exhibit "B" attached hereto. The conditions under which the
obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the
special taxes canceled are also set forth in Exhibit "B" hereto.
Notice is further given that upon the recording of this notice in the office of the
County Recorder, the obligation to pay the special tax levy shall become a lien upon all
nonexempt real property within the Community Facilities District in accordance with Section
3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real
property included within the Community Facilities District and not exempt from the special taxes
are set forth in Exhibit "C" attached hereto.
Reference is made to the boundary map of the Community Facilities District
recorded on August 23, 2004, in Book 89 of Maps of Assessment and Community Facilities
Districts, at Page 41, and as Instrument No. 2004-000762874, in the office of the County
Recorder for the County of Orange, State of California, which map is now the final boundary
map of the Community Facilities District.
For further information concerning the current and estimated future tax liability of
owners or purchasers of real property subject to this special tax lien, interested persons should
contact the Director of Economic Development of the City of Huntington Beach, 2000 Main
Street, Huntington Beach, California, telephone number(714) 536-5582.
Dated: December oL, 2004.
4JFlynn
Clerk of the City of Huntington Beach
RVPUB\BJS\684894.1 -2-
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
OF
THE CITY OF THE CITY OF HUNTINGTON BEACH
DESCRIPTION OF PUBLIC FACILITIES
The types of public facilities proposed to be provided within and financed by the
proposed Community Facilities District are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street
lights and parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
(i) Acquisition of land, rights-of-way and easements necessary for any
of the facilities specified in paragraphs (a) through (h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the
creation of the proposed community facilities district, issuance of
the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise
incurred in order to carry out the authorized purposes of the
community facilities district, and (iii) any other expenses
incidental to the construction, acquisition, completion, inspection,
and maintenance of such facilities.
RVPUB\BJS\684894.1 A-1
EXHIBIT ''B''
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the.
County Recorder. If the Acreage of a particular-Parcel is unclear after reference to
Available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 156 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to,"the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on. an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt(as defined in Section 53317(d) of the Act),whether
intone or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement.entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group; LLC dated
March-5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
8/31/2004 . 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the .Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum back=up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is $590,000 per Acre of Taxable Property.
-Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution_ adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii)to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
8/3 1/2004 3
a
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace. condominium purpose.%`or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the.other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps,the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the truttee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX .
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual .debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
8/31/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special. tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. '2004-1., a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not'later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and•resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
`8/31/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of-the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the.Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied.as
.described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be. a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator.- Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such .Assessor's Parcel(s). ' The
Administrator may charge.a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The.Prepayment Amount (defined below) shall be calculated as summarized,below
(capitalized terms as defined above or below): -
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
8/31/2004 6
As of the proposed date of prepayment, the Prepayment Amount(defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section-G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment.until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7 Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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 0) 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8; less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
8/31/2004 7
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to.
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of.the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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 = (PH xF)+ G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1. .
F the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner'of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment .of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
8/31/2004 8
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
{
8/31/2004 9
EXHIBIT "C"
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
OF
THE CITY OF THE CITY OF HUNTINGTON BEACH
OWNERSHIP LIST
Assessor's Parcel
Number(APN) Owner
024-152-10 Cracchiolo, S.W. & D.L. Trust A& C
024-152-02 CIM/Huntington, LLC
024-152-03 (all 13 parcels)
024-152-04
024-152-05
024-152-11
024-152-12
024-152-13
024-152-14
024-153-01
024-153-02
024-153-03
024-153-10
024-153-16
RVPUB\13lS\684894.1 C-1
Council/Agency Meeting Held: 9�,-A0ZDJ
Deferred Continued o: Zz,/ 0
Approved Co di ' nally Approved ❑ Denied Z60" 7 C' IeM Sign re
Council Meeting Date: 9/20/2004 Department ID Number: ED 04-29
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION o
C
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL ME BERS �
cD
SUBMITTED BY: PENELOPE CULPRETWORAFT, CITY ADMINISTRATOR° co
PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELORMEIS-LT
u,
-AROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WO
0or 4-s'1 if/ps, a00 54- 71, -�00 '/`-77-) aaa a-7�
SUBJECT: Approval of Resolutions I41olding of Election, Declaring the
Results and Establishing Community Facilities District No. 2004-1
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Through the Disposition. and Development Agreement with
CIM/Huntington, LLC, the City of Huntington Beach and its Redevelopment Agency have an
obligation to assist with the financing of certain public facilities. This can be done most
economically through the establishment of a Community Facilities District (CFD) and the sale
of bonds to finance public improvements for the project being developed on Blocks 104 and
105 in Downtown in Huntington Beach and known as The Strand. At the City Council's
Meeting of August 16, 2004 the City Council passed two resolutions indicating that it would
hold an election with the intent to form a CFD and its intention to establish said district at the
City Council meeting of September 20, 2004.
Funding Source: Funding for this CFD will come from bonds to be issued in the future. A
special tax levy will be paid by CIM/Huntington, LLC to pay the bonds over the life of these
bonds. Neither the City nor the Redevelopment Agency has any responsibility for the
repayment of the bonds. The costs associated with the issuance of the bonds are funded
from the bonds.
Recommended Action:
1) Open, Conduct and Close Public Hearing.
2) Adopt Resolution No.�� of the City Council of the City of Huntington Beach
Establishing City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand) and Establishing the Boundaries Thereof.
s
REQUEST FOR ACTION
MEETING DATE: 9/20/2004 DEPARTMENT ID NUMBER:ED 04-29
3) Adopt Resolution No.Q00 V- 77 of the City Council of the City of Huntington Beach
Calling a Special Election and Submitting to the Voters of the City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand) Propositions Regarding Incurrence
of Bonded Indebtedness the Annual Levy of Special Taxes Within the Community
Facilities District to Pay Principal and Interest on Bonds Thereof, and the Establishment
of an Appropriations Limit.
4) Hold Election.
5) Adopt Resolution No. boa - of the City Council of the City of Huntington Beach
Declaring the Results of the Consolidated Special Election for the City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand) County of Orange, State of
California on the Propositions with Respect to (i) Incurring Bonded Indebtedness in an
Original Amount not to Exceed $15,000,000, (ii) the Annual Levy of Special Taxes to Pay
Principal and Interest on Bonds, and (iii) the Establishment of an Appropriation Limit and
Authorizing the Recordation of the Notice of Special Tax Lien.
Alternative Action(s): Do not approve the attached resolutions
Analysis: The Disposition and Development Agreement (DDA) was approved by the City
Council and Redevelopment Agency on June 17, 1999. Since then, the Agency has entered
into five Implementation Agreements clarifying some of the terms of the original DDA. On
June 25, 2004, the Redevelopment Agency conveyed the properties to the developer. These
properties encompass a portion of Block 104 and Block 105 in downtown Huntington Beach.
The scope of development includes a 500 space underground parking structure, a 149 room
hotel, plus approximately 110, 000 sq. ft. of commercial and office space.
Under the terms of the DDA, the Agency has pledged to repay the developer for
extraordinary costs associated with development not to exceed $7.9 million. This is referred
to as the Developer Advance. The Agency has agreed to repay the Developer Advance from
a portion of the project's public revenues including property tax increment, transient
occupancy taxes, and sales taxes over 25 years. The interest rate that this obligation carries
is 10%. However, there is a provision within the DDA that affords the Agency the opportunity
to lower its costs through the issuance of Community Facility District bonds. The rate on the
Developer Advance would be adjusted to reflect the rate of the bonds. Since bond rates are
currently significantly below the 10% rate, this will permit the Agency to save hundreds of
thousands of dollars in annual interest expense.
This development project requires a substantial amount of public facilities, such as water,
sewer, storm drainage and a subterranean public parking structure. In addition to a new 96"
diameter storm drain project along 6th Street, all the utilities (water lines, electrical lines, cable
systems and gas lines) running through the existing properties will be relocated around the
project. Fifth Street will also be reconstructed on top of the underground parking structure.
To finance these public improvements, a Community Facilities District (CFD) is proposed to
be formed under the terms of Chapter 3.56 of the Municipal Code of the City of Huntington
G:\Gus\CIM104-105\CFD\RCAEstablishing CFD.doc -2- 9/7/200411:25 AM
REQUEST FOR ACTION
MEETING DATE: 9/20/2004 DEPARTMENT ID NUMBER:ED 04-29
Beach and Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code.
This section is most commonly known as "Mello-Roos Community Facilities Act of 1982."
While a CFD is most often used to finance public infrastructure in new subdivisions on the
fringes of urbanized areas, it works equally well for redevelopment projects within urbanized
areas. Most recently in Huntington Beach the City has formed CFDs for the Hyatt Resort and
Spa, Bella Terra and the McDonnell Center Business Park.
The Huntington Beach Community Facilities District No. 2004-1 is limited to the boundaries
of The Strand project as specified in the prior Resolution of Intention adopted on August 16,
2004 (Resolution No. 2004-68). A special property tax sufficient to pay debt service on the
bonds based upon the value of the private improvements to be developed as part of The
Strand will be levied on the property within the District sufficient to retire the bonds. This
value will be confirmed by independent appraisal and will be part of the disclosure in the
Official Statement. Under no circumstances would the City's general fund or any other funds
be obligated to pay debt service.
It is requested that the City Council first hold a public hearing on this matter, form the district
and then hold an election of the voters of the district, which has only two property owners:
CIM/Huntington, LLC and Dolores L. Cracchiolo and Salvator W. as Trustees of Declaration
of Trust dated June 12, 1979 an undivided 53% interest to Subtrust C and a 47% undivided
interest to Subtrust A.
Sometime in the future, after the formation of the Community Facilities District, the City
Council will be asked to approve the sale of the bonds to fund the eligible improvements. It is
anticipated that the bond sale will take place no earlier than the end of the year.
Environmental Status: Implementing actions associated with The Strand are covered
under Environmental Impact Report No. 01-02 adopted October 21, 2002.
Attachment(s):
City Clerk's
Page Number No. Description
1. CFD Report.
2. Resolution No. 0 6 of the City Council Establishing CFD No.
2004-1 (The Strand.47-�� ;4,j., 54 7A--Y-�
3. Resolution No. of the City Council Establishin Bonded
Indebtedness and Appropriations Limit. � � , //111
�°�
4. Resolution No..2e)6c/-78 of the City Council Incurring Bonded
Indebtedness not to Exceed $15 million, Establishing the Annual Levy
of Special Taxes to Pay the Bonds and Authorizing thgRecordation of
the Special Tax Lien.
5. 1 Power Point Presentation.
G:\Gus\CIM104-105\CFD\RCAEstablishing CFD.doc -3- 9/8/2004 8:50 AM
PSOMAS September 7,2004
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COMMUNITY FACILITIES DISTRICT REPORT
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
Introduction
The City of Huntington Beach did, pursuant to the provisions of Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the
"Act"), on August 16, 2004, adopt Resolution No. 2004-68 entitled "A Resolution of the City
Council of the City of Huntington Beach Declaring Its Intention to Establish a Community
Facilities District and to Authorize the Levy of Special Taxes Therein" (the "Resolution of
Intention"). In the Resolution of Intention, the City Council expressly ordered the preparation of
a written Community Facilities District Report (the "Report") for the proposed City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (the "District").
Pursuant to Section 53350 of the Act, the City Council designated the District as "City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand)".
The Resolution of Intention ordering the Report did direct that the Report generally
contain the following:
1. A brief description of the facilities by type required to adequately meet the needs
of the District; and
2. An estimate of the fair and reasonable cost of the facilities, including the cost of
incidental expenses in connection therewith, and the costs of the proposed bond financing and all
other related costs as provided in Section 53345.3 of the Act.
For particulars, reference is made to the Resolution of Intention, as previously adopted by
the City Council.
NOW, THEREFORE, I, Robert F. Beardsely, P.E., Director of Public Works for the City
of Huntington Beach, directed to prepare the Report for the District, do hereby submit the
following Report consisting of three (3)parts:
Part I A description of the proposed District and Improvement Areas
Part II A description of the proposed facilities
Part III A cost estimate of the proposed facilities
Robert F. Beardsley,P.E.
B-1
PART I
Description of District
The proposed boundaries of the District are those properties and parcels on which special
taxes may be levied to pay for the costs and expenses of the financing of needed facilities, and
any indebtedness or administrative expenses of the District.
The proposed District is generally located between Pacific Coast Highway and Walnut
Avenue on either side of Fifth Street in the City of Huntington Beach, County of Orange, State of
California and includes the currently designated County Assessor's Parcel Numbers 024-152-02
through 024-152-05, 024-152-10 through 024-152-14, 024-153-01 through 024-153-03, 024-
153-10 and 024-153-16. The District's boundaries are described as follows:
In the City of Huntington Beach, County of Orange, State of California, being Lots 10,
12, 14, 16, 18, 20, 22, 24, 26, 28, a portion of Lot 9 and a portion of the alleys adjacent to said
Lots, in Block 104; Lots 1 through 21, inclusive, 23, 25, 27, and a portion of the alleys adjacent
to said Lots, in Block 105; together with that portion of Fifth Street adjacent to said Blocks 104
and 105, all as shown on Map of Huntington Beach filed in Book 3, Page 36 of Miscellaneous
Maps,Records of said County described as follows:
Beginning at most easterly corner of said Lot 28; thence South 41°37'44" West 225.10
feet along the northwesterly line of the Alley, 15 feet wide, within said Block 104, to the most
southerly corner of Lot 12 of said Block 104; thence North 48°22'14" West 67.71 feet along the
southwesterly line of said Lot 12 to the northeasterly prolongation of the northwesterly line of the
Deed recorded October 10, 1990 as Instrument No. 90-538988, of Official Records of said
County; thence South 41°37'10" West 125.05 feet along said prolongation and said
northwesterly line to the northeasterly line of Pacific Coast Highway (Ocean Avenue), 100.00
feet wide, per the Map of Huntington Beach filed in Book 3, Page 36 of Miscellaneous Maps,
Records of said County; thence North 48021'52" West 359.91 feet along said northeasterly line
to the southeasterly line of Sixth Street, 75 feet wide as shown on said Map of Huntington Beach;
thence North 41°37'11" East 250.03 feet along said southeasterly line to the most northerly
corner of Lot 20 of said Block 105; thence South 48°22'50" East 125.07 feet along the
northeasterly line of said Lot 20 and the southeasterly prolongation thereof to the centerline of
the Alley, 15 feet wide, within said Block 105; thence North 4197'11" East 100.01 feet along
said centerline to the southwesterly line of Walnut Avenue, 60 feet wide as shown on said Map
of Huntington Beach; thence South 48022'50" East 302.58 feet along said southwesterly line to
the POINT OF BEGINNING.
For more particulars, reference is made to the boundary map entitled "Proposed
Boundaries of the City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand), County of Orange, State of California" approved by the City Council on August 16,
2004 and on file with the City Director of Public Works and recorded on August 23, 2004 in
Book 89, Page 41 of Maps of Assessment and Community Facilities Districts in the Office of the
County Recorder of the County of Orange as Instrument No. 2004000762874.
B-2
PART II
Description of Facilities
A brief description of the facilities required to adequately meet the needs of the District is
as shown below. It is intended that the District will finance all or a portion of the costs of any of
the following:
1. Street improvements including costs of condemnation, removal, demolition, grading,
paving, curbs and gutters, sidewalks, street lights, striping, guardrails, construction
surveying, traffic control and parkway and landscaping including irrigation related
thereto.
2. Storm drains.
3. Sewers, sewer treatment facilities and sewer capacity acquisition.
4. Parking facilities including parking garage.
5. Water distribution facilities, including fire hydrants and water storage facilities.
6. Street signalization and signage, including traffic fees.
7. Fire facilities including structures and capital equipment.
8. Utility facilities construction and relocation.
9. Acquisition of land, rights-or-way and easements necessary for any of the facilities
specified in 1-8 above.
10. Engineering, planning and designing such facilities and the cost of environmental
evaluations thereof.
11. Expenses incidental to the construction acquisition, completion, inspection, and
maintenance of such facilities.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriters discount, reserve fund, capitalized
interest, letter of credit fees and expenses, bond and disclosure counsel fees and expenses, bond
remarketing costs, and all other incidental expenses.
2. Administrative fees of the City of Huntington Beach and the Bond trustee or fiscal
agent related to the District and the Bonds.
3. Reimbursement of costs related to the formation of the District advanced by the City
of Huntington Beach, the landowner in the District, or any party related to any of the foregoing,
as well as reimbursement of any costs advanced by the City of Huntington Beach, the landowner
in the District or any party related to any of the foregoing, for facilities, fees or other purposes or
costs of the District.
B-3
PART III
Cost Estimate
The estimate of the fair and reasonable cost of the proposed facilities required by the
District and delineated on Exhibit "A" are deemed to be not to exceed $15,000,000. The
estimate of the fair and reasonable cost of the proposed facilities required and delineated on
Exhibit "A" are deemed to be not to exceed $12,000,000. In addition to the cost of construction,
these costs include technical services related to design and construction, related permits and fees,
the cost of acquisition of lands, rights-of-way and easements, and any physical facilities required
in conjunction therewith, and incidental expenses in connection with said acquisition and
construction. Design, acquisition and construction costs relate to those facilities described in
Part II,herein.
The cost of proposed bond financing and all other related costs, as provided in the Act is
included at $3,000,000 and described below the summary table.
A summary breakdown of the cost estimate for the District is shown below:
DESIGN, ACQUISITION&CONSTRUCTION $12,000,000
BOND RELATED EXPENSES 3,000,000
TOTAL TO BE BOND FINANCED $15,000,000
The major bond related-expenses include reserve fund and capitalized interest, with the
remaining bond related expenses including underwriter's discount, financial advisor, appraisal,
bond counsel, disclosure counsel, underwriter's counsel, special tax consultant, bond and official
statement printing, fiscal agent, fiscal agent's counsel, city administration and legal services,
developer administration and legal services, first year's tax administration and all other incidental
expenses.
B-4
®�d CITY OF HUNTINGTON BEACH
Inter-Office Communication
Economic Development Department
To: Mayor and City Council
VIA: Penel P. Cu'4 City Administrator
From: David C. Biggs, Director of Economic Development
(f
Date: November 3, 2004
Subject: Formation of Community Facilities District No. 2004-1 (The Strand)
Power Point Presentation, Resolution Nos. 2004-76, 2004-77, and
2004-78 for Item D-2
On September 20, 2004 the public hearing on the formation of Community
Facilities District (CFD) No. 2004-1 was opened and continued to the City
Council meeting of November 15, 2004. The resolutions and the Power Point
presentation have been updated and a new set of resolutions have been
prepared. There are no substantive changes to them, other than the updating of
the dates and an acknowledgement that the public hearing was opened on
September 20, 2004.
Attached are the revised resolutions and the updated Power Point presentation.
The attached power point is a brief explanation for the reasons behind forming
the district and it also describes the actions that the City Council will need to take
in order to approve the formation of the district.
Kim Byrens, of Best, Best and Krieger, the City's Bond Counsel will be in
attendance to guide the City Council and the City Clerk through the process of
forming the district. In the meantime, if you have any questions, please feel free
to contact me.
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gAgus%cim!04-10 C1d'.ppmenioa2Aoc
RESOLUTION NO. 2 0 0 4-7 6
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING
CITY OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
AND ESTABLISHING THE BOUNDARIES
THEREOF
WHEREAS, the City Council (the "City Council") of the City of Huntington
Beach ("City") has heretofore adopted on August 16, 2004, Resolution No. 2004-68, stating that
a proposed community facilities district to be known as "City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County of Orange, State of California" (the
"Community Facilities District"), is proposed to be established under the terms of Chapter 3.56
(commencing with Section 3.56.010) of the Municipal Code of the City of Huntington Beach
(the "Code") and Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of
the California Government Code, commonly known as the "Mello-Roos Community Facilities
Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the establishment
of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of property, in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District, the levy of the special taxes therein, the financing
and refinancing of public facilities therein, and the incurring of a bonded indebtedness by the
Community Facilities District, and of the time and place of said public hearing; and
WHEREAS, on September 20, 2004, at the time and place specified in said
published and mailed notices, the City Council opened a public hearing as required by law
relative to .the formation of the Community Facilities District, the levy of the special taxes
therein and the financing of facilities by the Community Facilities District and continued such
hearing to November 15, 2004, in accordance with applicable law; and
WHEREAS, prior to said hearing there was filed with the City Council a report
(the "Report") containing a description of the services being financed within and for the
Community Facilities District, and an estimate of the cost of such financing, as required by
Section 53321.5 of the California Government Code; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the establishment of the Community Facilities District, the levy of the special taxes
and the financing of the public facilities therein were heard, and a full and fair hearing was held;
and
WHEREAS, the City Council may therefore proceed to establish the Community
Facilities District;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, the following:
RVPUMM M\678693.3 1
Resolution No. 2004-76
Section 1. Findings. The City Council finds as follows: (i) all of the
preceding recitals are correct, (ii) on September, 2004, pursuant to notice thereof duly given as
provided by law, the City Council opened a public hearing with respect to the establishment of
the Community Facilities District and the annual levying of specified special taxes on the taxable
property within the Community Facilities District to pay for public facilities for the Community
Facilities District which are described in Section 3 hereof, and continued such hearing in
accordance with applicable law, (iii) such public hearing was conducted on November 15, 2004,
(iii) the boundary map of the Community Facilities District has been recorded pursuant to
Sections 3111 and 3113 of the Streets and Highways Code as Instrument No. 2004000762874 in
Book 89 of Book of Maps of Assessment and Community Facilities Districts at page 41 of the
Official Records of the County of Orange, (iv) all prior proceedings with respect to the
establishment of the Community Facilities District prior to and during the hearing with respect to
the establishment of the Community Facilities District conducted by the City Council on
September 20, 2004 and November 15, 2004, were valid and in conformity with the
requirements of Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of the
California Government Code, (v) no written protests were received at or prior to the time of said
hearing against the establishment of the Community Facilities District or the levying of said
special taxes by the Community Facilities District, and said special taxes have, therefore, not
been limited by majority protest pursuant to Section 53324 of the California Government Code,
(vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to
Section 53325.1 of the California Government Code for the establishment of City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of
California, and the Community Facilities District should be established.
Section 2. Establishment of District. City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand) County of Orange, State of California, is hereby
established. The boundaries of the Community Facilities District are set forth in Exhibit"A"
attached hereto and are also shown on the map entitled"Boundaries of City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California"
which is on file with the Clerk and said boundaries are hereby established.
Section 3. Types of Facilities; Incidental Expenses; Maintenance.
(1) The types of public facilities proposed to be provided within and financed
by the proposed Community Facilities District are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street
lights and parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
RVPUB\MUM1678693.3 2
4
Resolution No. 2004-76
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
(i) Acquisition of land, rights-of-way and easements necessary for any
of the facilities specified in paragraphs (a)through(h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the
creation of the proposed community facilities district, issuance of
the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise
incurred in order to carry out the authorized purposes of the
community facilities district, and (iii) any other expenses
incidental to the construction, acquisition, completion, inspection,
and maintenance of such facilities.
Section 4. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay for all such facilities and to pay the principal of and interest on the
bonds of the Community Facilities District and any territory to be annexed in the future, and the
annual administrative expenses of City and the Community Facilities District in determining,
apportioning, levying and collecting such special taxes, and in paying the principal of and
interest on such bonds, and the costs of registering, exchanging and transferring such bonds,
secured by the recordation of a continuing lien against all taxable or nonexempt property in the
Community Facilities District, and maintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the United States in order to preserve the tax-exempt status of such
bonds shall be annually levied within the Community Facilities District. Additionally, there
shall be levied special taxes sufficient to pay for the maintenance, repair and replacement of such
public facilities. The rate and method of apportionment of said special taxes shall be asset forth
in Exhibit"B" attached hereto and by this reference made a part hereof.
Section 5. Annexation of Territory. Other property within the boundaries of
City may be annexed into the Community Facilities District upon the condition that parcels
within that territory may be annexed only with the unanimous approval of the owner or owners
of each parcel or parcels at the time that parcel or those parcels are annexed.
Section 6. Exempt Property. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal and local governments or used for
public rights of way or other public uses, shall be exempt from the levy of special taxes of the
Community Facilities District.
Section 7. Report. The Report is hereby approved and is made a part of the
record of the public hearing regarding the formation of the Community Facilities District, and is
ordered to be kept on file with the Clerk of the City as part of the transcript of these proceedings.
RVPUB\ MUM\678693.3 3
Resolution No. 2004-76
Section 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to
Section 53314.9 of the California Government Code, the City Council may accept advances of
funds or work-in-kind from private persons or private entities and may provide, by resolution, for
the use of those funds or that work-in-kind, for any authorized purpose, including, but not limited
to, paying any costs incurred by City in creating the Community Facilities District and may enter
into an agreement by resolution, with the person or entity advancing funds or work-in-kind to
repay funds advanced, or to reimburse the person or entity for the value or cost, whichever is
less, of the work-in-kind, as determined by the City Council.
Section 9. Tender of Bonds. This City Council hereby reserves the right, on
behalf of the Community Facilities District to accept tenders of bonds in full or partial payment
of special taxes to be levied within the Community Facilities District pursuant to Section
3.56.320 of the Code.
Section 10. Description of Voting Procedures. The voting procedures to be
followed in conducting the consolidated special elections on (i)the proposition of the
Community Facilities District incurring a bonded indebtedness in an amount not to exceed
$15,000,000, (ii) the proposition with respect to the levy of special taxes on the land within the
Community Facilities District to pay the principal of and interest on the bonds thereof and to pay
the costs of maintenance ,repair and replacement of public facilities, and (iii) the proposition
with respect to the establishment of an appropriations limit for the Community Facilities District
in the amount of$4,000,000, if the Community Facilities District is established and such consoli-
dated special elections (the "consolidated special elections") are held, shall be as follows:
(1) If at least 12 persons have been registered to vote within the territory of
the Community Facilities District for each of the 90 days preceding the close of the public or
protest hearing (the "protest hearing"), the vote in the consolidated special elections shall be by
the registered voters of the Community Facilities District with each voter having one vote. In
that event, the consolidated special elections shall be conducted by the Clerk, and shall be held
on a date selected by the City Council in conformance with the provisions of Section 53326 of
the California Government Code and pursuant to the provisions of the California Elections Code
governing elections of cities, insofar as they may be applicable, and pursuant to said Section
53326 the ballots for the consolidated special elections shall be distributed to the qualified
electors of the Community Facilities District by mail with return postage prepaid or by personal
service, and the consolidated special elections shall be conducted as a mail ballot election.
(2) If 12 persons have not been registered to vote within the territory of the
community facilities district for each of the 90 days preceding the close of the protest hearing,
and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by
the landowners (as defined in Section 3.56.070 of the Municipal Code of the City of Huntington
Beach) of the Community Facilities District, with each landowner of record at the close of the
protest hearing having one vote for each acre or portion of an acre of land that he or she owns
within the Community Facilities District, the consolidated special elections shall be conducted
by the City Clerk pursuant to the Municipal Code of the City of Huntington Beach and Section
53326 of the California Government Code as follows:
RVPUB\MUM678693.3 4
Resolution No. 2004-76
(a) The consolidated special elections shall be held on the earliest
date, following the adoption by the City Council of the resolution
of formation establishing the Community Facilities District
pursuant to Section 53325.1 of the California Government Code,
and a resolution pursuant to Section 53326 of said Code submitting
the propositions with respect to (i) whether a bonded indebtedness
shall be incurred for constructing and financing through the sale of
bonds public facilities necessary for the formation of the
Community Facilities District; (ii) the levy of special taxes to pay
the principal of and interest on the bonds of the Community
Facilities District and (iii) the establishing of an appropriations
limit therefor to the qualified electors of the Community Facilities
District, upon which such elections can be held pursuant to said
Section 53326 which may be selected by the City Council, or such
earlier date as the owners of land within the Community Facilities
District and the Clerk agree and concur is acceptable.
(b) Pursuant to said Section 53326, the consolidated special elections
may be held earlier than 90 days following the close of the protest
hearing if the qualified electors of the Community Facilities
District waive the time limits for conducting the elections set forth
in said Section 53326 by unanimous written consent and the Clerk
concurs in such earlier election date as shall be consented to by the
qualified electors.
(c) Pursuant to said Section 53326, ballots for the consolidated special
elections shall be distributed to the qualified electors by the Clerk
by mail with return postage prepaid, or by personal service.
(d) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and
specifically Division 4 (commencing with §4000 of the California
Elections Code with respect to elections conducted by mail), the
Clerk shall mail (or deliver) to each qualified elector an official
ballot in a form specified by the City Council in the resolutions
calling and consolidating the consolidated special elections, and
shall also mail to all such qualified electors a ballot pamphlet and
instructions to voter, including a sample ballot identical in form to
the official ballot but identified as a sample ballot, an impartial
analysis by Counsel to City pursuant to Section 9280, as amended,
of said Code with respect to the ballot propositions contained in
the official ballot, arguments and rebuttals, if any, pursuant to
Sections 9281, as amended, to 9287, as amended, inclusive, and
9295, as amended, of said Code, a return identification envelope
with prepaid postage thereon addressed to the Clerk for the return
of voted official ballots, and a copy of the form of Resolution of
Formation establishing the Community Facilities District, adopted
RVPUB\MUW678693.3 5
a
Resolution No. 2004-76
by the City Council pursuant to Section 53325.1 of the California
Government Code, and the exhibits thereto; provided, however,
that such analysis and arguments may be waived with the
unanimous consent of all the landowners, and in such event a
finding regarding such waivers shall be made in the resolution
adopted by the City Council calling the consolidated special
elections.
(e) The official ballot to be mailed (or delivered) by the Clerk to each
landowner shall have printed or typed thereon the name of the
landowner and the number of votes to be voted by the landowner
and shall have appended to it a certification to be signed by the
person voting the official ballot which shall certify that the person
signing the certification is the person who voted the official ballot,
and if the landowner is other than a natural person, that he or she is
an officer of or other person affiliated with the landowner entitled
to vote such official ballot, that he or she has been authorized to
vote such official ballot on behalf of the landowner, that in voting
such official ballot it was his or her intent, as well as the intent of
the landowner, to vote all votes to which the landowner is entitled
based on its land ownership on the propositions set forth in the
official ballot as marked thereon in the voting square opposite each
such proposition, and further certifying as to the acreage of the
landowner's land ownership within the Community Facilities
District.
(f) The return identification envelope delivered by the Clerk to each
landowner shall have printed or typed thereon the following:
(i) the name of the landowner, (ii)the address of the landowner,
(iii) a declaration under penalty of perjury stating that the voter is
the landowner or the authorized representative of the landowner
entitled to vote the enclosed ballot and is the person whose name
appears on the identification envelope, (iv) the printed name and
signature of the voter, (v)the address of the voter, (vi)the date of
signing and place of execution of said declaration, and (vii) a
notice that the envelope contains an official ballot and is to be
opened only by the Clerk.
(g) The instruction to voter form to be mailed by the Clerk to the
landowners shall inform them that the official ballots shall be
returned to the Clerk properly voted as provided thereon and with
the certification appended thereto properly completed and signed
in the sealed return identification envelope with the certification
thereon completed and signed and all other information to be
inserted thereon properly inserted not later than 7:00 p.m. on the
date of the election, or immediately after the Resolution Calling
the Special Election is adopted
RVPUB\MUMC678693.3 6
Resolution No. 2004-76
(h) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the elections,
the Clerk shall canvass the votes cast in the consolidated special
elections, and shall file a statement with the City Council as to the
results of such canvass and the election on each proposition set
forth in the official ballot.
The procedures set forth in this section for conducting the consolidated special
elections, if they are held, may be modified as the City Council may determine to be necessary or
desirable by a resolution subsequently adopted by the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 15''day of November, 2004.
Mayor
APPROVED AS TO FORM:
'0
11 Cit Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
�ity Ad inistrator Director f Economic Development
Director of Public W s
RVPUMMUNR678693.3 7
Resolution No. 2004-76
EXHIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO.2004-1 (THE STRAND),
COUNTY OF ORANGE,STATE OF CALIFORNIA
In the City of Huntington Beach, County of Orange, State of California, being
Lots 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, a portion of Lot 9 and a portion of the alleys adjacent
to said Lots, in Block 104; Lots 1 through 21, inclusive, 23, 25, 27, and a portion of the alleys
adjacent to said Lots, in Block 105; together with that portion of Fifth Street adjacent to said.
Blocks 104 and 105, all as shown on Map of Huntington Beach filed in Book 3, Page 36 of
Miscellaneous Maps, Records of said County described as follows:
Beginning at most easterly corner of said Lot 28; thence South 41°37'44" West
225.10 feet along the northwesterly line of the Alley, 15 feet wide, within said Block 104, to the
most southerly corner of Lot 12 of said Block 104; thence North 48°22'14" West 67.71 feet
along the southwesterly line of said Lot 12 to the northeasterly prolongation of the northwesterly
line of the Deed recorded October 10, 1990 as Instrument No. 90-538988, of Official Records of
said County; thence South 41°37'10" West 125.05 feet along said prolongation and said
northwesterly line to the northeasterly line of Pacific Coast Highway (Ocean Avenue), 100.00
feet wide, per the Map of Huntington Beach filed in Book 3, Page 36 of Miscellaneous Maps,
Records of said County; thence North 48°21'52" West 359.91 feet along said northeasterly line
to the southeasterly line of Sixth Street, 75 feet wide as shown on said Map of Huntington
Beach; thence North 41037'11" East 250.03 feet along said southeasterly line to the most
northerly corner of Lot 20 of said Block 105; thence South 48°22'50" East 125.07 feet along the
northeasterly line of said Lot 20 and the southeasterly prolongation thereof to the centerline of
the Alley, 15 feet wide, within said Block 105; thence North 41037'11" East 100.01 feet along
said centerline to the southwesterly line of Walnut Avenue, 60 feet wide as shown on said Map
of Huntington Beach; thence South 48°22'50" East 302.58 feet along said southwesterly line to
the POINT OF BEGINNING. Containing 2.956 acres, more or less.
RVPUB\MUM\678693.3 A-1
Resolution No. 2004-76
EXHIBIT B
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO.2004-1 (THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
[See attached document]
RVPUMMUMR678693.3 B-1
Resolution No. 2004-76
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
Resolution No. . 2004-76
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means theme ncy oftht-City-of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-f under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
9/2/2004 2
Resolution No. 2004-76
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is$590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
9/2/2004 3
Resolution No. 2064-76
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposes, or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps,the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the trustee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
9/2/2004 4
Resolution No. 2004-76
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that 'such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is. disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
I evy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
9/2/2004 5
Resolution No. 2004-76
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount -
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
9/2/2004 6
Resolution No. 2004-76
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8, less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
9/2/2004 7
Resolution No. 2004-76
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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=(PH x F)+G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notiPj the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
9/2/2004 8
Resolution No. 2004-76
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
9/2/2004 9
Res. No. 2004-76
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 15th day of
November, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell
NOES: None
ABSENT: None
ABSTAIN: None
y Clerk and ex-officilVClerk of the
City Council of the City of
Huntington Beach, California
CITY OF HUNTINGTON BEACH
Inter-Office Communication
Economic Development Department
To: Mayor and City Council
VIA: Peneepe Ch-G�Cityministrator
From: David C. Biggs, Director of Economic Development
Date: November 3, 2004
Subject: Formation of Community Facilities District No. 2004-1 (The Strand)
Power Point Presentation, Resolution Nos. 2004-76, 2004-77, and
2004-78 for Item D-2
On September 20, 2004 the public hearing on the formation of Community
Facilities District (CFD) No. 2004-1 was opened and continued to the City
Council.meeting of November.15, 2004. The resolutions and the. Power.Point
presentation;have:been.updated and a new set of resolutions.have been:
prepared. There are no substantive changes'to them, other than the updating of
the dates and an acknowledgement that the public hearing was opened on
September 20, 2004.
Attached are the revised resolutions and the updated Power Point presentation.
The attached power point is a brief explanation for the reasons behind forming
the district and it also describes the actions that the City Council will need to take
in order to approve the formation of the district.
Kim Byrens, of Best, Best and Krieger, the City's Bond Counsel will be in
attendance to guide the City Council and the City Clerk through the process of
forming the.district. .In the meantime, if you_have.any questions, please feel free
to contact me..
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RESOLUTION NO. 2004-77
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE VOTERS OF
CITY OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
PROPOSITIONS REGARDING INCURRENCE OF
BONDED INDEBTEDNESS, THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN THE COMMUNITY
FACILITIES DISTRICT TO PAY PRINCIPAL OF AND
INTEREST ON BONDS THEREOF, AND THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
WHEREAS, pursuant to Section 53325.1 of the California Government Code and
Chapter 3.56 of the Municipal Code of the City of Huntington Beach (the "Code") the City
Council (the "City Council") of the City of Huntington Beach (the "City") has adopted the
resolution of formation for the City of Huntington Beach Community Facilities District No.
2004-1 (The Strand), County of Orange, State of California (the "District'), establishing the
District and the boundaries thereof(the"Resolution of Formation"); and
WHEREAS, pursuant to Section 53351 of the California Government Code and the
provisions of the Code, the City Council has also adopted a resolution determining that it is
necessary that the District incur a bonded indebtedness in an original aggregate amount not to
exceed $15,000,000 for the purposes of refinancing certain public facilities of the District; and
WHEREAS, by that resolution, the City Council called special elections on the
propositions to be submitted to the voters of the District with respect to the District incurring
bonded indebtedness for the refinancing of such public facilities; and
WHEREAS, pursuant to Section 53326 and 53350 of the California Government Code
and the provisions of the Code, it is necessary that the City Council submit to the voters of the
District the annual levy of special taxes on taxable property within the District to pay the
principal of and interest on the bonds thereof and to fund the reserve fund, if such bonds are
authorized and issued; and
WHEREAS, pursuant to Section 53325.7-of the California Government Code and the
provisions of the Code, the City Council may also submit to the voters of the District a
proposition for the establishment of an appropriations limit for the District; and
WHEREAS, the City Clerk has advised the City Council that she has received a
statement from the Registrar of Voters of the County of Orange that no persons are registered to
vote in the territory of the District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS:
1
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Resolution No. 2004-77
Section 1. Findings. The City Council finds that: (i) the foregoing recitals
are true and correct; (ii) 12 persons have not been registered to vote within the territory of the
District for each of the 90 days preceding the close of the public hearing on November 15, 2004;
(iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set
forth in clause (ii) above, the vote in the special election called by this resolution shall be by the
landowners of the District whose property would be subject to the special taxes if they were
levied at the time of the election, and each landowner shall have one vote for each acre, or
portion thereof, which he or she owns within the District which would be subject to the proposed
special taxes if they were levied at the time of the election; (iv) the sole owner of all of the land
in the District has by written consent (a) waived the time limits set forth in Section 53326 of the
California Government Code for holding the election called by this resolution and the election on
the propositions of the District incurring bonded indebtedness, which pursuant to Section 4
hereof is consolidated with the election called hereby, (b) consented to the holding of the
consolidated special elections on November 15, 2004, (c) waived notice and mailed notice of the
time and date of the consolidated special elections, (d) waived an impartial analysis by the City
Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and
arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and
mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the
measures to be included in the official ballot for said elections pursuant to Section 12111 of that
Code; and (v) the City Clerk (the "City Clerk") has consented to the holding of the consolidated
special elections on November 15, 2004.
Section 2. Call of Election. The City Council hereby calls and schedules a
special election for November 15, 2004, on the proposition of the annual levy of special taxes
within the District for the payment of principal of and interest on the bonds of the District, and
on the proposition of the establishment of an appropriations limit for the District.
Section 3. Propositions.
(a) The propositions to be submitted to the voters of the District at
such special election shall be as follows:
First Proposition: Shall a bonded indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County of Orange, State of California (the
"Community Facilities District"), for a maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the
purposes of providing; (1) The types of public facilities listed in the Resolution of Formation of
the District adopted November 15, 2004, and (2) The incidental expenses which will be incurred
are all costs associated with the creation of the Community Facilities District, issuance of the
bonds thereof, the determination of the amount of and collection of taxes, and the payment of
taxes, and costs otherwise incurred in order to carry out the authorized purposes of the
Community Facilities District?
Second Proposition: Shall special taxes be levied annually on taxable property within
City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of
Orange, State of California (the "Community Facilities District"), to pay the principal of and
2
RVPUB\KAB\678703.3
a
Resolution No. 2004-77
interest on the bonds of the Community Facilities District issued and sold to finance and
refinance those purposes specified in Proposition A of this ballot, to establish and replenish the
reserve fund for the bonds, or to accumulate funds for future bond payments, including any
amount required by federal law to be rebated to the United States with regard to the bonds, and
to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as
the special taxes are needed to pay the principal of and interest on the bonds and for such other
purposes, together with the payment of, and the provisions of repair and replacement reserves
for, maintenance of any of the publicly owned facilities financed with the proceeds of such
bonds, at the special tax rates and pursuant to the method of apportioning the special taxes set
forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of
Huntington Beach on November 15, 2004?
Third Proposition: Shall an appropriations limit, as defined by subdivision (h) of Section
8 of Article XIII B of the California Constitution, be established for City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California, in
the amount of$4,000,000?
Section 4. Consolidation of Elections. The special election called hereby on
the propositions to be submitted to the voters of the District, as set forth in Section 3 hereof, shall
be consolidated with the special election on the proposition of the District incurring bonded
indebtedness. The ballots for said consolidated elections shall be in the forms attached hereto as
Exhibit"A."
Section 5. Conduct of Election. Except as otherwise provided in Section 6
hereof, the consolidated special elections shall be conducted by the City Clerk in accordance
with the provisions of the California Elections Code governing mail ballot elections of cities, and
in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar
as they may be applicable.
Section 6. Election Procedures. The procedures to be followed in conducting
the consolidated special elections on (i) the proposition of the District incurring a bonded
indebtedness in an original aggregate amount not to exceed$15,000,000, (ii) the proposition with
respect to the levy of special taxes on taxable property within the Community Facilities District
to pay the principal of and interest on the bonds of the Community Facilities District and
maintenance of public facilities, and (iii) the proposition with respect to the establishment of an
appropriations limit for the District in the amount of $4,000,000 (the "Consolidated Special
Elections") shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code,
ballots for the Consolidated Special Elections shall be distributed to the qualified electors
by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and in particular Division 4
(commencing with Section 4000) of that Code with respect to elections conducted by
mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the
appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such
3
RVPUB\KAB\678703.3
Resolution No. 2004-77
qualified electors a ballot pamphlet and instructions to voter, including a sample ballot
identical in form to the official ballot but identified as a sample ballot, a return
identification envelope addressed to the City Clerk for the return of voted official ballots
and a copy of the Resolution of Formation adopted by the City Council on November 15,
2004 .
(c) The official ballot to be mailed or delivered by the City Clerk to
each landowner-voter shall have printed or typed thereon the name of the landowner-
voter and the number of votes to be voted by the landowner-voter and shall have
appended to it a certification to be signed by the person voting the official ballot which
shall certify that the person signing the certification.is the person who voted the official
ballot, and if the landowner-voter is other than a natural person, that he or she is an
officer of or other person affiliated with the landowner-voter entitled to vote such official
ballot, that he or she has been authorized to vote such official ballot on behalf of the
landowner-voter, that in voting such official ballot it was his or her intent, as well as the
intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled
based on its land ownership on the propositions set forth in the official ballot as marked
thereon in the voting square opposite each such proposition, and further certifying as to
the acreage of the landowner-voter's land ownership within the District.
(d) The return identification envelope mailed or delivered by the City
Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the
name of the landowner, (ii)the address of the landowner, (iii) a declaration under penalty
of perjury stating that the voter is the landowner or the authorized representative of the
landowner entitled to vote the enclosed ballot and is the person whose name appears on
the identification envelope, (iv) the printed name and signature of the voter, (v) the
address of the voter, (vi) the date of signing and place of execution of the declaration, and
(vii) a notice that the envelope contains an official ballot and is to be opened only by the
City Clerk.
(e) The information to voter form to be delivered by the City Clerk to
the landowner-voters shall inform them that the official ballots shall be returned to the
City Clerk properly voted as provided thereon and with the certification appended thereto
properly completed and signed in the sealed return identification envelope with the
certification thereon completed and signed and all other information to be inserted
thereon properly inserted by 7:00 p.m. on the date of the elections; provided that if all
qualified electors have voted, the elections shall be closed with the concurrence of the
City Clerk.
(f) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the elections, the City Clerk shall
canvass the votes cast in the Consolidated Special Elections, and shall file a statement
with the City Council as to the results of such canvass and the election on each
proposition set forth in the official ballot.
Section 7. Accountability Measures. Pursuant to Section 53410 of the
California Government Code, if the voters approve the propositions contained in the official
4
RVPUB\KAB\678703.3
Resolution No. 2004-77
ballots for the consolidated special elections with respect to the District incurring bonded
indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the
District are to be issued (the "Bond Propositions"), the incurring of such bonded indebtedness
and the issuance of bonds of the District shall be subject to the following accountability
measures:
(a) The Bond Propositions shall identify the specific purposes for
which the bonds are to be issued;
(b) The proceeds of the bonds shall be applied only for the specific
purposes identified in the Bond Propositions;
(c) An account or accounts shall be created pursuant to the fiscal•agent
agreement for such bonds into which the proceeds of the sale of such bonds, if any, shall
be deposited; and
(d) The City Administrator shall file a report with the City Council no
later than January 2 of the calendar year beginning after the year in which the bonds are
issued and annually thereafter, which shall contain the information required by Section
53411 of the California Government Code.
The City Council finds that the Bond Propositions which are set forth in the official
ballots for the consolidated special elections, which are attached as Exhibit "A" hereto, identify
the specific purposes for which the District will incur bonded indebtedness and issue bonds.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15`h day of November, 2004.
z2ziv 5�=M�
Mayor
APPROVED AS TO FORM:
c
< < City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Citf Administrator birector of Economic Development
Director of Publi orks
5
RVPUB\KAB\678703.3
Resolution No. 2004-77
EXHIBIT"A"
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
To vote, mark a cross (+) in the voting square after the word "YES" or after the word
"NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A:
Shall a bonded indebtedness in an
original aggregate principal amount not to
exceed $15,000,000 be incurred by and for
City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand),
County of Orange, State of California (the
"Community Facilities District"), for a
maximum term of not more than 35 years and
with interest at a rate or rates not to exceed the ❑ Yes
maximum interest rate permitted by law, for ❑ No
the purposes of providing; (1) The types of
public facilities listed in the Resolution of
Formation of the District adopted November [Proposition A]
15, 2004, and (2) The incidental expenses
which will be incurred are all costs associated
with the creation of the Community Facilities
District, issuance of the bonds thereof, the
determination of the amount of and collection
of taxes, and the payment of taxes, and costs
otherwise incurred in order to carry out the
authorized purposes of the Community
Facilities District?
RVPUB\KAB\678703.3 A-1
Resolution No. 2004-77
PROPOSITION B: Shall special taxes be levied
annually on taxable property within City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County
of Orange, State of California (the "Community Facilities
District"), to pay the principal of and interest on the bonds of the
Community Facilities District issued and sold to finance and
refinance those purposes specified in Proposition A of this
ballot, to establish and replenish the reserve fund for the bonds,
or to accumulate funds for future bond payments, including any ❑ Yes
amount required by federal law to be rebated to the United ❑ No
States with regard to the bonds, and to pay expenses incidental
thereto and to the levy and collection of the special taxes, so [proposition B]
long as the special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes, together with
the payment of, and the provisions of repair and replacement
reserves for, maintenance of any of the publicly owned facilities
financed with the proceeds of such bonds, at the special tax rates
and pursuant to the method of apportioning the special taxes set
forth in Exhibit "A" to the Resolution of Formation adopted by
the City Council of the City of Huntington Beach on November
15, 2004?
PROPOSITION C:
Shall an appropriations limit, as defined
by subdivision (h) of Section 8 of Article XIII ❑ Yes
B of the California Constitution, be established ❑ No
for City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), [Proposition C]
County of Orange, State of California, in the
amount of$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
2
RVPUB\KAB\678703.3
c
Res. No. 2004-77
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 15th day of
November, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell
NOES: None
ABSENT: None
ABSTAIN: None
go&si
Ci Clerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California
CITY OF HUNTINGTON BEACH
Inter-Office Communication
Economic Development.Department
To: Mayor and City Council
VIA: Penel pe CCulb4feth-Graft, City Administrator
Vt
From: David C. Biggs, Director of Economic Developmen _
Date: November 3, 2004
Subject: Formation of Community Facilities District No. 2004-1 (The Strand)
Power Point Presentation, Resolution Nos. 2004-76, 2004-77, and
2004-78 for Item D-2
On September 20, 2004 the public hearing on the formation of Community
Facilities District (CFD) No. 2004-1 was opened and continued to the City
.Council meeting of November 15, 2004.. The. resolutions and the..Power"Point
presentation"have been updated and a new set of resolutions have been
prepared. There are no-substantive changes to them, other than""the updating of
the dates and an acknowledgement that the public hearing was opened on
September 20, 2004.
Attached are the revised resolutions and the updated Power Point presentation.
The attached power point is a brief explanation for the reasons behind forming
the district and it also describes the actions that the City Council will need to take
in order to approve the formation of the district.
Kim Byrens, of Best, Best and Krieger, the City's Bond Counsel will be in
attendance to guide the City Council and the City Clerk through the process of
forming the district. In the meantime, if you have-any questions,,please-feel free
to contact me.
o
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RESOLUTION NO. 2004-78
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE RESULTS OF THE
CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2004-1 (THE STRAND) COUNTY OF ORANGE,
STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH
RESPECT TO (i)INCURRING BONDED INDEBTEDNESS IN
AN ORIGINAL AMOUNT NOT TO EXCEED $15,000,000,
(ii)THE ANNUAL LEVY OF SPECIAL TAXES TO PAY
PRINCIPAL AND INTEREST ON BONDS, AND (iii)THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF
SPECIAL TAX LIEN
WHEREAS, on November 15, 2004, the City Council (the "City Council") of the
City of Huntington beach (the "City") adopted a Resolution determining the necessity for City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) County of Orange,.
State of California (the "Community Facilities District"), to incur a bonded indebtedness in an
original aggregate principal amount not to exceed $15,000,000 and calling a special election on
the proposition of incurring such a bonded indebtedness for November 15, 2004, providing for
the consolidation of that election with the election on the propositions with respect to the annual
levy of special taxes on taxable property within the Community Facilities District to pay
principal of and interest on such bonds, together with the maintenance, repair and replacement of
public facilities, and the establishment of an appropriations limit for the Community Facilities
District; and
WHEREAS, on November 15, 2004, the City Council also adopted a resolution
calling a special election (the "Election Resolution") for November 15, 2004, for submitting to
the voters of the Community Facilities District the proposition with respect to the annual levy of
special taxes on taxable property within the Community Facilities District to pay the principal of
and interest on the bonds thereof, and the proposition with respect to the establishment of an
appropriations limit for the Community Facilities District, and providing for the consolidation of
that election with the election on the proposition of the Community Facilities District incurring a
bonded indebted-ness; and
WHEREAS, the City Council has received a statement from the City Clerk (the
"City Clerk"), who pursuant to the Election Resolution was authorized to conduct the
consolidated special elections and act as the election official therefor, with respect to the canvass
of the ballots returned in and the results of the consolidated special elections, certifying that more
than two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated
special elections were cast in favor of approving all such propositions;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AS
FOLLOWS:
Section 1. Findings. The City Council finds that: (i)there were no
persons registered to vote within the boundaries of the Community Facilities District at the time
RV PUB\MRUNAL.S HAH\678768.3
Resolution No. 2004-78
of the close of the protest hearing on November 15, 2004, and pursuant to Section 53326 of the
California Government Code ("Section 53326") the vote in the consolidated special elections
was, therefore, to be by the landowners owning land within the Community Facilities District,
with each landowner having one vote for each acre or portion of an acre of land that he or she
owned within the Community Facilities District which would have been subject to the special tax
if levied at the time of the consolidated special elections; (ii) pursuant to Section 53326 and the
Election Resolution. the City Clerk distributed the ballots for the consolidated special elections
to CIM Group and Cracchiolo, S.W. & D.L. Trust A&C, the owners of all of the land included
within the boundaries of the Community Facilities District (collectively the "Property Owners")
by overnight mail with return postage prepaid; (iii)the Property Owner waived the time limits
for holding the consolidated special elections and.the election dates specified in Section 53326,
and consented to the calling and holding of the consolidated special elections on November 15,
2004; (iv)the consolidated special elections have been properly conducted in accordance with all
statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section
53326, the Property Owners, which owned approximately 2.26 acres, were entitled to a total of 3
votes; (vi)the ballot was returned to the City Clerk prior to 7:00 p.m. on November 15, 2004, by
the Property Owner; (vii)the ballot returned to the City Clerk by the Property Owner voted all
votes to which it was entitled in favor of all propositions set forth there-in; (viii) more than
two-thirds of the votes cast in the consolidated special elections on each such proposition were
cast in favor thereof, and pursuant to Sections 53328, 53329 and 53355 of the California
Government Code, all such propositions carried; (ix)the City Council, as the legislative body of
the Community Facilities District, is therefore authorized to take the necessary action to have the
Community Facilities District incur a bonded indebted-ness in an original aggregate amount not
to exceed $15,000,000; (x) the City may annually levy special taxes on taxable property within
the Community Facilities District in amounts sufficient to pay the principal of and interest on the
bonds of the Community Facilities District; and (xi) an appropriations limit for the Community
Facilities District has been established in the amount of$4,000,000.
Section 2. Declaration of Results. All votes voted in the
consolidated special elections on the propositions with respect to the Community Facilities
District incurring a bonded indebted-ness in an original aggregate amount not to exceed
$15,000,000, the annual levy of special taxes on taxable property within the Community
Facilities District to pay the principal of and interest on the bonds thereof and to pay for
maintenance, repair and replacement of public facilities; and the establishment of an
appropriations limit in the amount of $4,000,000 for the Community Facilities District were
voted in favor thereof, and all such propositions carried.
Section 3. Effect of Elections. The effect of the results of the
consolidated special elections, as specified in Section 2 hereof, is that the City Council, as the
legislative body of the Community Facilities District, is authorized to have the Community
Facilities District incur a bonded indebtedness in an original aggregate amount not to exceed
$15,000,000 for the purposes set forth in Proposition A of the Official Ballot for the consolidated
special elections, and, after the Community Facilities District has incurred a bonded indebtedness
and issued bonds therefor, to annually levy special taxes on taxable property within the
Community Facilities District in an amount sufficient to pay the principal of and interest on the
bonds including funding a reserve fund, and to pay for maintenance, repair and replacement of
public facilities, at the special tax rates and pursuant to the methodology for determining and
apportioning such special taxes which are set forth in Exhibit"A"to the Resolution of Formation
RV PUB\rARUNAL.S HAM678768.3
Resolution No. 2004-78
adopted by the City Council on November 1504, and an appropriations limit has been established
for the Community Facilities District in the amount of$4,000,000.
Section 4. Notice of Special Tax Lien. The City Clerk shall record a
notice of special tax lien pursuant to Section 53328.3 of the California Government Code and
Section-3 114.5 of the California Streets and Highways Code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 15th day of November, 2004.
-Mora;
yor
APPROVED AS TO FORM:
Ity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity Adm9iistrator Director of Economic Development
ft- R- z�f� /ti
Director of Public W rks
R V PUMMUNAL.SHAH\678768.3
I
Res. No. 2004-78
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 15th day of
November, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell
NOES: None
ABSENT: None
ABSTAIN: None
C" Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
0 CITY .OF HUNTINGTON BEACH
0
Inter-Office Communication
Economic Development Department
To: Mayor and City Council
VIA: Pen el pe C�h-Graft, City Administrator
V�
From: David C. Biggs, Director of Economic Developmen
Date: November 3, 2004
Subject: Formation of Community Facilities District No. 2004-1 (The Strand)
Power Point Presentation, Resolution Nos. 2004-76, 2004-77, and
2004-78 for Item D-2
On September 20, 2004 the public hearing on the formation of Community
Facilities District (CFD) No. 2004-1 was opened and continued to the City
Council meeting of. November..15, 2004.. The resolutions and the Power.Point,
presentation have.been updated:and.a new set of resolutions have been
prepared. There are no substantive changes to them,:other than the updating of
the dates and an acknowledgement that the public hearing was opened on
September 20, 2004.
Attached are the revised resolutions and the updated Power Point presentation.
The attached power point is a brief explanation for the reasons behind forming
the district and it also describes the actions that the City Council will need to take
in order to approve the formation of the district.
Kim Byrens, of Best, Best and Krieger, the City's Bond Counsel will be in
attendance to guide the City Council and the City Clerk through the process of
forming the.district...In the meantime, if you have any..questions, please feel free
to contact me
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Formation of Community
Facilities District No. 2004-1
(The Strand)
City Council Meeting
September 20, 2004
November 15, 2004
PURPOSE OF CFO
�z The Redevelopment Agency has a DDA with
CIM/Huntington, LLC.
z The Strand will encompass a 149-room hotel, 135,000
sq. ft. of restaurant and retail space and a two story
parking garage with 500 spaces.
* The proposed CFD will cover only the The Strand
property, which is comprised of the majority of Blocks
104 and 105.
2
1
PURPOSE OF CFO
z A CFD allows a private party to borrow funds through
the issuance of tax-exempt bonds.
Bond proceeds will be used to pay for public
improvements and other eligible project costs. In the
case of The Strand, this will be the parking garage,
water lines, storm drain and other public improvements.
Bonds are repaid through a Special Property Tax levy
on the property within the CFD.
3
CFD SPECIAL PROPERTY TAX
�z The City serves as the conduit for issuance of
the Bonds.
z The City has no obligation for repayment of the
Bonds.
4
2
CFO FORMATION/BONDS
�z Tonight's actions would create the CFD.
Bonds will be issued for the CFD in the future by
separate City Council action.
CFD formation documents authorize the issuance of up
to $15 million in bonds. Size of bond issue will be
determined prior to a future City Council action.
5
REASONS/BENEFITS FOR CFO
FORMATION
CIM has advanced funds to the Redevelopment Agency
for certain legal and appraisal costs related to the
formation of the CFD.
The Agency is obligated to repay the Developer
Advances of$7.9
Current source of Developer Advance Payments has an
interest rate of 10%.
6
3
REASONS/BENEFITS FOR CFO
FORMATION
z CFD Bonds will allow the Developer to secure a
lower Cost Source of Funds which will reduce the
Developer Advance Payments (estimated to be in
the 6.25% range).
z The Developer Advance Payments are to be repaid
from a portion of the The Strand's public revenues
(Net Parking Income, Property Tax Increment and
TOT), as such the City/Agency will be the
beneficiaries of the lower interest rates from the
CFD.
RECOMMENDED ACTIONS
City Council:
�z Open the Public Hearing, take testimony, and
close the Public Hearing on the formation of the
CFD.
*Adopt Resolution No. 2004-76 Forming the
Community Facilities District of the City of
Huntington Beach, Community Facilities District
No. 2004-1 (The Strand).
a
4
RECOMMENDED ACTIONS
:D Adopt Resolution No. 2004-77 of the City of Huntington
Beach Establishing Bonded Indebtedness and
Appropriations Limit.
Hold the Election
Adopt Resolution No. 2004-78 of the City of Huntington
Beach Incurring Indebtedness not to Exceed $15
million, Establishing the Annual Levy of Special Taxes
to Pay the Bonds and Authorizing the Recordation of
the Special Tax Lien.
9
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5
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approval of Resolutions Holding of Election, Declaring
the Results and Establishing Community Facilities
District No. 2004-1
COUNCIL MEETING DATE: September 20, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable IR
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attome
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attome
Certificates of Insurance (Approved b the City Attorne Attached ❑
PP Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Attached ❑
Staff Report (If applicable) Not Appl!cable
Commission, Board or Committee Report If applicable) Attached ❑
P ( PP ) Not Applicable
s/Conditions for Approval and/or Denial Attached LiFindin
9 PP Not Applicable
EXPLANATION FOR MISSING-ATTACHMENTS
.
REVIEWED FORWA DED:
RETURNED
Administrative Staff .
Assistant City Administrator Initial
[Cil,Administrator Initial
City Clerk
EXPLANATION`:FOR RETURNOF ITEM
(Below
• . For Only)
RCA Author: Gus Duran X1529
_J c
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OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
NOVEMBER 15,2004
To vote, mark a cross (+) in the voting square after the word "YES" or after the
word "NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City
of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), for a
maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of
providing: (1) the types of public facilities listed in
the Resolution of Formation of the District adopted
November 15, 2004, and (2) the incidental expenses
which will be incurred are all costs associated with the YES
creation of the Community Facilities District, issuance
of the bonds thereof, the.determination of the amount NO
of and collection of taxes, and the payment of taxes,
and costs otherwise incurred in order to carry out the [Proposition A]
authorized purposes of the Community Facilities
District?
RVPUB\MUM\680426.l
CIM/Huntington, LLC
2.14 acres—3 votes
Page 1 of 3
1
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City Clerk of the City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TNIS NVELOPE CON] INS--AN:
I
4FF�Ct�_BQT TQ 6E QPEMEI3
....
N BY THE CITY EERK-OF 7WE
CxT 't�F1 11fT GTl ii�fr �f -
i
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City of
Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), to
pay the principal of and interest on the bonds of the
Community Facilities District issued and sold to
finance and refinance those purposes specified in
Proposition A of this ballot, to establish and
replenish the reserve fund for the bonds, or to
accumulate funds for future bond payments,
including any amount required by federal law to be
rebated to the United States with regard to the bonds,
and to pay expenses incidental thereto and to the levy
and collection of the special taxes, so long as the
special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes,
together with the payment of, and the provisions of
repair and replacement reserves for, maintenance of YES
any of the publicly owned facilities financed with the NO
proceeds of such bonds, at the special tax rates and
pursuant to the method of apportioning the special
taxes set forth in Exhibit "A" to the Resolution of [Proposition B]
Formation adopted by the City Council of the City of
Huntington Beach on November 15, 2004?
PROPOSITION C: Shall an appropriations YES
limit, as defined by subdivision (h) of Section 8 of
Article XIII B of the California Constitution, be NO
established for City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County [proposition C]
of Orange, State of California, in the amount of
$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
RVPUB\MUv1\680426.1
CIM/Huntington, LLC
2.14 acres—3 votes
Page 2 of 3
CERTIFICATION
I, KEG 1 A EQP1 CN, certify that I am the authorized representative of
CIM/Huntington, LLC, an owner of property included within the boundaries of City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange,
State of California (the "Owner"), and that I am authorized to vote the Official Ballot to which
this certification is attached. I further certify that in voting said ballot it was my intent, as well as
the intent of the Owner, to vote all votes to which the Owner is entitled on Propositions A, B and
C set forth in said ballot as marked in the voting square opposite each proposition. I further
certify that the Owner owns 2.14 acres of land within said community facilities district, and that
in voting said ballot I intended to vote each vote to which such acreage would entitle the Owner
in the manner marked on said ballot.
I certify that this certification was executed on November 15, 2004, at
Hollywood, California.
CIM/HUNT GTON, LLC, a Califo is
imited 1'abili comp
By:
\\j
Title: O
RVPUBUNUW680426.1
Page 3 of 3
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE, STATE OF CALIFORNIA
Consolidated Special Elections with Respect to
(i) Incurring a Bonded Indebtedness,
(ii) Annual Levy of Special Taxes to Pay
Principal and Interest on Bonds, and
(iii) Establishment of an Appropriations Limit
November 15, 2004
Ballot Pamphlet \
and
Instructions to Voter
RVPUMBJS\680429.1
Dear Voter:
The City Council of the City of Huntington Beach has called a special
election for City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand). This is an all-mailed ballot landowner election. The ballots are being mailed or
delivered to the persons or entities listed on the County Assessor's latest equalized
assessment roll, as updated based on more current information available to the City of
Huntington Beach regarding ownership.
YOU WILL RECEIVE ONE BALLOT FOR EACH GROUP OF
PARCELS SHOWN ON THE ASSESSOR'S ROLL UNDER AN IDENTICAL NAME
AND ADDRESS. The ballots will be distributed based on the names and addresses
designated on the assessment roll or obtained from such other information. Any parcels
with a common name and address were combined for voting purposes. Each qualified
voter has been issued'one ballot which entitles that voter to vote his or her total acreage
of land. Each ballot is allotted a specified number of votes depending on acreage. Each
acre of portion thereof is worth one vote.
Please note that your ballot must be received by the City Clerk of the City
of Huntington Beach not later than 7:00 p.m. on November 15, 2004. A POSTMARK
DATE IS NOT ACCEPTABLE. You must use the enclosed envelope for returning your
ballot by mail, or your ballot may be delivered in the envelope, to the office of the City
Clerk of the City of Huntington Beach located at 2000 Main Street, Huntington Beach,
California 92648.
Contained in this Ballot Pamphlet and Instructions to Voter are
Instructions to Landowner Voter, a Sample Ballot, and a copy of the Resolution of
Formation adopted by the City Council of the City of Huntington Beach on November
15, 2004. If you have any questions, please contact us at(714) 536-5224.
Very truly yours,
CITY CLERK
CITY OF HUNTINGTON BEACH
By: /s/
Joan Flynn
-2-
RVPUB\BJS\680429.1
INSTRUCTIONS TO LANDOWNER VOTER
HOW TO VOTE YOUR BALLOT
Vote your official ballot by placing a cross (+) in the voting square
opposite your choice with a pen or pencil, and by completing, dating and signing the
certificate attached thereto.
SPOILING YOUR BALLOT
If you tear your ballot or make an error in voting you may secure another
by surrendering the ballot you spoiled, in person or by mail at the address below, or by
executing an affidavit to the effect that you lost your ballot, and you will be given another
ballot.
RETURNING YOUR BALLOT .
Enclose your ballot in the Identification Envelope provided. Supply ALL
information requested on the Identification Envelope. YOUR VOTE WILL BE
DISQUALIFIED IF YOU DO NOT FILL IN ALL THE INFORMATION.
LAST DAY TO RETURN TO THE CITY CLERK
Your ballot must be returned to the office of the City Clerk of the City of
Huntington Beach not later than 7:00 p.m. on November 15, 2004, for it to be counted.
YOUR BALLOT CANNOT BE ACCEPTED BEYOND THIS DEADLINE.
Your ballot must be mailed in the envelope provided for this purpose, or it
may be delivered in the envelope to the office of the City Clerk of the City of Huntington
Beach located at 2000 Main Street, Huntington Beach, California 92648.
-3-
RVPUB\BJS\680429.1
SAMPLE BALLOT - DO NOT VOTE
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
November 15, 2004
To vote, mark a cross (+) in the voting square after the word "YES" or after the
word"NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City
of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), for a
maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of
providing; (1) The types of public facilities listed in
the Resolution of Formation of the District adopted
November 15, 2004, and (2) The incidental expenses
which will be incurred are all costs associated with the YES
creation of the Community Facilities District, issuance
of the bonds thereof, the determination of the amount NO
of and collection of taxes, and the payment of taxes,
and costs otherwise incurred in order to carry out the [Proposition A]
authorized purposes of the Community Facilities
District?
-4-
RVPUB\BJS\680429.1
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City of
Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), to
pay the principal of and interest on the bonds of the
Community Facilities .District issued and sold to
finance and refinance those purposes specified in
Proposition A of this ballot, to establish and
replenish the reserve fund for the bonds, or to
accumulate funds for future bond payments,
including any amount required by federal law to be
rebated to the United States with regard to the bonds,
and to pay expenses incidental thereto and to the levy
and collection of the special taxes, so long as the
special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes,
together with the payment of, and the provisions of
repair and replacement reserves for, maintenance of YES
any of the publicly owned facilities financed with the NO
proceeds of such bonds, at the special tax rates and
pursuant to the method of apportioning the special
taxes set forth in Exhibit "A" to the Resolution of [Proposition B]
Formation adopted by the City Council of the City of
Huntington Beach on November 15, 2004? .
PROPOSITION C: Shall an appropriations
limit, as defined by subdivision (h) of Section 8 of YES
Article XIII B of the California Constitution, be -
established for City of Huntington Beach Community NO
Facilities District No. 2004-1 (The Strand),,County of
Orange, State of California, in the amount of [Proposition C]
$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
RVPUB\13JS\680429.1 -5-
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING
CITY OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO. 2004-1 (THE STRAND) .
AND ESTABLISHING THE BOUNDARIES
THEREOF
WHEREAS,,the City Council (the "City Council") of the City of Huntington
Beach ("City") has heretofore adopted on August 16, 2004, Resolution No. 2004-68, stating that
a proposed community facilities district to be known as "City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County of Orange, State of California" (the
"Community Facilities District"), is proposed to be established under the terms of Chapter 3.56
(commencing with Section 3.56.010) of the Municipal Code of the City of Huntington Beach
(the "Code") and Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of
the California Government Code, commonly known as the "Mello-Roos Community Facilities
Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the establishment
of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District, the levy of the special taxes therein, the financing
and refinancing of public facilities therein, and the incurring of a bonded indebtedness by the
Community Facilities District, and of the time and place of said public hearing; and
WHEREAS, on September 20, 2004, at the time and place specified in said
published and mailed notices, the City Council opened a public hearing as required by law
relative to the formation of the Community Facilities District, the levy of the special taxes
therein and the financing of facilities by the Community Facilities District and continued such
hearing to November 15, 2004, in accordance with applicable law; and
WHEREAS, prior to said hearing there was filed with the City Council a report
(the "Report") containing a description of the services being financed within and for the
Community Facilities District, and an estimate of the cost of such financing, as required by
Section 53321.5 of the California Government Code; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the establishment of the Community Facilities District, the levy of the special taxes
and the financing of the public facilities therein were heard, and a full and fair hearing was held;
and
WHEREAS, the City Council may therefore proceed to establish the Community
Facilities District;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, the following:
RVPUB\MUM\678693.3 1
R
Section 1. Findings. The City Council finds as follows: (i) all of the
preceding recitals are correct, (ii) on September, 2004, pursuant to notice thereof duly given as
provided by law, the City Council opened a public hearing with respect to the establishment of
the Community Facilities District and the annual levying of specified special taxes on the taxable
property within the Community Facilities District to pay for public facilities for the Community
Facilities District which are described in Section 3 hereof, and continued such hearing in
accordance with applicable law, (iii) such public hearing was conducted on November 15, 2004,
(iii) the boundary map of the Community Facilities District has been recorded pursuant to
Sections 3111 and 3113 of the Streets and Highways Code as Instrument No. 2004000762874 in
Book 89 of Book of Maps of Assessment and Community Facilities Districts at page 41 of the
Official Records of the County of Orange, (iv) all prior proceedings with respect to the
establishment of the Community Facilities District prior to and during the hearing with respect to
the establishment. of the Community Facilities District conducted by the City Council on
September 20, 2004 and November 15, 2004, were valid and in conformity with the
requirements of Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of the
California Government Code, (v)_no written protests were received at or prior to the time of said
hearing against the establishment of the Community Facilities District or the levying of said
special taxes by-the Community Facilities District, and said special taxes have, therefore, not
been limited by majority protest pursuant to Section 53324 of the California Government Code,
(vi)the City Council is, therefore, authorized to adopt a resolution of formation pursuant to
Section 53325.1 of the California Government Code for the establishment of City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of .
California, and the Community Facilities District should be established.
Section 2. Establishment of District. City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand) County of Orange, State of California, is hereby
established. The boundaries of the Community Facilities District are set forth in Exhibit"A"
attached hereto and are also shown on the map entitled `Boundaries of City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California"
which is on file with the Clerk and said boundaries are hereby established.
Section 3. Types of Facilities; Incidental Expenses;Maintenance.
(1) ` The types of public facilities proposed to be provided within and financed
by the proposed Community Facilities District are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street
lights and parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
RV PUB\MUM\678693.3 2
t
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
(i) Acquisition of land, rights-of-way and easements necessary for any
of the facilities specified in paragraphs (a)through(h) above.
(j) The incidental expenses which will be incurred.are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the
creation of the proposed community facilities district, issuance of
the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise
incurred in order to carry out the authorized purposes of the
community facilities district, and (iii) any other expenses
incidental to the construction, acquisition, completion, inspection,
and maintenance of such facilities.
Section 4. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay for all such facilities and to pay the principal of and interest on the
bonds of the Community Facilities District and any territory to be annexed in the future, and the
annual administrative expenses of City and the Community Facilities District in determining,
apportioning, levying and collecting such special taxes, and in paying the principal of and
interest on such bonds, and the costs of registering, exchanging and.transferring such bonds,
secured by the recordation of a continuing lien against all taxable or nonexempt property in the
Community Facilities District, and maintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the United States in order to preserve the tax-exempt status of such .
bonds shall be annually levied within the Community Facilities District. Additionally, there
shall be levied special taxes sufficient to pay for the maintenance, repair and replacement of such
public facilities. The rate and method of apportionment of said special taxes shall be as set forth
in Exhibit"B" attached hereto and by this reference made a part hereof.
Section 5. Annexation of Territory. Other property within the boundaries of
City may be annexed into the Community Facilities District upon the condition that parcels
within that territory may be annexed only with the unanimous approval of the owner or owners
of each parcel or parcels.at the time that parcel or those parcels are annexed.
Section 6. Exempt Property. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal and local governments or used for
public rights of way or other public uses, shall be exempt from the levy of special taxes of the
Community Facilities District.
Section.7. Report. The Report is hereby approved and is made a part of the
record of the public hearing regarding the formation of the Community Facilities District, and is
ordered to be kept on file with the Clerk of the City as part of the transcript of these proceedings.
RVPUB\ MUM\678693.3 3
Section 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to
Section 53314.9 of the California Government Code, the City Council may accept advances of
funds or work-in-kind from private persons or private entities and may provide, by resolution, for
the use of those funds or that work-in-kind, for any authorized purpose, including, but not limited
to, paying any costs incurred by City in creating-the Community Facilities District and may enter
into an agreement by resolution, with the person or entity advancing funds or work-in-kind to
repay funds advanced, or to reimburse the person or entity for the value or cost, whichever is
less, of the work-in-kind, as determined by the City Council.
Section 9. Tender of Bonds. This City Council hereby reserves the right, on
behalf of the Community Facilities District to accept tenders of bonds in full or partial payment
of special taxes to be levied within the Community Facilities District pursuant to Section
3.56.320 of the Code.
Section 10. Description of Voting Procedures. The voting procedures to be
followed in conducting the consolidated special elections on (i)the proposition of the
Community Facilities District incurring a bonded indebtedness in an amount not to exceed
$15,000,000, (ii)the proposition with respect to the levy of special taxes on the land within the
Community Facilities District to pay the principal of and interest on the bonds thereof and to pay
the costs of maintenance ,repair and replacement of public facilities, and (iii) the proposition
with respect to the establishment of an appropriations limit for the Community Facilities District
in the amount of$4,000,000, if the Community Facilities District is established and such consoli-
dated special elections (the"consolidated special elections") are held, shall be as follows:
(1) If at least 12 persons have been registered to vote within the territory of
the Community Facilities District for each of the 90 days preceding the close of the public or
protest hearing (the "protest hearing"), the vote in the consolidated special elections shall be by
the registered voters of the Community Facilities District with each voter having-one vote. In
that event, the consolidated special elections shall be conducted by the Clerk, and shall be held
on a date selected by the City Council in conformance.with the provisions of Section 53326 of
the California Government Code and pursuant to the provisions of the California Elections Code
governing elections of cities, insofar as they may be applicable, and pursuant to said Section
53326 the ballots for the consolidated special elections shall be distributed to the qualified
electors of the Community Facilities District by mail with return postage prepaid or by personal
service, and the consolidated special elections shall be conducted as a mail ballot election.
(2) If 12 persons have not been registered to vote within the territory of the
community facilities district for each of the 90 days preceding the close of the protest hearing,
and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by
the landowners (as defined in Section 3.56.070 of the Municipal Code of the City of.Huntington
Beach) of the Community Facilities District, with each landowner of record at the close of the
protest hearing having one vote for each acre or portion of an acre of land that he or she owns
within the Community Facilities District, the consolidated special elections shall be conducted
by the City Clerk pursuant to the Municipal Code of the City of Huntington Beach and Section
53326 of the California Government Code as follows:
RVPUB\MUM\678693.3 4
(a) The consolidated special elections shall_be held on the earliest
date, following the adoption by the City Council of the resolution
of formation establishing the Community Facilities District
pursuant to Section 53325.1 of the California Government Code,
and a resolution pursuant to Section 53326 of said Code submitting
the propositions with respect to (i) whether a bonded indebtedness
shall be incurred for constructing and financing through the sale of
bonds public facilities necessary for the formation of the
Community Facilities District; (ii) the levy of special taxes to pay
the principal of and interest on the bonds of the Community
Facilities District and (iii) the establishing of an appropriations
limit therefor to the qualified electors of the Community Facilities
District, upon which such elections can be held pursuant to said
Section 53326 which.may be selected by the City Council, or such
earlier date as the owners of land within the Community Facilities
District and the Clerk agree and concur is-acceptable.
(b) Pursuant to said Section 53326, the consolidated special elections
may be held earlier than 90 days following the close of the protest
hearing if the qualified electors of the Community Facilities
District waive the time limits for conducting the elections set forth
in said Section 53326 by unanimous written consent and the Clerk
concurs in such earlier election date as shall be consented to by the
qualified electors.
(c) Pursuant to said Section 53326, ballots for the consolidated special
elections shall be distributed to the qualified electors by the Clerk
by mail with return postage prepaid, or by personal service.
(d) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and
specifically Division 4 (commencing with §4000 of the California
Elections Code with respect to elections conducted by mail), the
Clerk shall mail (or deliver) to each qualified elector an official
ballot in a form specified by the City Council in the resolutions
calling and consolidating the consolidated special elections, and
shall also mail to all such qualified electors a ballot pamphlet and
instructions to voter, including a sample ballot identical in form to
the official ballot but identified as a sample ballot, an impartial
analysis by Counsel to City pursuant to Section 9280, as amended,
of said Code with respect to the ballot propositions contained in
the official ballot, arguments and rebuttals, if any, pursuant to.
Sections 9281, as amended, to 9287, as amended, inclusive, and
9295, as amended, 'of said Code, a return identification envelope
with prepaid postage thereon addressed to the Clerk for the return
of voted official ballots, and a copy of the form of Resolution of
Formation establishing the Community Facilities District, adopted
RV PUB\MUM\678693.3 5
• 1`
by the City Council pursuant to Section 53325.1 of the California
Government Code, and the exhibits thereto; provided, however,
that such analysis and arguments may. be waived with the
unanimous consent of all the landowners, and in such event a
finding regarding such waivers shall be made in the resolution
adopted by the City Council calling the .consolidated special
elections.
(e) The official ballot to be mailed (or delivered) by the Clerk to each
landowner shall have printed or typed thereon the name of the
landowner and the number of votes to be voted by the landowner
and shall have appended to it a certification to be signed by the
person voting the official ballot which shall certify that the person
signing the certification is the person who voted the official ballot,
and if the landowner is other than a natural person, that he or she is
an officer of or other person affiliated with the landowner entitled
to vote such official ballot, that he or she has been authorized to
vote such official ballot on behalf of the landowner, that in voting
such official ballot it was his or her intent, as well as the intent of
the landowner, to vote all votes to which the landowner is entitled
based on its land ownership on the propositions set forth in the
official ballot as marked thereon in the voting square opposite each
such proposition, and further certifying as to the acreage of the
landowner's land ownership within the 'Community Facilities
District.
(f) The return identification envelope delivered by the Clerk to each
landowner,shall have printed or typed thereon the following:
(i)the name of the landowner, (ii)the address of the landowner,
(iii) a declaration under penalty of perjury stating that the voter is
the landowner or the authorized representative of the landowner
entitled to vote the enclosed ballot and is the person whose name
appears on the identification envelope, (iv) the printed name and
signature of the voter, (v)the address of the voter, (vi) the date of
signing and place of execution of said declaration, and (vii) a
notice that the envelope contains an official ballot and is to be
opened only by the Clerk.
(g) The instruction to voter form to be mailed by the Clerk to the
landowners shall inform them that the official ballots shall be
returned to the Clerk properly voted as provided thereon and with
the certification appended thereto properly completed and signed
in the sealed return identification envelope with the certification
thereon completed- and signed and all other information to be
inserted thereon properly inserted not later than 7:00 p.m. on the
date of the election, or immediately after the Resolution Calling
the Special Election is adopted
RVPUB\MUM\678693.3
(h) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the elections,
the Clerk shall canvass the votes cast in the consolidated special
elections, and shall file a statement with the City Council as to the
results of such canvass and the election on each proposition set
forth in the official ballot.
The procedures set forth in this section for conducting the consolidated special
elections, if they are held, may be modified as the City Council may determine to be necessary or
desirable by a resolution subsequently adopted by the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 15t' day of November, 2004.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Administrator Director of Economic Development
Director of Public Works
RVPUB\MUM\678693.3 7
EXHIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND),
COUNTY OF ORANGE, STATE OF CALIFORNIA
In the City of Huntington Beach, County of Orange, State of California, being
Lots 10, 12, 14, 16, 18, 20, 22, 241 26, 28, a portion of Lot 9 and a portion of the alleys adjacent
to said Lots, in Block 104;.Lots 1 through 21, inclusive, 23, 25, 27, and a portion of the alleys
adjacent to said Lots, in Block 105; together with that portion of Fifth Street adjacent to said
Blocks 104 and '105, all as shown on Map of Huntington Beach filed in Book 3, Page 36 of
Miscellaneous Maps, Records of said County described as follows:
Beginning at most easterly comer of said Lot 28; thence South 41°37'44 West
225.10 feet along the northwesterly line of the Alley, 15 feet wide, within said Block 104, to the
most southerly corner of Lot 12 of said Block 104; thence North 48°22'14" West 67.71 feet
along the southwesterly line of said Lot 12 to the northeasterly prolongation of the northwesterly
line of the Deed recorded October 10, 1990 as Instrument No. 90-538988, of Official Records of
said County; thence South 41°37'10" West 125.05 feet along said prolongation and said
northwesterly line to'the northeasterly line of Pacific Coast Highway (Ocean Avenue), 100.00
feet wide; per the Map of Huntington Beach filed in Book 3, Page 36 of Miscellaneous Maps,
Records of said County; thence North 48°21'52" West 359.91 feet.along said northeasterly line
to the southeasterly line of Sixth Street, 75 feet wide as shown on said Map of Huntington
Beach; thence North 41°37'11" East 250.03 feet along said southeasterly line to the most
northerly corner of Lot 20 of said Block 105; thence South 48°22'50" East 125.07 feet along the
northeasterly line of said Lot 20 and the southeasterly prolongation thereof to the centerline of
the Alley, 15 feet wide, within said Block 105; thence North 4197'11" East 100.01 feet along
said centerline to the southwesterly line of Walnut Avenue, 60 feet wide as shown on said Map
of Huntington Beach; thence South 48°22'50" East 302.58 feet along said southwesterly line to
the POINT OF BEGINNING. Containing 2.956 acres, more or less.
RVPUB\N4UM\678693.3 A-1
EXFIBIT `'B''
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
L
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax `
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June_17, 1999,
which was supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5; 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
8/3 1/2004 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental- agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July I and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. .The Maximum Back-up Special Tax is $590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the.City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
8/3 1/2004 3
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposp.-,;or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps, the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less.than 2.20 acres.
Trustee means the trustee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract.or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
8/3 1/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed -from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special_ tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the.Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure s.halI
8/31/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable.to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be .prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
8/3 1/2004 6
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable.Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special .Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute.the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract -the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the, sum of the amounts computed
pursuant to Paragraphs 3, 4. 7 and 8-.less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
8/31/2004 7
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments,(as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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 = (PH xF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH = the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
8/3 1/2004 8 .
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
8/31/2004 9
J -±
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WEI IS LAWYERS SAN DIEGO
(760) 558-26 1 1 3750 UNIVERSITY AVENUE (6 1 9) 525-1 300
— POST OFFICE BOX 1 028 —
ONTARIO RIVERSIDE, CALIFORNIA 92502-1028 ORANGE COUNTY
(909)989-8584 (909)686-1450 (949) 263-2600
(909)686-3083 FAX —
BBKLAW.COM SACRAMENTO
(91 6)325-4000
Kim A. BYRENS
(909) 826-8273
Kim.BYRENS@BBKLAW.COM
FILE No. 60306.00002
October 21, 2004
VIA OVERNIGHT COURIER
CIM/Huntington, LLC
6922 Hollywood Blvd., 9/F
Hollywood, CA 90028
Attention: Kelly Eppich, CFO
Re: City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand)
Dear Mr. Eppich:
This firm is acting as bond counsel to the City of Huntington Beach in connection
with the proceedings for the establishment of the above-referenced Community Facilities District
(the "District"). At its meeting on November 15, 2004, commencing at 7:00 p.m., the City
Council will conduct consolidated public hearings regarding the formation of the District and the
authorization of bonded indebtedness for the District. Immediately following that hearing, the
Council will adopt a resolution calling and scheduling consolidated special elections on
November 15, 2004, regarding the District incurring bonded indebtedness, the levy of special
taxes on taxable property in the District to pay debt service on bonds, and the establishment of an
appropriations limit for the District. That resolution will instruct the City Clerk to deliver an
official ballot and other election documents to the landowner-voters in the District. This would
necessitate the City Clerk delivering the ballots and other election materials to the
landowner-voters at that time and the landowner voters voting and returning their ballots
immediately thereafter. It is intended that the election will be completed and that the City
Council will adopt a resolution declaring the results of the election at the meeting.
In order to facilitate the election process and as a matter of convenience, we are
enclosing herewith the Official Ballot for CIM/Huntington, LLC, together with the following
election documents: (a) Ballot Pamphlet and Instructions to Voter, (b) a Sample Ballot (which is
identical to the Official Ballot), (c) an official return envelope for returning the voted ballot to
the City Clerk and (d) a copy of the Resolution of Formation to be adopted by the City Council
on November 15, 2004. Attached to this resolution as Exhibit "A" is a copy of the Rate and
Method of Apportionment of Special Taxes for the District. We are mailing this ballot and
documents so that you can have the authorized representative of CIM/Huntington, LLC,
complete the voting of the ballot and so that you can return it to our office, and we can be
prepared to deliver the voted Official Ballot to the City Clerk at the appropriate time during the
November 15 meeting. However, if you or your authorized representative would prefer to vote
RVPUB\BJS\680442.1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CIM/Huntington, LLC
Attention: Kelly Eppich, CFO
October 21, 2004
Page 2
the ballot at the meeting, and you will so advise the undersigned, we will make arrangements to
have the ballot and other election documents delivered to you by the City Clerk at the
appropriate time during the meeting.
Please read the following instructions regarding the voting of the Official
Ballot carefully, so that we will not have any mistakes which might necessitate holding the
election again.
Assuming that you wish to proceed with the establishment of the District-and the
sale of bonds, the Official Ballot should be voted by placing a cross (+) in the voting square after
the word "YES" opposite each proposition set forth in the ballot. Failure to vote for any of the
three propositions on the ballot will necessitate starting over with the formation proceedings.
Thereafter, the authorized officer should sign the certification which is attached as the last sheet
to the Official Ballot. As a matter of convenience, we have predated the certification as of
November 15, 2004, as that is the date that should be inserted therein.
Please do not make any changes or additions to the ballot.
After the authorized officer has voted the ballot and signed the attached
certification, the voted ballot should be enclosed in the official return envelope which is attached
to the ballot and enclosed with this letter. Note that the certification on the back of the envelope
must be completed as indicated and signed. The date that should be inserted in this certification
is November 15, 2004, the date of the election. Please return the voted ballot, enclosed in the
official return envelope, to Barbara Skinner, Best Best & Krieger, LLP, 3750 University Avenue,
Riverside, CA 92502-1028 prior to the November 15 meeting, or if you prefer, you may bring
the voted ballot, enclosed in the official return envelope, to the public hearing on November 15,
2004, so that they can be delivered to the City Clerk at the appropriate time. If you prefer to
bring the voted ballot to the meeting on November 15, please call Barbara Skinner at (951)
826-8253 and advise her of your intention.
Please telephone the undersigned at the number listed above if you have any
questions about how to vote and return the ballot.
Sincerely,
Pim . Byrens
of BEST BEST& KRIEGER LLP
KAB:BJS:bjs
cc: Joan Flynn
Leonie Mulvihill
RVPUB\131S\680442.1
CITY OF HUNTINGTON BEACH
Aj
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
September 14, 2004
Best Best&Krieger LLP
3750 University-Avenue
P. O. Box 1028
Riverside, CA 92502-1028
Attn: Barbara J. Skinner,Paralegal
Re: Community Facilities District No. 2004-1 (The Strand)
Dear Barbara:
Enclosed is a copy of the letter you requested we type on City letterhead stationery
wherein the City Clerk acts as the election official and consents to the scheduling and
conducting of the consolidated special elections on September 20, 2004.
If we can be of further assistance,please notify our office.
Sincerely,
Joan L. 1ynn
City Clerk
JF:pe
Enclosure
cc: Leonie Mulvihill
(Telephone:714-536-5227)
i, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK -
. ;JOAN L. FLYNN
CITY
. CLERK_'-
September 20,2004
Mayor and Members of the City Council
City of Huntington.Beach.,
-
Huntu><gtonBeach, CA ke 48 _
Re: City of Huntington Beach Community Facilities District No.
2004-1 ('The Strand)
Ladies and Gentlemen:
Pursuant to Section 53326 of the Government Code, I hereby agree to act
as the election official to conduct the consolidated special elections within and for City of
Huntington Beach Community Facilities District No.2004-1 ('The Strand), County of
Orange, State of California. Pursuant to said Section 53326, I consent to the scheduling
And conducting of said consolidated special:elections on September 20,2004.
ely,
Sincer
City Clerk
City of Huntington Beach
RVPUB\BJS\679363.1
V
WAIVER OF CERTAIN ELECTION PROCEDURES WITH
RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN
AND FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND) OF THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
TO: CITY COUNCIL
CITY OF HUNTINGTON BEACH
The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under
penalty of perjury,that the following statements are all true and correct:
PROPERTY OWNER CONSENT AND WAIVER
1. The undersigned is the owner or the duly authorized representative of the owner or owners (the
"Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated
herein by this reference ("Owner's Property"), and is legally authorized to give the consent and
waiver contained herein as such owner or on behalf of such owner.
2. Owner is aware of and understands the following:
A. The City intends to initiate proceedings pursuant to the "Mello-Roos Community
Facilities Act of 1982", as amended, (the "Act") to create Community Facilities District
No. 2004-1 (The Strand) (the "District") for the purpose of financing certain public
improvements and services as described in the Resolution of Intention of the City
Council of the City of Huntington Beach With Respect to Establishment of Proposed City
of Huntington Beach Community Facilities District No. 2004-1 (The Strand)".
B. The City has proposed the levy of. special taxes within the District pursuant to the
provisions of the Act and the rate and method of apportionment of special taxes to
finance the maintenance described above.
Owner's Property is located within the proposed boundaries of the District. If the
District is formed and the levy of special taxes is approved as described below, Owner's
Property will be subject to the levy of the special taxes for the District (the "Special
Taxes"). A copy of the proposed rate and method of apportionment for the special tax
(the "Rate and Method") is set forth in Exhibit "B" attached hereto.
C. Owner has had a reasonable opportunity to review and has reviewed the Rate and
Method.*
D. The Act requires, as a prerequisite to forming the District, that the City Council adopt a
resolution declaring the intention of the City Council to form the District (the "Resolution
of Intention"). The Act further requires that the City Council, in the Resolution of
RVPUB\MUM\678985.1 1
Intention, to fix the time and place for a public hearing on the establishment of the
District (the Public Hearing") which shall be not less than thirty (30) nor more than sixty
(60) days after the adoption of the Resolution of Intention. The Act further requires that
notice of such a public hearing be published at least seven (7) days prior to the date of
such public hearing.
E. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must
submit the question of whether or not to levy such special tax to the qualified electors of
the District at a special'election. The Act further provides that two-thirds (2/3's) of the
votes cast on the question of whether or not to levy the special tax must be in favor of the
levy of such special tax if the levy of such special tax is to be authorized.
The Act-provides that the qualified electors shall be the voters registered to vote within
the territory proposed to be included in the District if at least twelve (12) persons, who
need not necessarily be the same twelve (12) persons, have been registered to vote within
such territory for each of the ninety (90) days preceding the close of the Public Hearing
scheduled to occur on November 15, 2004. Otherwise, the Act provides that the vote
shall be by the landowners of territory proposed to be included within the boundaries of
the District which will be subject to the levy of the special tax, with each such landowner
who is the owner of record at the close of the Public Hearing, or the authorized
representative of such owner, having one vote for each acre or portion of an acre of land
that such landowner owns within the proposed boundaries of the District.
F. The provisions of the Act require that such special election be held at least ninety (90) but .
not more than one hundred eighty days (180) following the date of the adoption of the,
resolution submitting the proposal to consider the authorization to levy the special taxes
pursuant to the Rate and Method on the territory proposed to be included in the District
to the qualified electors thereof(the "Resolution of Submission"). Election Code Section
4000 provides that a special election to authorize the levy of'a special tax may be
conducted by mail if such an election is held on one of the following established mail
ballot election dates (the "Established Mailed Ballot Election Dates"): (a) the first
Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first
Monday in June of each even-numbered year or (c) the last Tuesday in August of each
year. The Act provides, however, that any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be waived
with the unanimous consent of the qualified electors and the concurrence of the official
conducting the election. As is stated below, it is proposed that such special election (the
"Special Election") shall be held on November 15, 2004, a date which will be less than
ninety (90) days from the date of the Public Hearing and not on a date specified in
Elections Code section 4000.
3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal
counsel regarding the matters contained in this document and the exhibits hereto.
RVPUB\MUM\678985.1 2
4. Owner certifies that there have been no persons residing within'the Owner's Property for each of
the ninety (90) days preceding the date of this Consent and Waiver.
5. Owner desires and requests that the special election be held on November 15, 2004 or such other
date as the Owner and the City Clerk of the City (the "City Clerk"), acting as the official
conducting the election, may mutually agree, a date which may be less than ninety (90) days
from the date of the adoption of the Resolution of Submission.
6. Owner expressly consents (b) the conduct of the public hearing on November 15, 2004, and (b)
to the conduct of the Special Election on November 15, 2004, or such other date upon which all
of the qualified electors and the City Clerk conducting the election may concur.
7. Owner expressly waives:
A. any right which Owner may have to have the Public Hearing conducted and notice of the
Public Hearing given within the time periods and in accordance with the manner
specified in Government Code Sections 53321 and 53322;
B. any right which Owner may have to conduct the Special Election within the time periods
specified in Government Code Section 53326;
C. any right which Owner may have to have the Special Election conducted on a date
specified in Elections Code Section 4000, as revised, effective January 1, 2004;
D. any protest, complaint or legal action of any nature whatsoever pertaining to the
shortening of all time periods pertaining to (a) the Public Hearing and notice thereof and
(b) the Special Election, including but not limited to, the time for holding the Special
Election and the necessity and requirement for any newspaper publication of the notice of
the Special Election;
E. any requirement for the mailing of the ballot;
F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an
impartial analysis as to the ballot proposition set forth in Exhibit "C."
RVPUB\MUM\678985.1 3
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints �<<'- l ► y L p i �1 or D '► ;be
alternatively, as its authorized repr entative to vote in the Special Election, and the owner certifies that .
the true d e act signature f each ternative representative is set forth below:
ire �► y �;�� ,�h
Signature (Type or Print Name of Representative)
Jo � .,
Signature (Type or Print Name of Representative)
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
RVPUB\MUM\678985.1 4
THIS CONSENT ANQ WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
was executed this I day of e r , 200 4 , in k vI /��� a del , California.
y (Signature)
I" ;C� D bj V , M11�{�jQf�
SQC1,Chb.r y
Type or Print Name of Signor
If the person executing this document is not the Owner for which this document is being submitted but is
signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below:
cM vol inrah LAC
(Type or print name of the Owner)
RVPUB\MUM\678985.1 5
EXHIBIT "A"
DESCRIPTION OF PROPERTY SUBJECT
TO CONSENT AND WAIVER
All of the property in the City of Huntington Beach, County of Orange, State of
California, that is identified by Orange County Assessor's Parcel Nos. 024-152-02; 024-152-03; 024-
152-04; 024-152-05; 024-152-11; 024-152-12; 024-152-13; 024-152-14; 024-153-01; 024-153-02; 024-
153-023; 024-153-10; and 024-153-16.
A - I
RV PUB\MUM\678985.1
allIBIT
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable; the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
s. not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds: costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an-
Assessor's Parcel Map with an assigned. Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined-in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
8/31/2004 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is $590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
8/3 1/2004 3
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposes-, or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel. map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps, the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the trustee who is a party to the Indenture., if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the-Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been' recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
8/31/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to'the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount-or application of the Special Tax is_not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
8/31/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
x Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
8/31/2004 6
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to be prepaid, compute .the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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. .
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8; less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
8/31/2004 7
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the,City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for-the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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 = (PH xF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH = the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel'who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which_the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
8/3 1/2004 8
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No:2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
8/31/2004 9
EXHIBIT "C"
SAMPLE BALLOT MEASURE
PROPOSITION A
Shall Community Facilities. District 2004-1 (The Strand) of the City of
Huntington Beach be authorized to levy special taxes, subject to the
accountability measures set forth in Resolution No. 2004-68, within the district
pursuant to the rate and method of apportionment of special taxes (the "Rate and
Method") set forth in such resolution for the purpose of financing the Special Tax
Requirement as defined in the Rate and Method?
PROPOSITION B
Shall the City of Huntington Beach Community Facilities District No. 2004-1
(The Strand) establish an Article XIIIB appropriations limit equal to $4,000,000?
f
RVPUB\MUM\678985.1
WAIVER OF CERTAIN ELECTION PROCEDURES WITH
RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN
AND FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND) OF THE ,CITY OF •HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
TO: CITY COUNCIL
CITY OF HUNTINGTON BEACH
The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under
penalty of perjury;that the following statements are all true and correct:
PROPERTY OWNER CONSENT AND WAIVER
1. The undersigned is the owner or the duly authorized representative of the owner or owners (the
"Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated
herein by this reference ("Owner's Property"), and is legally authorized to give the consent and
waiver contained herein as such owner or on behalf of such owner.
2. Owner is aware of and understands the following:
A. The City intends to initiate proceedings pursuant to the "Mello-Roos Community
Facilities Act of 1982", as amended, (the "Act") to create Community Facilities District
No. 2004-1 (The Strand) (the "District") for the purpose of financing certain public
improvements and services as described in the Resolution of Intention of the City
Council of the City of Huntington Beach With Respect to Establishment of Proposed City
of Huntington Beach Community Facilities District No. 2004-1 (The Strand)".
B. The. City has proposed the levy of special taxes within the District pursuant to the
provisions of the Act and the rate and method of apportionment of special taxes to
finance the maintenance described above.
Owner's Property is located within the proposed boundaries of the District. If the
District is formed and the levy of special taxes is approved as described below, Owner's
Property will be subject to the levy of the special.taxes for the District (the "Special
Taxes"). A copy of the proposed rate and method of apportionment for the special tax
(the "Rate and Method") is set forth in Exhibit "B" attached hereto.
C. Owner has had a reasonable opportunity to review and has reviewed the Rate and
Method.
D. The Act requires, as a prerequisite to forming the District, that the City Council adopt a
resolution declaring the intention of the City Council to form the District (the "Resolution
of Intention"). The Act further requires that the City Council, in the Resolution of
Intention, to fix the time and place for a public hearing on the establishment of the
RVPU13\MUM\675965.2 1
t. 1.
District (the Public Hearing") which shall be not less than thirty.(30) nor more than sixty
(60) days after the adoption of the Resolution of Intention. The Act further requires that
notice of such a public hearing be published at least seven (7) days prior to the date of
such public hearing.
E. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must
submit the question of whether or not to levy such special tax to the qualified electors of
the District at a special election. The Act further provides that two-thirds (2/3''s)_of the
votes cast on the question of whether or not to levy the special tax must be in favor of the
levy of such special tax if the levy of such special tax is to be authorized.
The Act provides that the qualified electors shall be the voters registered to vote within
the territory proposed to be included in the District if at least twelve (12) persons, who
need not necessarily be the same twelve (12) persons, have been registered to vote within
such territory for each of the ninety (90) days preceding the close of the Public Hearing
scheduled to occur on November 15, 2004; Otherwise, the Act provides that the vote
shall be by the landowners of territory proposed to be included within the boundaries of
the District which will be subject to the levy of the special tax, with each such landowner
who is .the owner of record at the close of the Public Hearing, or the authorized
representative of such owner, having one vote for each acre or portion of an acre of land
that such landowner owns within the proposed boundaries of the District.
F. The provisions of the Act require that such special election be held at least ninety(90)but
not more than one hundred eighty days (180) following the date of the adoption of the
resolution submitting the proposal to consider the authorization to levy the special taxes
pursuant to the Rate and Method on the territory proposed to be included in the District
to the qualified electors thereof(the "Resolution of Submission"). Election Code Section
4000 provides that a special election to authorize the levy of a special tax may be
conducted by mail if such an election is held on one of the following established mail
ballot election dates (the "Established Mailed Ballot Election Dates"): (a) the first
Tuesday after the first Monday in May of each year,-(b) the first Tuesday after the first
Monday in June of each even-numbered year or (c) the last Tuesday in August of each
year. The Act provides, however, that any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be waived
with the unanimous consent of the qualified electors and the concurrence of the official
conducting the election. As is stated below, it is proposed that such special election (the
"Special Election") shall be held on November 15, 2004, a date which will be less than
ninety (90) days from the date of the Public Hearing and not on a date specified in
Elections Code section 4000.
3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal
counsel regarding the matters contained in this document and the exhibits hereto.
4. Owner certifies that there have been no persons residing within the Owner's Property for each of
the ninety(90) days preceding the date of this Consent and Waiver.
RVPUB\MUM\675965.2 2
5. Owner desires and requests that the special election be held on November 15, 2004 or such other
date as the Owner and the City Clerk of the City (the "City Clerk"), acting as the official
conducting the election, may mutually agree, a date which may be less than ninety (90) days
from the date of the adoption of the Resolution of Submission. -
6. Owner expressly consents (b) the conduct of the public hearing on November 15, 2004, and (b)
to the conduct of the Special Election on November 15, 2004, or such other date upon which all
of the qualified electors and the City Clerk conducting the election may concur.
7. Owner expressly waives:
A. any right which Owner may have to have the Public Hearing conducted and notice of the
Public Hearing given within the time periods and in accordance with the manner
specified in Government Code Sections.53321 and 53322;
B. any right which Owner may have to conduct the Special Election within the time periods
specified in Government Code Section 53326;
C. any right which Owner may have to have the Special Election conducted on a date
specified in Elections Code Section 4000, as revised, effective January 1, 2004;
D. any protest, complaint or legal action of any nature whatsoever pertaining to the
shortening of all time periods pertaining to (a) the Public Hearing and notice thereof and
(b) the Special Election, including but not limited to, the time for holding the Special
Election and the necessity and requirement for any newspaper publication of the notice of
the Special Election;
E. any requirement for the mailing of the ballot;
F. any requirement for. the preparation of ballot arguments, rebuttal arguments and/or an
impartial analysis as to the ballot proposition set forth in Exhibit "C."
RVPUB\MUM\675965.2 3
„
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints or ,
alternatively, as its authorized representative to vote in the Special Election, and the owner certifies that
the true and exact signature of each alternative representative is set forth below:
Signature (Type or Print Name of Representative)
Signature (Type or Print Name of Representative)
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
RVPUB\MUM\675965.2 4
THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
was executed this SO day of OChbff , 200' , in AAAh.„h1n U4(A , C iforma.
ignature)
Type or Print Name of Signor
If the person executing this document is not the Owner for which this document is being submitted but is
signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below:
(Type_or print name of the Owner)
RVPUB\MUM\675965.1 5
EXHIBIT "A"
DESCRIPTION OF PROPERTY SUBJECT
TO CONSENTAND WAIVER
All of the property in the City of Huntington Beach, County of Orange, State of
California,that is identified by Orange County Assessor's Parcel No. 024-15240.
A- 1
RVPUB\MUM\675965.2
MIIBIT ''B''
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in.the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3..56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with comitiencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or,trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the .
recorded airspace condominium map for CFD No. 2004-1 with-an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking.purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the "City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange. .
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency.and CIM Group, LLC dated
March 5, 2001; that certain.Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests:
8/31/2004 2.
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is $590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year-for CFD No.
2004-1 necessary: (i) to pay the'annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve°Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture. "
8/31/2004 3
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposes;or.if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps, the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the trustee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator-shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual .debt service on all Outstanding
Bonds,
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
8/31/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy.the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special_tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-I, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
8/31/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds -means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
8/31/2004 6
.a
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year. .
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8; less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
8/31/2004 7
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of.the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove. such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be,levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. .Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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 = (PH xF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
J
8/3 1/2004 8
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
8/31/2004 9
EXHIBIT "C"
SAMPLE BALLOT MEASURE
PROPOSITION A
Shall Community Facilities District 2004-1 (The Strand) of the City of
Huntington Beach be authorized to levy special taxes, subject to the
accountability measures set forth in Resolution No. 2004-68, within the district
pursuant to the rate and method of apportionment of special taxes (the "Rate and
Method") set forth in such resolution for the purpose of financing the Special Tax
Requirement as defined in the Rate and Method?
PROPOSITION B
Shall the City of Huntington Beach Community Facilities District No. 2004-1
(The Strand) establish an Article XIIIB appropriations limit equal to $4,000,000?
RV PUB\MUM\675965.2
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WELLS LAWYERS SAN DIEGO
(760) 568-26 1 1 3750 UNIVERSITY AVENUE (6 1 9) 525-1 300
- POST OFFICE BOX 1 028 -
ONTARIO RIVERSIDE, CALIFORNIA 92502-1 028 ORANGE COUNTY
(909)989-8564 (909)686-1450 (949) 253-2600
(909)686-3083 FAX -
BBKLAW.COM SACRAMENTO
(916) 325-4000
Kim A. BYRENS �g
(909) 826-8273 R
Kim.BYRENS@4 B6KLAW.COM
FILE No. 60306.00002 ®�+T 1 �oo�
October 21, 2004 66��U
BEST BEST& P20
VIA OVERNIGHT COURIER
CIM/Huntington, LLC
6922 Hollywood Blvd., 9/F
Hollywood, CA 90028
Attention: Kelly Eppich, CFO
Re: City of Huntington Beach Community Facilities District No. 2004-1
(The Strand)
Dear Mr. Eppich :
Enclosed is a waiver for execution by an authorized officer of the
CIM/Huntington, LLC. This waiver waives the statutory time periods otherwise applicable to
landowner elections of the type proposed for the formation proceedings for Community Facilities
District No. 2004-1 (The Strand) of the City of Huntington Beach, and will permit the City
Council to schedule the election on November 15, 2004.
Please ask an authorized officer of the CIM/Huntington, LLC, to execute this
form as soon as possible and return it to me by October 29, 2004. We will subsequently forward
it to the City along with the agenda documents for the public hearing scheduled on Monday,
November 15, 2004, when the City Council will be adopting a resolution calling the election for
November 15, 2004.
RVPUB\BJS\682425.1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CIM Huntington, LLC
Attention: Kelly Eppich
October 21, 2004
Page 2
Please call if you have questions. Thanks for your assistance.
Sincerely,
lo� 6/7��
Kim A. Byrens
of BEST BEST &KRIEGER LLP
KAB:BJS:bjs
Enclosures
cc: Leoni Mulvihill
Gus Duran,
Joan Flynn
RVPUB\BJS\682425.1
MAYOR'S AGENDA FOR PUBLIC HEARINGS FOR
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
1. MAYOR OPENS PUBLIC HEARINGS.
2. MAYOR CALLS` ON CITY CLERK FOR PROOF OF PUBLICATION' AND
MAILING OF NOTICES OF HEARINGS.
3. MAYOR. CALLS FOR REPORT FROM PSOMAS WITH REGARD TO THE
ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, A
BRIEF DESCRIPTION OF THE PUBLIC FACILITIES WHICH WILL BE REQUIRED
TO ADEQUATELY MEET THE NEEDS OF THE COMMUNITY FACILITIES
DISTRICT AND ESTIMATES OF COSTS OF PROVIDING THOSE PUBLIC
FACILITIES.
4. MAYOR QPENS HEARINGS TO PROTESTS, COMMENTS AND QUESTIONS
FROM INTERESTED PERSONS, INCLUDING PERSONS OWNING PROPERTY
WITHIN THE PROPOSED COMMUNITY FACILITIES DISTRICT AND
TAXPAYERS, WITH RESPECT TO THE ESTABLISHMENT OF THE
COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD OF
DETERMINING AND APPORTIONING MAXIMUM AMOUNTS OF SPECIAL
TAXES, AND THE PROPOSED BONDED INDEBTEDNESS FOR THE DISTRICT.
5. MAYOR INQUIRES'OF THE CITY CLERK WHETHER ANY WRITTEN PROTESTS
HAVE BEEN RECEIVED.
6. IF WRITTEN PROTESTS HAVE BEEN RECEIVED, MAYOR CALLS ON CITY
CLERK AS TO WHETHER OR NOT THE WRITTEN PROTESTS CONSTITUTE A
MAJORITY PROTEST PURSUANT TO SECTION 53324 OF THE GOVERNMENT
CODE.
7. MAYOR INQUIRES OF CITY CLERK AS TO WHETHER THERE ARE ANY
PERSONS REGISTERED TO VOTE WITHIN THE COMMUNITY FACILITIES
DISTRICT, AND, IF SO, THE NUMBER THEREOF.
8. MAYOR INQUIRES OF CITY CLERK'IF WRITTEN CONSENTS TO HOLDING
THE COMMUNITY FACILITIES DISTRICT ELECTIONS ON SEPTEMBER 20,2004
HAVE BEEN RECEIVED FORM ALL LANDOWNERS WITHIN THE COMMUNITY
FACILITIES DISTRICT.
9. MAYOR INQUIRES OF CITY CLERK IF SHE CONCURS IN THE HOLDING OF
THE SPECIAL ELECTIONS FOR THE COMMUNITY FACILITIES DISTRICT ON
SEPTEMBER 20, 2004.
10. IF A MAJORITY PROTEST HAS NOT BEEN FILED (WRITTEN PROTESTS
AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT
FILED BY THE OWNERS OF ONE-HALF OR MORE OF THE AREA OF THE
LAND PROPOSED TO BE INCLUDED IN THE COMMUNITY FACILITIES
DISTRICT), THE CITY COUNCIL - PROCEED TO ESTABLISH THE
RVPUB\MUM\678639.1 I m( y
COMMUNITY FACILITIES DISTRICT BY ADOPTING THE FOLLOWING
RESOLUTIONS:
(a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND) OF. THE CITY OF HUNTINGTON BRACH, COUNTY OF
ORANGE, ` STATE OF CALIFORNIA; AND. ESTABLISHING THE
BOUNDARIES THEREOF.
(b) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH CALLING SPECIAL ELECTIONS AND SUBMITTING TO THE
VOTERS OF CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2004-1 (THE STRAND) PROPOSITIONS REGARDING
INCURRENCE OF BONDED INDEBTEDNESS, THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO
PAY PRINCIPAL AND INTEREST ON BONDS THEREOF, AND THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
11. MAYOR CLOSES HEARINGS.
12. MAYOR HOLDS ELECTION.
13. MAYOR INQUIRES IF CITY CLERK HAS RECEIVED ANY BALLOTS FOR THE
COMMUNITY FACILITIES DISTRICT ELECTION.
14. IF BALLOTS HAVE BEEN RECEIVED, MAYOR DIRECTS CITY CLERK TO OPEN
THE BALLOTS AND TABULATE RESULTS.
15. CITY CLERK ANNOUNCES TABULATION RESULTS TO CITY COUNCIL
STATING NUMBER OF VOTES IN FAVOR AND IN OPPOSITION FOR EACH OF
THE PROPOSITIONS.
16. IF AT LEAST TWO-THIRDS (2/3RDS) OF THE VOTES` RECEIVED ARE IN
FAVOR OF EACH OF THE PROPOSITIONS, THE CITY COUNCIL MAY ADOPT
THE FOLLOWING RESOLUTION:
RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE RESULTS OF'THE,
CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT 2004-1 (THE STRAND) COUNTY OF ORANGE,
STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH
RESPECT TO (i) INCURRING BONDED INDEBTEDNESS IN
AN ORIGINAL AMOUNT NOT TO EXCEEDS 15,000,000, (ii)
THE ANNUAL LEVY OF SPECIAL TAXES TO PAY
PRINCIPAL AND INTEREST ON BONDS, AND (iii) THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AN
AUTHORIZING THE RECORDATION OF THE NOTICE OF
SPECIAL TAX LIEN.
RVPUMMUM\678639.1. 2
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WEI IS LAWYERS SAN DIEGO
(760) 568-261 1 3750 UNIVERSITY AVENUE (619) 525-1300
POST OFFICE BOX 1028 -
ONTARIO RIVERSIDE, CALIFORNIA 92 502-1 02 8 ORANGE COUNTY
(909)989-8584 (909)686-1450 (949) 263-2600
(909)586-3083 FAX -
BBKLAW.COM SACRAMENTO
(916) 325-4000
S
MRUNAL MEHTA SHAH ems` C
(909) 826-8259 0
MRUNAL.SHAH@BBKLAW.COM
FILE No. 60305.00002 rT'
September 16, 2004
VIA OVERNIGHT MAIL W
s �
Joan Flynn
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: City of Huntington Beach Community Facilities District No. 2004-1
(The Strand)
Dear Joan:
Enclosed for your records are the originals of the following documents:
(1) A letter from the Registrar of Voters certifying that there are no registered voters
residing within the boundaries of City of Huntington Beach Community Facilities District No.
2004-1 (The Strand).
(2) A Statement of Engineer with respect to property ownership within City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand).
(3) The original signed waiver from CIM/Huntington, LLC. The waiver for
Cracchiolo S.W. & D. L. Trust A. & C. will be delivered to you on September 20, 2004.
Also enclosed is a Statement as to the canvass of ballots and the results of the
consolidated special elections. Please complete and sign this document and have it available at
the public hearing on September 20, 2004.
The following documents should also be available at the public hearing on September 20,
2004:
(1) A Declaration of Mailing of the Notice of Hearing.
(2) A copy of the boundary map with was recorded in the Office of the Recorder of
the County of Orange on August 23, 2004 as Instrument No. 2004-2004000762874.
RVPUB\MUW678603.1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Joan Flynn
September 16, 2004
Page 2
(3) Copies of an Affidavit of Publication of the Notices of Hearing.
All of these documents should be retained in the official records regarding the
proceedings for the formation of the community facilities district. Please provide us with copies
of the Cracchiolo waiver and proof of publication of the Notices of Hearing for our record of
these proceedings. We will also need copies of the Statement of the City Clerk re Canvass of
Ballots and voted Official Ballots for our file.
Sincerely,
Mrunal Mehta Shah
for BEST BEST& KRIEGER LLP
MMS:bjs
Enclosures
cc: Leonie Mulvihill
RVPUB\MUM\678603.1
STEVEN P. RODERMUND
Registrar of Voters
•
Mailing Address:
{ P.O. Box 11298
"- Santa Ana,California 92711
•
REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana,California 92705
(714)567-7600
TDD(714)567-7608
FAX(714)567-7556
www.oc.ca.gov/election
CERTIFICATE OF REGISTRAR OF VOTERS
State of California )
_ ) ss.
County of Orange )
I, STEVEN P. RODERMUND, Registrar of Voters of said County, hereby
certify that:
(A) I have been furnished a map describing the boundaries of proposed
Community Facilities District No. 2004-1 (The Strand) of the City of
Huntington Beach, County of Orange, State of California.
(B) On September 1, 2004, 1 conducted, or caused to be conducted, a
review of the voter registration records of the County of Orange for the
purpose of determining the number of voters registered within the
boundaries of proposed Community Facilities District No. 2004-1 (The
Strand).
(C) There are 0 registered voters residing within the boundaries of
proposed Community Facilities District No. 2004-1 (The Strand).
IN WITNESS WHEREOF, I have executed this Certificate on the 2nd day
of September 2004.
Steven P. Rodermund
Registrar of Voters
STATEMENT OF SPECIAL TAX CONSULTANT WITH RESPECT TO
PROPERTY OWNERSHIP WITHIN THE CITY OF HUNTINGTON
BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE
STRAND), COUNTY OF ORANGE, STATE OF CALIFORNIA
I, Michael D. Swan, employed by Psomas, the special tax consultant for the
proceedings for the establishment of City of Huntington Beach Community Facilities District
No. 2003-1 (The Strand), County of Orange, State of California (the "Community Facilities
District"), state as follows:
(1) I prepared the rate and method of apportionment of special tax and
supervised the preparation of the boundary map for the Community Facilities District. I am,
therefore, familiar with the extent of the property which is included within the proposed
Community Facilities District.
(2) 1 have reviewed the legal description attached to the (i) the Grant Deed
recorded in the Official Records of the County of Orange on June 25, 2004 as Document No.
2004-000580585 which shows that fee title to the property described therein is vested in
CIM/Huntington, LLC, a California limited liability company; and (ii) Property Information
obtained from the database of the records of First American Title Company, whose records are
obtained from the Office of the Orange County Assessor, which show that fee title to the
property described there is vested in Cracchiolo S.W. & D.L. Trust A & C. Said documents
describe all of the property located within the boundaries of the Community Facilities District.
(3) The approximate gross acreage of the property within the boundaries of
the Community Facilities District is 2.27 acres.
(4) The gross acreage of the property described in the legal descriptions
attached to the aforementioned documents, excluding dedicated street rights-of-way, and which
is owned by the owners named therein is as follows:
OWNER ACREAGE
CIM/Huntington, LLC 2.14
Cracchiolo S.W. & D. L. Trust A. & C. 0.13
TOTAL 2.27
DATED: September , 2004
Mi hael D. Swan
RV PUB\MRUNAL.SHAH\678635.1
WAIVER OF CERTAIN ELECTION PROCEDURES WITH
RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN
AND FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND) OF THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
TO: CITY COUNCIL
CITY OF HUNTINGTON BEACH
The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under
penalty of perjury,that the following statements are all true and correct:
PROPERTY OWNER CONSENT AND WAIVER
1. The undersigned is the owner or the duly authorized representative of the owner or owners (the
"Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated
herein by this reference ("Owner's Property"), and is legally authorized to give the consent and
waiver contained herein as such owner or on behalf of such owner.
2. Owner is aware of and understands the following:
A. The City intends to initiate proceedings pursuant to the "Mello-Roos Community
Facilities Act of 1982", as amended, (the "Act") to create Community Facilities District
No. 2004-1 (The Strand) (the "District") for the purpose of financing certain public
improvements and services as described in the Resolution of Intention of the City
Council of the City of Huntington Beach With Respect to Establishment of Proposed City
of Huntington Beach Community Facilities District No. 2004-1 (The Strand)".
B. The City has proposed the levy of special taxes within the District pursuant to the
provisions of the Act and the rate and method of apportionment of special taxes to
finance the maintenance described above.
Owner's Property is located within the proposed boundaries of the District. If the
District is formed and the levy of special taxes is approved as,described below, Owner's
Property will be subject to the levy of the special taxes for the District (the "Special
Taxes"). A copy of the proposed rate and method of apportionment for the special tax
(the "Rate and Method") is set forth in Exhibit "B" attached hereto.
C. Owner has had a reasonable opportunity to review and has reviewed the Rate and
Method.
D. The Act requires, as a prerequisite to forming the District, that the City Council adopt a
resolution declaring the intention of the City Council to form the District (the "Resolution
of Intention"). The Act further requires that the City Council, in the Resolution of
RVPUB\MUM\678985.1 1
Intention, to fix the time and place for a public hearing on the establishment of the
District (the Public Hearing") which shall be not less than thirty (30) nor more than sixty
(60) days after the adoption of the Resolution of Intention. The Act further requires that
notice of such a public hearing be published at least seven (7) days prior to the date of
such public hearing.
E. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must
submit the question of whether or not to levy such special tax to the qualified electors of
the District at a special election. The Act further provides that two-thirds (2/3's) of the
votes cast on the question of whether or not to levy the special tax must be in favor of the
levy of such special tax if the levy of such special tax is to be authorized.
The Act provides that the qualified electors shall be the voters registered to vote within
the territory proposed to be included in the District if at least twelve (12) persons, who
need not necessarily be the same twelve (12) persons, have been registered to vote within
such territory for each of the ninety (90) days preceding the close of the Public Hearing
scheduled to occur on September 20, 2004. Otherwise, the Act provides that the vote
shall be by the landowners of territory proposed to be included within the boundaries of
the District which will be subject to the levy of the special tax, with each such landowner
who is the owner of record at the close of the Public Hearing, or the authorized
representative of such owner, having one vote for each acre or portion of an acre of land
that such landowner owns within the proposed boundaries of the District.
F. The provisions of the Act require that such special election be held at least ninety(90)but
not more than one hundred eighty days (180) following the date of the adoption of the
resolution submitting the proposal to consider the authorization to levy the special taxes
pursuant to the Rate and Method on the territory proposed to be included in the District
to the qualified electors thereof(the "Resolution of Submission"). Election Code Section.
4000 provides that a special election to authorize the levy of a special tax may be
conducted by mail if such an election is held on one of the following established mail
ballot election dates (the "Established Mailed, Ballot Election Dates"): (a) the first
Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first
Monday in June of each even-numbered year or (c) the last Tuesday in August of each
year. The Act provides, however, that any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be waived
with the unanimous consent of the qualified electors and the concurrence of the official
conducting the election. As is stated below, it is proposed that such special election (the
"Special Election") shall be held on September 20, 2004, a date which will be less than
ninety (90) days from the date of the Public Hearing and not on a date specified in
Elections Code section 4000.
3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal
counsel regarding the matters contained in this document and the exhibits hereto.
RVPUB\MUM\678985.1 2
4. Owner certifies that there have been no persons residing within the Owner's Property for each of
the ninety(90) days preceding the date of this Consent and Waiver.
5. Owner desires and requests that the special election be held on September 20, 2004 or such other
date as the Owner and the City Clerk of the City (the "City Clerk"), acting as the official
conducting the election, may mutually agree, a date which may be less than ninety (90) days
from the date of the adoption of the Resolution of Submission.
6. Owner expressly consents (b) the conduct of the public hearing on September 20, 2004, and (b)
to the conduct of the Special Election on September 20, 2004, or such other date upon which all
of the qualified electors and the City Clerk conducting the election may concur.
7. Owner expressly waives:
A. any right which Owner may have to have the Public Hearing conducted and notice of the
Public Hearing given within the time periods and in accordance with the manner
specified-in Government Code Sections 53321 and 53322;
B. any right which Owner may have to conduct the Special Election within the time periods
specified in Government Code Section 53326;
C. any right which Owner may have to have the Special Election conducted on a date
specified in Elections Code Section 4000, as revised, effective January 1, 2004;
D. any protest, complaint or legal action of any nature whatsoever pertaining to the
shortening of all time periods pertaining to (a) the Public Hearing and notice thereof and
(b) the Special Election, including but not limited to, the time for holding the Special
Election and the necessity and requirement for any newspaper publication of the notice of
the Special Election;
E. any requirement for the mailing of the ballot;
F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an
impartial analysis as to the ballot proposition set forth in Exhibit "C."
RVPUB\MUM\678985.1 3
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints ���'► 6 V ^ or C
alternatively, as its authorized representative to vote in the Special Election, and the owner certifies that
the true and ct ' nature of each alternative representative is set forth below:
S' nat a (Type or Print Name of Representative)
Signature (Type or Print Name of Representative)
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
RVPUB\MUM\678985.1 4
I
THIS CONSENT AID WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
was executed this day of S e-p T1^^b er , 200 if , in LDS A l z(e1 , California.
(Signature)
� r
Type or Print Name of Signor
If the person executing this document is not the Owner for which this document is being submitted but is
signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below:
CI 14u�,r .��tvh� 1.L,(
(Type or print name of the Owner)
RVPUB\MUM\678985.1 5
EXHIBIT "A"
DESCRIPTION OF PROPERTY SUBJECT
TO CONSENT AND WAIVER
All of the property in the City of Huntington Beach, County of Orange, State of
California, that is identified by Orange County Assessor's Parcel Nos. 024-152-02; 024-152-03; 024-
152-04; 024-152-05; 024-152-11; 024-152-12; 024-152-13; 024-152-14; 024-153-01; 024-153-02; 024-
153-023; 024-153-10; and 024-153-16.
A - 1
RVPUB\MUM\678985.1
IXII3IT "B"
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2004-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the.Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the Director of Administrative Services or such other person or
entity designated by the Administrator or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting .as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
8/31/2004 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued;
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the'maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is $590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual'scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
8/31/2004 3
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposes, or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps, the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the trustee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square'
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel'to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
8/31/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
8/31/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section 14:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
8/31/2004 6
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the.
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8, less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
8/31/2004 7
• 1
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied. and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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= (PH xF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts .
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
8/31/2004 8
i
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
8/31/2004 9
EXHIBIT "C"
SAMPLE BALLOT MEASURE
PROPOSITION A
Shall Community Facilities District 2004-1 (The Strand) of the City of
Huntington Beach be authorized to levy special taxes, subject to the
accountability measures set forth in Resolution No. 2004-68, within the district
pursuant to the rate and method of apportionment of special taxes (the "Rate and
Method") set forth-in such resolution for the purpose of financing the Special Tax
Requirement as defined in the Rate and Method?
PROPOSITION B
Shall the City of Huntington Beach Community Facilities District No. 2004-1
(The Strand) establish an Article XIIIB appropriations limit equal to $4,000,000?
RVPUB\MUM\678985.1
STATEMENT FROM THE CITY CLERK OF THE . CITY OF
HUNTINGTON BEACH (ACTING AS ELECTION OFFICIAL) TO THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS TO THE
CANVASS OF BALLOTS VOTED IN AND THE RESULTS OF THE
CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF HUNTINGTON
BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE
STRAND)HELD ON SEPTEMBER 20,2004
I, Joan Flynn, City Clerk of the City of Huntington Beach, acting as the election
official pursuant to a resolution calling special elections for the Community Facilities District
(the "Election Resolution") adopted by the City Council (the "City Council") of the City of
Huntington Beach (the "City") on September 20, 2004, make the following statements regarding
the consolidated special elections held on September 20, 2004 on(i) the proposition with respect
to incurring a bonded indebtedness in an amount not to exceed $15,000,000 for financing public
facilities within and for City of Huntington Beach Community Facilities District No. 2004-1
(The Strand) of the City of Huntington Beach, County of Orange, State of California (the
"Community Facilities District"), (ii)the proposition with respect to the annual levy of special
taxes on taxable property within the Community Facilities District for payment of principal of
and interest on the bonds thereof, and (iii)the proposition with respect to the establishment of an
appropriations limit for the Community Facilities District, and hereby certify that:
(1) Signed written waivers entitled "Waiver of Certain Election Procedures
with Respect to Landowner Voter Elections Within and for City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California"
were received from CIM/ Huntington, LLC, and Cracchiolo.S.W. & D.L. Trust A.& C., the
owners of all of the land within the Community Facilities District. Said written waivers are on
file in my office.
(2) Said written waiver, among other matters, waived compliance with the
provisions of Section 53326 of the California Government Code to the effect that a special
election with respect to the levy of special taxes within the Community Facilities District must
be held at least 90 days, but not more than 180 days, following the adoption of the Resolution of
Formation establishing the Community Facilities District adopted by the City Council on
September 20, 2004, and consented to the holding of such consolidated special elections on
September 20, 2004.
(3) I also received a written certification from the Registrar of Voters of the
County of Orange dated September 2, 2004, that there were no registered voters residing within
the Community Facilities District. Accordingly, pursuant to Section 53326 of the California
Government Code, and as determined by the City Council in the resolution calling a special
election adopted by the City Council on February 3, 2003 (the "Election Resolution"), the vote in
.said.consolidated special elections was to be by the landowners of the Community Facilities
District, with each landowner having one vote for each acre, or portion thereof, of land that he or
she owns within the Community Facilities District.
(4) I also received a communication dated September 8, 2004 from Michael
D. Swan of Psomas, the special tax consultant that supervised the preparation of the map and
RVPUB\BJS\678607. 1 1
legal description of the boundaries of the Community Facilities District, certifying that there are
2.27 acres of land within the Community Facilities District.
(5) On September 2, 2004, I mailed via overnight delivery to a representative
of CIM/Huntington, LLC, Official Ballots in the form attached to the Election Resolution
together with a Ballot Pamphlet and Instructions to Voter containing Instructions to Landowner
Voter and a Sample Ballot. Copies of said Official Ballots for CIM/Huntington, LLC, and
Cracchiolo S.W. & D.L. Trust A.&C. and said Ballot Pamphlet and Instructions to Voter are on
file in my office. I also caused to be mailed to said representative on said date, together with
such other matters, official identification envelopes, with return postage affixed thereto, for
returning the voted Official Ballots.
(6) Pursuant to Section 53326 of the California Government Code, for
purposes of said consolidated special elections, each .owner of land within the Community
Facilities District was entitled to one vote for each acre or portion thereof of land within the
Community Facilities District which it owned.
(7) According to the aforementioned certificate received from Michael D.
.Swan, the acreage of land within the Community Facilities District, and the number of votes to
which the owner is entitled to is as follows:
ACREAGE VOTES
CIM/Huntington, LLC 2.14 3
Cracchiolo S.W. & D.L. Trust A.&C. 0.13 1
TOTAL 2.27 4
(8) The voted Official Ballots were returned to me by CIM/Huntington, LLC,
and Cracchiolo S.w. & D.L. Trust A. & C. sealed in the aforementioned identification envelopes,
prior to 7:00 p.m. on September 20, 2004. In excess of two-thirds of the Official Ballots which
were returned were voted with a cross marked in the box after the word "YES" following each
proposition set forth on the Official Ballot. Each returned Official Ballot had a signed statement
attached that the signer was entitled to vote such ballot on behalf of the landowner whose name
appeared thereon and that it was the intent of the landowner to vote all votes to which the
landowner was entitled in the manner marked on the ballot.
(9) 1 have canvassed the ballots returned in such consolidated special
elections, being the Official Ballots referenced above, and determined that the results of the .
elections with respect to each proposition set forth in said Official Ballot are as follows:
Proposition A: _YES votes _NO votes
Proposition B: —YES votes _NO votes
Proposition C: _YES votes _NO votes
RVPUB\B1S\678607. 1 2
(10) More than two-thirds of the votes cast in said consolidated special
elections are in favor of all such propositions.
DATED: September 20, 2004
Joan Flynn
City Clerk of the City of Huntington Beach
RVPUB\B1S\678607. 1 3
DECLARATION OF MAILING
NOTICES OF HEARING
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
OF
THE CITY OF HUNTINGTON BEACH
I, BARBARA J. SKINNER, acting on behalf of the City Clerk of the City of
Huntington Beach, County of Orange, State of California, hereby declare that on the 3rd day of
September, 2004, pursuant to the provisions of law applicable herein, I caused copies of the
attached Notices of Hearing on Resolution of Intention to Establish Proposed Community
Facilities District No. 2004-1 (The Strand) and Notice of Hearing on Resolution Declaring
Necessity to Incur Bonded Indebtedness for Proposed Community Facilities District No. 2004-1
(The Strand) to be placed in envelopes addressed to the owners of all of the real property within
Community Facilities District No. 2004-1 (The Strand), sealed such envelopes and deposited
them in the United States mail at Riverside, California, with postage thereon fully prepaid; and'
that there is a regular communication by mail between the place of mailing and the places so
addressed.
Copies of the Notices of Hearing and a list containing the names and addresses of
the property owners to whom the notices were mailed are attached hereto.
.I declare under penalty of perjury that the foregoing is true and correct.
Executed this 7th day of September, 2004, at Riverside, California.
Barbara J. Skinner.
Paralegal for Best Best& Krieger LLP
RVPUB\BJS\679311.1
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
OF
THE CITY OF HUNTINGTON BEACH
LIST OF PROPERTY OWNERS
CIM/Huntington, LLC
6922 Hollywood Blvd., 9/F
Hollywood, CA 90028
ATTN: Kelly Eppich, CFO
Cracchiolo S.W. & D.L. Trust A& C
19712 Quiet Bay Lane,
Huntington Beach, CA 92648-2616
ATTN: Salvator W. and Delores L. Cracchiolo
RVPUB\B]S\679311.1 2
NOTICE OF HEARING ON RESOLUTION OF INTENTION
TO ESTABLISH PROPOSED CITY OF HUNTINGTON
BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
NOTICE IS HEREBY GIVEN that on August 16, 2004, the City Council of the City of
Huntington Beach adopted Resolution No. 2004-68, the resolution of intention with respect to
the establishment .of proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of California, and that a public hearing on said
resolution of intention and with respect to the establishment of said community facilities district
will be held at 7:00 p.m. on September 20, 2004, in the City Council Chambers located at the
City Hall, 2000 Main Street, Huntington Beach, California.
Resolution No. 2004-68 provides in summary as follows:
1. The name proposed for the community facilities district is "City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of
California."
2. The boundaries of the proposed community facilities district are described and
shown on the map entitled "Boundaries of City of Huntington Beach Community Facilities
District No. 2004-1 (The Strand), County of Orange, State of California," which is on file with
the City Clerk.
3: The types of public facilities proposed to be provided for and financed by the
proposed community facilities district are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street lights and
parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Public parking facilities including a parking structure.
(e) Water distribution facilities, including fire hydrants and water storage
facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
RVPU13\MUW678684.I
(i) Acquisition of land, rights-of-way and easements necessary for any of the
facilities specified in paragraphs (a)through(h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the
creation of the proposed community facilities district, issuance of the
bonds thereof, the determination of the amount of and collection of taxes,
the payment of taxes;and costs otherwise incurred in order to carry out the
authorized purposes of the community facilities district, and (iii) any other
expenses incidental to the construction, acquisition, completion, and
inspection of such facilities.
4. Special taxes sufficient to pay for all such facilities, to pay the principal of and
interest on the bonds of the proposed community facilities district and the annual administrative
expenses of the City and the proposed community facilities district in determining, apportioning,
levying and collecting such special taxes, and in paying the principal of and interest on such
bonds, and the costs of registering, exchanging and transferring such bonds, secured by the
recordation of a continuing lien against all taxable or nonexempt property in the proposed
community facilities district, and maintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the United States in order to preserve the tax-exempt status of such
bonds shall be annually levied within the proposed community facilities district. The rates and
method of apportionment of said special taxes shall be as set forth in Exhibit"B" to Resolution
No. 2004-68. The maximum amounts of special taxes which may be annually levied on parcels
within the proposed community facilities district which are used for private residential purposes
are as follows:
MAXIMUM SPECIAL TAX
The Maximum Special Tax for the leasehold interests in Taxable Property in CFD No.
2004-1 shall be the greater of (1) $590,000 per Acre if a tract or parcel map for airspace
condominium.has not been recorded or (2) the amount determined pursuant to the following
steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Admiriistrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
- footage of the Retail Airspace Assessor's Parcel to determine the
RVPUB\MUM\678684.1 2
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable Property
at up to 100% of the Maximum Special Tax, as determined by the paragraph, above, as needed to
satisfy the Special Tax Requirement.
5. The officers of the City who will be responsible for providing the proposed types
of public facilities to be provided within and financed by the proposed community facilities
district, if it is established, shall study the proposed district, and, at or before the time of said
hearing, file a report or reports with the City Council containing a brief description of the public
facilities by type which will in their opinion be required to adequately meet the needs of the
proposed community facilities district and their estimate of the fair and reasonable cost of
providing those public facilities and the incidental expenses to be incurred in connection
therewith. Such reports shall be made a part of the record of the hearing.
6. Other property within the boundaries of the City may be annexed into the
proposed community facilities district upon the condition that parcels within that territory may
be annexed only with the unanimous;approval of the owner or owners of each parcel or parcels at.
the time that parcel or those parcels are annexed.
7. The consolidated special elections'on (i) the proposition of the proposed commu-
nity facilities district incurring a bonded indebtedness in an amount not to exceed $15,000,000
(ii) the proposition with respect to the levy of special taxes on the land within the community
facilities district to pay the principal of and interest on the bonds thereof, and (iii) the proposition
with respect to the establishment of an appropriations limit for the community facilities district in
the- amount of $4,000,000, if the community facilities district is established and such
consolidated special elections (the "consolidated special elections") are held, shall be conducted
as a mail ballot election.
If at least 12 persons have been registered to vote within the territory of the proposed
community facilities district for each of the 90 days preceding the close of the public or protest
hearing, the vote in the consolidated special elections shall be by the registered voters of the
community facilities district with each voter having one vote. In that event, the consolidated
special elections shall be conducted by the Registrar of Voters of the County of Orange and shall
be held on a date selected by the City Council and the ballots for the consolidated special
elections shall be distributed to the qualified electors of the community facilities district by mail
with return postage prepaid, and the consolidated special elections shall be conducted as a mail
ballot election.
If at the time of the close of the protest hearing less than 12 persons have been registered
to vote within the .territory of the community facilities district, the vote shall be by the
landowners of the community facilities district, with each landowner of record at the close of the
protest hearing having one vote for each acre or portion of an acre of land that he or she owns
RVPUB\MUM\678684.1 3
within the community facilities district. In that event, the consolidated special elections shall be
conducted by the City Clerk.
The ballots for the consolidated special elections shall be distributed to the qualified
electors by the City Clerk by mail with return postage prepaid, or by personal service. The City
Clerk shall mail to each qualified elector an official ballot, and shall also mail to all such
qualified electors other required election documents, including a return identification envelope
with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots.
Resolution No. 2004-68 contains other provisions which are not summarized above. A
copy of Resolution No. 2004-68 may be,reviewed or obtained at the office of the City Clerk of
the City of Huntington Beach, 2000 Main Street, Huntington Beach, California.
NOTICE IS FURTHER GIVEN that at the hearing the testimony of all interested persons
or taxpayers for or against the establishment of the community facilities district, the extent of the
district, or the furnishing of specified types of public facilities or services will be heard. If 50
percent or more of the registered voters, or six registered voters, whichever is more, residing
within the territory proposed to be included in the proposed community facilities district or the
owners of one-half or more of the area of the land in said territory and not exempt from the levy
of special taxes, file written protests against the establishment of the proposed community
facilities district, and protests are not withdrawn so as to reduce the value of the protest to less
than a majority, no further proceedings to create the community facilities district or to levy the
specified special taxes shall be taken for a period of one year from the date of the decision of the
City Council. If majority protests of the registered voters or of the landowners-are only against
the furnishing of a specified type or types of public facilities or services within the community
facilities district, or against levying a specified special tax, those types of facilities or services or
the specified special tax will be eliminated from the resolution of formation establishing the
community facilities district.
DATED: September 1, 2004.
/s/
Joan Flynn,
City Clerk of the City of Huntington Beach
RVAUB\MUW678684.1 4
NOTICE OF HEARING ON RESOLUTION DECLARING NECESSITY TO INCUR
BONDED INDEBTEDNESS FOR PROPOSED CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
NOTICE IS HEREBY GIVEN that at 7:00 p.m. on September 20, 2004, the City
Council of the City of Huntington Beach will conduct a hearing on Resolution
No. 2004-69, adopted by said City Council on August 16, 2004, in the City Council
Chambers, located at 2000 Main Street, Huntington Beach; California. Said resolution
determines that it is necessary for proposed City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County of Riverside, State of California, to
incur a bonded indebtedness in the aggregate principal amount of$15,000,000.
Resolution No. 2004-69 provides in summary as follows:
1. The City Council declares that it:is necessary that bonded indebtedness be .
incurred by and for proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of California, in an aggregate principal
amount not to exceed $15,000,000 for the purpose of financing the design, acquisition,
construction, equipping and furnishing of the public facilities described in Resolution No.
2004-68.
2. The amount of the proposed bonded indebtedness shall include all costs
and estimated costs incidental to, or connected with, the accomplishment of the purposes
for which the proposed bonded-indebtedness is to be incurred, including, but not limited
to, the estimated costs of construction and acquisition of the public facilities which are
proposed to be provided within and for the proposed community facilities district.
3. All non-exempt parcels of taxable property within the proposed
community facilities district shall be subject to the levy of special taxes to pay the
principal of and interest on the aggregate principal amount of the bonds of the community
facilities district which may be issued and sold to finance public facilities which are of
benefit to parcels of property within the community facilities district.
4. A public hearing on the proposed bonded indebtedness for said proposed
community facilities district shall be held at 7:00 p.m. on September 20, 2004, in the City
Council Chambers located at 2000 Main Street, Huntington Beach, California. Said
hearing shall be conducted concurrently with the hearing on the establishment of the
proposed community facilities district.
RVPUB\BJS\678845.1
NOTICE IS FURTHER GIVEN that at the time and place of said hearing all
interested persons, including all persons owning property in the proposed community
facilities district, for or against the proposed bonded indebtedness,will be heard.
DATED: September 1, 2004.
/ s/
Joan Flynn
City Clerk of the City of Huntington Beach
RVPUB\BJS\678845.1 2
CON FORM ED COPY
Not CorgerYA of Odgind 1 1
PROPOSED BOUNDARIES OF PTED NO
ATTTHEE FILED
CITY OF HUNTINGTON BEACH 'fmNnK oNB
STO T CITY
OFNUE BEAClL
COMMUNITY FACILITIES DISTRICT DATE �
No. 2004-1 ' PAGE
(THE STRAND) °EHB Dgy
AILiNTH"��AL 3 FA
COUNTY OF ORANGE A'88E�S.wEN�At+O UNffYF M1T1E�S
STATE OF CAUFORNIA RECORDER
OF THE COUNTY F0RANOc—
STATE OF uILaoWDA.
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couNTraEWvaEooRDER
DEPUTY
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CFD BOUNDARY
BASq OF BL'JUIRID:
BE O.C.S.HD BNOWN HEREON ARE BASED ON THE BEARS BETWEEN
.&3.Rt BEING CONTROL STATION TP501EANODS ON
GPS IN THE OFFICE
NORMETRANG WESTPEARECORDS ON
FILE 0!ME OFFICE OF llff ORANGE COI/NTYSWiVEYOR
LOCATION MAP m
FILED IN ME OFFICE OF THE CT'CLEW( d4,�
OF 1 E CDY of Hue IGTON a THIS
A41 OAY OF 2004.
LFL OF THE IKIT T08GIE
C OF HUHfING1ON �+
I HEREBY CERTIFY THAT THE WITHIN YAP
SHOWINO THE BOUNDARIES OF THE CITY S
OF FACILIMOL DIET BEACH COMNUNRY A
STRAND)
COUNTY TNO.ANGE.(THE -
STRAND)COUNTYOF ROVEDE STATE OF
CAUFORWA,WAS APPROVED BY THE CRY °
COUNCIL OF THE CITY OF HUNTWGTON
BEACH AT A REGULAR IIEETMG THEREOF
HELD ONTHEf&A DAYOF MW
7004 BY ITS RESOLUTION
NO.7001.66 PROJECT
0' 60' 120' 240' SITE
cry HUNTWGTONmB N cT� GRAPHIC SCALE
SHEET 1 OF 1
PROOF OF PUBLICATION
NOTKEOFHEARING,ON facilities-
STATE OF CALIFORNIA) RESoumoNDECMG may be issued and sold
NECESSITY TO INCUR BOND to finance public facdi
ties which are of benefit
) ss. ED INDEBTEDNESS FOR to parcels,of.pro
COUNTY OF ORANGE ) PROPOSED CITY OFHUN- within the..,c unity
ommperty
facilities_distri i.. '";
TINGTDN BEACH Comm- 4. A public"hearing on
NTTYFA(B�TIESDISTRICT the ,proposed: bdnded
indebtedness_.forsaid
am a Citizen of the United States and a NO.NOTICE T EHEREB(M proposed cominonity
- NOTICE IS . HEREBY� facilities district.shall be
GIVEN that at 7:00 p.m. held at JAO;p.m on
resident of the County aforesaid; I am on September 20, 2064,i September 20,-2004:.in
the City Council of the'' the,City Council-Cham
over the age of eighteen years, and not a City of Huntington Beach bers located at ,2000
will conduct a -hearing Main Street,-Huntington
party to or interested in the below entitled on Resolution No. 2004-; Beach, California..:Said
69, adopted by said City hearing shall_-beycon=
matter. I am a rinci al clerk of the Council on August 16,' ducted concurrently'with
P P 2004,in the City Council the hearing'`o`n ..the
HUNTINGTON BEACH INDEPENDENT Chambers, located at; establishment munie
r 2000 Main Street, Hun proposed .community
tington Beach, Califor 1:facilities district.:,-,
a newspaper of general circulation, nia. Said resolutiop 1' I NOTICE IS,"FURTHER
printed and published in the City of determines ,that, it—is GIVEN place
of said a acing
necessary. for proposed. and place of said hearing
City of Huntington,Beach 1 .all .interested;persons,
Huntington Beach, County of Orange, Community`Facilities!lincluding all .epersons
District No.2004-1 (The owning property-in the _-
State of California and that attached Strand), County of, proposed community
Orange, State',of Calm facilities district:for or
Notice is a true and complete copy as fornia,to incur a bonded'; against the 'proposed
indebtedness—in in _the; ,bonded indebtedness;"
# aggregate principal will be heard.`
was printed . and published In the. amountof$15,000,000 DATED:August30 2004:
Huntington Beach issue of said 'Resolution"o..., -69„' C51U n Flynn
provides in summary as City.Clerk'iftheGtyof
follows: •I Huntington Beaccfht
newspaper to wit the Issue(s) of. 1. The City Council; Published Huntington
declares that it isi Beach.,lndep-endent
necessary. that bonded. September,9;2004' ,' (1
indebtedness be incurred'. `092-971
by and for proposed City II —
of Huntington Beach I
Community Facilities,lill
District No.2004.1'(The!
Strand); County of
Orange, State of.Cali
September 9, 2004 fornia, in an aggregate.
principal amount.not,-to.
exceed`$15;000900�`for
'
the purpose of financing.
the design, acquisition,
construction, .equipping 1
and. furnishing ;of the
public facilities de-
scribed in Resolution No.
2004-68.
The amount of the
proposed bonded in-i
the foregoing is true and correct. debtedness shall include
all costs and estimated.
costs incidental to,.or
connected with, the
accomExecuted on September 9 2004 purposes
for w of the.
r purposes for which,the
proposed bonded in-
at Costa Mesa, California. dcurred, i tidinto g, ' be
incurred, including, but
not limited to, the
estimated costs of.
construction and acqui-
sition- of -the public
facilities`;which are
Signature proposed to provided
within and.. for the
proposed community
facilities district.
3. Al[ non-exempt
parcels-, of taxable
property within the
proposed community
facilities district.shall be t
subject to the levy of \\
special taxes to pay the /
principal of and interest
on the aggregate prin-
cipal amount of the
bonds of the community
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
September 20, 2004
Mayor and Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648.
Re: City of Huntington Beach Community Facilities District No.
2004-1 (The Strand)
Ladies and Gentlemen:
Pursuant to Section 53326 of the Government Code, I hereby agree to act
as the election official to conduct the consolidated special elections within and for City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of
Orange, State of California. Pursuant to said Section 53326, 1 consent to the scheduling
and conducting of said consolidated special elections on September 20, 2004.
Sincerely,
oil-
City Clerk
City of Huntington Beach
RVPUB\BJS\679563.I
(Telephone:714-536-5227)
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WELLS LAWYERS SAN DIEGO
(760) 568-261 1 3750 UNIVERSITY AVENUE r (619) 525-1300
POST OFFICE BOX 1028
ONTARIO RIVERSIDE. CALIFORNIA 92502-1028 ORANGE COUNTY
(909)989-8584 (909)686-1 450 (949) 263-2600
(909)686-3083 FAX —
BBKLAW.COM SACRAMENTO
(915) 325-4000
Kim A BYRENS
(95 1) 826-8253
Kim BYRENS@BBKLAW.COM
FILE No. 60306.00002
September 13, 2004
VIA OVERNIGHT COURIER
Cracchiolo S.W. & D.L. Trust A. & C.
19712 Quiet Bay Lane
Huntington Beach,CA 92648-2616
Attention: Salvator W. and Delores L. Cracchiolo
Re: City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand)
Dear Mr. Eppich:
This firm is acting as bond counsel to the City of Huntington Beach in connection
with the proceedings for the establishment of the above-referenced Community Facilities District
(the "District"). At its meeting on September 20, 2004, commencing at 7:00 p.m., the City
Council will conduct consolidated public hearings regarding the formation of the District and the
authorization of bonded indebtedness for the*District. Immediately following that hearing, the
Council will adopt a resolution calling and scheduling consolidated special elections on
September 20, 2004, regarding the District incurring bonded indebtedness, the levy of special
taxes on taxable property in the District to pay debt service on bonds, and the establishment of an
appropriations limit for the District. That resolution will instruct the City Clerk to deliver an
official ballot and other election documents to the landowner-voters in the District. This would
necessitate the City Clerk delivering the ballots and other election materials to the
landowner-voters at that time and the landowner voters voting and returning their ballots
immediately thereafter. It is intended that the election will be completed and that the City
Council will adopt a resolution declaring the results of the election at the September 20 meeting.
In order to facilitate the election process and as a matter of convenience, we are
enclosing herewith the Official Ballot for the Cracchiolo S.W. & D.L. Trust A. & C., together
with the following election documents: (a) Ballot Pamphlet and Instructions to Voter, (b) a
Sample Ballot (which is identical to the Official Ballot), (c) an official return envelope for
returning the voted ballot to the City Clerk and (d) a copy of the Resolution of Formation to be
adopted by the City Council on September 20, 2004. Attached to this resolution as Exhibit "A"
is a copy of the Rate and Method of Apportionment of Special Taxes for the District. We are
mailing this ballot and documents so that you can complete the voting of the ballot and so that
you can return it to our office, and we can be prepared to deliver the voted Official Ballot to the
City Clerk at the appropriate time during the September 20 meeting. However, if you would
RVPUB\131S\679556.1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Cracchiolo S.W. & D.L. Trust A. & C.
Attention: Salvator W. and Delores L. Cracchiolo
September 13, 2004
Page 2
prefer to vote the ballot at the meeting, and you will so advise the undersigned, we will make
arrangements to have the ballot and other election documents delivered to you by the City Clerk
at the appropriate time during the meeting.
Please read the following instructions regarding the voting of the Official
Ballot carefully, so that we will not have any mistakes which might necessitate holding the
election again.
Assuming that you wish to proceed with the establishment of the District and the
sale of bonds, the Official Ballot should be voted by placing a cross (+) in the voting square after
the word "YES" opposite each proposition set forth in the ballot. Failure to vote for any of the
three propositions on the ballot will necessitate starting over with the formation proceedings.
Thereafter, you should sign the certification which is attached as the last sheet to the Official
Ballot. As a matter of convenience, we have predated the certification as of September.20, 2004,
as that is the date that should be inserted therein.
Please do not make any changes or additions to the ballot.
After you have voted the ballot and signed the attached certification, the voted
ballot should be enclosed in the official return envelope which is attached to the ballot and
enclosed with this letter. Note. that the certification on the back of the envelope must be
completed as indicated and signed. The date that should be inserted in this certification is
September 20, 2004, the date of the election. Please return the voted ballot, enclosed in the
official return envelope, to Barbara Skinner, Best Best& Krieger, LLP, 3750 University Avenue,
Riverside, CA 92502-1028. prior to the September 20 meeting, or if you prefer, you may bring
the voted ballot, enclosed in the official return envelope, to the public hearing on September 20,
2004, so that they can be delivered to the City Clerk at the appropriate time. If you prefer to
bring the voted ballot to the meeting on September 20, please call Barbara Skinner at (951)
826-8253 and advise her of your intention.
Please telephone the undersigned at the number listed above if you have any
questions about how to vote and return the ballot.
Sincerely,
Kim A. Byrens
of BEST BEST & KRIEGER LLP
KAB:BJS:bjs
cc: Joan Flynn
Leonie Mulvihill
RVPUB\BJS\679556.1
� tip■ '
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE, STATE OF CALIFORNIA
Consolidated Special Elections with Respect to
(i) Incurring a Bonded Indebtedness,
(ii) Annual Levy of Special Taxes to Pay
Principal and Interest on Bonds, and
(iii) Establishment of an Appropriations Limit
September 20, 2004
Ballot Pamphlet
and
Instructions to Voter
RVPUB\BJS\678700.1
Dear Voter:
The City Council of the City of Huntington Beach has called a special
election for City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand). This is an all-mailed ballot landowner election. The ballots are being mailed or
delivered to the persons or entities listed on the County Assessor's latest equalized
assessment roll, as updated based on more current information available to the City of
Huntington Beach regarding ownership.
YOU WILL RECEIVE ONE BALLOT FOR EACH GROUP OF
PARCELS SHOWN ON THE ASSESSOR'S ROLL UNDER AN IDENTICAL NAME
AND ADDRESS. The ballots will be distributed based on the names and addresses
designated on the assessment roll or obtained from such other information. Any parcels
with a common name and address were combined for voting purposes. Each qualified
voter has been issued one ballot which entitles that voter to vote his or her total acreage
of land. Each ballot is allotted a specified number of votes depending on acreage. Each
acre of portion thereof is worth one vote.
Please note that your ballot must be received by the City Clerk of the City
of Huntington Beach not later than 7:00 p.m. on September 20, 2004. A POSTMARK
DATE IS NOT ACCEPTABLE. You must use the enclosed envelope for returning your
ballot by mail, or your ballot may be delivered in the envelope, to the office of the City
Clerk of the City of Huntington Beach located at 2000 Main Street, Huntington Beach,
California 92648.
Contained in this Ballot Pamphlet and Instructions to Voter are
Instructions to Landowner Voter, a Sample Ballot, and a copy of the Resolution of
Formation adopted by the City Council of the City of Huntington Beach on September
20, 2004.
If you have any questions, please contact us at(714) 536-5224.
Very truly yours,
CITY CLERK
CITY OF HUNTINGTON BEACH
By: /s/
Joan Flynn
RVPUB\BJS\678700.1
s
INSTRUCTIONS TO LANDOWNER VOTER
HOW TO VOTE YOUR BALLOT
Vote your official ballot by placing a cross (+) in the voting square
opposite your choice with a pen or pencil, and by completing, dating and signing the
certificate attached thereto.
SPOILING YOUR BALLOT
If you tear your ballot or make an error in voting you may secure another
by surrendering the ballot you spoiled, in person or by mail at the address below, or by
executing an affidavit to the effect that you lost your ballot, and you will be given another
ballot.
RETURNING YOUR BALLOT
Enclose your ballot in the Identification Envelope provided. Supply ALL
information requested on the Identification Envelope. YOUR VOTE WILL BE
DISQUALIFIED IF YOU DO NOT FILL IN ALL THE INFORMATION.
LAST DAY TO RETURN TO THE CITY CLERK
Your ballot must be returned to the office of the City Clerk of the City of
Huntington Beach not later than 7:00 p.m. on September 20, 2004, for it to be counted.
YOUR BALLOT CANNOT BE ACCEPTED BEYOND THIS DEADLINE.
Your ballot must be mailed in the envelope provided for this purpose, or it
may be delivered in the envelope to the office of the City Clerk of the City of Huntington
Beach located at 2000 Main Street, Huntington Beach, California 92648.
RVPU13\BJS\678700.1
SAMPLE BALLOT - DO NOT VOTE
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
September 20,2004
To vote, mark a cross (+) in the voting square after the word "YES" or after the
word"NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City
of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), for a
maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of
providing; (1) The types of public facilities listed in
the Resolution of Formation of the District adopted
September 20, 2004, and (2) The incidental expenses
which will be incurred are all costs associated with the YES
creation of the Community Facilities District, issuance
of the bonds thereof, the determination of the amount NO
of and collection of taxes, and the payment of taxes,
and costs otherwise incurred in order to carry out the [Proposition A)
authorized purposes of the Community Facilities
District?
RVPUB\BJS\678700.1
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City_of
Huntington Beach Community. Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), to
pay the principal of and interest on the bonds of the
Community Facilities District issued and sold to
finance and refinance those purposes specified in
Proposition A of this ballot, to establish and
replenish the reserve fund for the bonds, or to
accumulate funds for future bond' payments,
including any amount required by federal`law to be
rebated to the United States with regard to the bonds,
and to pay expenses incidental thereto and to the levy
and collection of the special taxes, so long as the
special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes,
together with the payment of, and the provisions of
repair and replacement reserves for, maintenance of YES
any of the publicly owned facilities financed with the NO
proceeds of such bonds, at the special tax rates and
pursuant to the method of apportioning,the special
taxes set forth in Exhibit "A" to the Resolution of [Proposition B]
Formation adopted by the City Council of the City of
Huntington Beach on September 20, 2004?
.PROPOSITION C: Shall an appropriations
limit, as defined by subdivision (h) of Section 8 of YES
Article XIII B of the California Constitution, be
established for City of Huntington Beach Community NO
Facilities District No. 2004-1 (The Strand), County of
Orange, State of California, in the amount of [Proposition C]
$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
RVPUB\BJS\678700.1
bFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
SEPTEMBER 20,2004
To vote, mark a cross (+) in the voting square after the word "YES" or after the
word"NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City
of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), for a
maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of
providing: (1) the types of public facilities listed in
the Resolution of Formation of the District adopted
'September 20, 2004, and (2) the incidental expenses
which will be incurred are all costs associated with the YES
creation of the Community Facilities District, issuance
of the bonds thereof, the determination of the amount NO
of and collection of taxes, and the payment of taxes,
and costs otherwise incurred in order to carry out the [Proposition A]
authorized purposes of the Community Facilities
District?
R V PUB\N4RUNAL.SHAM67603 7.1
CINUHuntington, LLC
2.14 acres—3 votes
Page 1 of 3
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City of
Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), to
pay the principal of and interest on the bonds of the
Community Facilities District issued and sold to
finance and refinance those purposes specified in
Proposition A of this ballot, to establish and
replenish the reserve fund for the bonds, or to
accumulate funds for future bond payments,
including any amount required by federal law to be
rebated to the United States with regard to the bonds,
and to pay expenses incidental thereto and to the levy
and collection of the special taxes, so long as the
special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes,
together with the payment of, and the provisions of
repair and replacement reserves for, maintenance of YES
any of the publicly owned facilities financed with the NO
proceeds of such bonds, at the special tax rates and
pursuant to the method of apportioning the special
taxes set forth in Exhibit "A" to the Resolution of [Proposition B]
Formation adopted by the City Council of the City of
Huntington Beach on September 20, 2004?
PROPOSITION C: Shall an appropriations YES
limit, as defined by subdivision (h) of Section 8 of
Article XIII B 'of the California Constitution, be NO
established for City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County [Proposition C]
of Orange, State of California, in the amount of
$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
RMBNRUNAL.SHM-1\67603 7.1
CIM/Huntington, LLC
2.14 acres—3 votes
Page 2 of 3
CERTIFICATION
I, certify that I am the authorized representative of
CIM/Huntington, LLC, an owner of property included within the boundaries of City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange,
State of California (the "Owner"), and that I am authorized to vote the Official Ballot to which
this certification is attached. I further certify that in voting said ballot it was my intent, as well as
the intent of the Owner, to vote all votes to which the Owner is entitled on Propositions A, B and
C set forth in said ballot as marked in the voting square opposite each proposition. I further
certify that the Owner owns 2.14 acres of land within said community facilities district, and that
in voting said ballot I intended to vote each vote to which such acreage would entitle the Owner
in the manner marked on said ballot.
I certify that this certification was executed on September 20, 2004, at
Hollywood, California.
CIM HUNTINGTON, LLC, a California
limited liability company
By:
Title:
RV PU B\M RUNAL.S HA1-I\67603 7.1
Page 3 of 3
IL
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WELLS LAWYERS SAN DIEGO
'(760) 568-251 1 3750 UNIVERSITY AVENUE (6 19)525-1300
POST OFFICE BOX 1 028 —
ONTARIO RIVERSIDE, CALIFORNIA 92502-1028 ORANGE COUNTY
(909)989-8584 + - (909)686-1450 (949) 263-2600
(909)686-3083 FAX
BBKLAW.COM SACRAMENTO
(916)325-4000
KIM A. .BYRENS
(909) 825-8273
Kim.BYRENS@BBKLAW.COM
FILE No. 60306.00002
September 13, 2004
VIA OVERNIGHT COURIER
CIM/Huntington, LLC
6922 Hollywood Blvd., 9/17
Hollywood, CA 90028
Attention: Kelly Eppich, CFO
Re: City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand)
Dear Mr. Eppich:
This firm is acting as bond counsel to the City of Huntington Beach in connection
with the proceedings for the establishment of the above-referenced Community Facilities District
(the "District"). At its meeting on September 20, 2004, commencing at 7:00 p.m., the City
Council will conduct consolidated public hearings regarding the formation of the District and the
authorization of bonded indebtedness for the District. Immediately following that hearing, the
Council will adopt a resolution calling and scheduling consolidated special elections on
September 20, 2004, regarding the District incurring bonded indebtedness, the levy of special
taxes on taxable property in the District to pay debt service on bonds, and the establishment of an
appropriations limit for the.District. That resolution will instruct the City Clerk to deliver an
official ballot and other election documents to the landowner-voters in the District. This would
necessitate the City Clerk delivering the ballots and other election materials to the
landowner-voters at that time and the landowner voters voting and returning their ballots
immediately thereafter. It is intended that the election will be completed and that the City
Council will adopt a resolution declaring the results of the election at the September 20 meeting.
In order to facilitate the election process and as a matter of convenience, we are
enclosing herewith the Official Ballot for CIM/Huntington, LLC, together with the following
election documents: (a) Ballot Pamphlet and Instructions to Voter, (b) a Sample Ballot (which is
identical to the Official Ballot), (c) an official return envelope for returning the voted ballot to
the City Clerk and (d) a copy of the Resolution of Formation to be adopted by the City Council
on September 20, 2004. Attached to this resolution as Exhibit "A" is a copy of the Rate and
RVPUB\B1S\679553.1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CIM/Huntington, LLC
Attention: Kelly Eppich, CFO
September 13, 2004
Page 2
Method of Apportionment of Special Taxes for the District. We are mailing this ballot and
documents so that you can have the authorized representative of CIM/Huntington, LLC,
complete the voting of the ballot and so that you can return it to our office, and we can be
prepared to deliver the voted Official Ballot to the City Clerk at the appropriate time during the
September 20 meeting. However, if you or your authorized representative would prefer to vote
the ballot at the meeting, and you will so advise the undersigned, we will make arrangements to
have the ballot and other election documents delivered to you by the City Clerk at the
appropriate time during the meeting.
Please read the following instructions regarding the voting of the Official
Ballot carefully, so that we will not have any mistakes which might necessitate holding the
election again.
Assuming that you wish to proceed with the establishment of the District and the
sale of bonds, the Official Ballot should be voted by placing a cross (+) in the voting square after
the word "YES" opposite each proposition set forth in the ballot. Failure to vote for any of the
three propositions. on the ballot will necessitate starting over with the formation proceedings.
Thereafter, the authorized officer should sign the certification which is attached as the last sheet
to the Official Ballot. As a matter of convenience, we have predated the certification as of
September 20, 2004, as that is the date that should be inserted therein.
Please do not make any changes or additions to the ballot.
After the authorized officer has voted the ballot and signed the attached
certification, the voted ballot should be enclosed in the official return envelope which is attached
to the ballot and enclosed with this letter. Note that the certification on the back of the envelope
must be completed as indicated and signed. The date that should be inserted in this certification
is September 20, 2004, the date of the election. Please return the voted ballot, enclosed in the
official return envelope, to Barbara Skinner, Best Best & Krieger, LLP, 3750 University Avenue,
Riverside, CA 92502-1028 prior to the September 20 meeting, or if you prefer, you may bring
the voted ballot, enclosed in the official return envelope, to the public hearing on September 20,
2004, so that they can be delivered to the City Clerk at the appropriate time. If you prefer to
bring the voted ballot to the meeting on September 20, please call Barbara Skinner at (951)
826-8253 and advise her of your intention.
Please telephone the undersigned at the number listed above if you have any.
questions about how to vote and return the ballot.
Pursuant to your request, we are also enclosing the election documents for
Cracchiolo S.W. & D.L. Trust A. & C. It is our understanding that you will deliver these
RVPUB\B!S\679553.
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CIM/Huntington, LLC
Attention: Kelly Eppich, CFO
September 13, 2004-
Page 3
documents to Salvator and Delores Cracchiolo. and take the responsibility to insure that their
voted Official Ballot will be delivered to the City Clerk on or before September 20, 2004.
Sincerely,
Kim A. Byrens
of BEST BEST & KRIEGER LLP
KAB:BJS:bjs
cc: Joan Flynn
Leonie Mulvihill
}
RVPUB\BJS\679553.1
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE, STATE OF CALIFORNIA
Consolidated Special Elections with Respect to
(i) Incurring a Bonded Indebtedness,
(ii) Annual Levy of Special Taxes to Pay
Principal and Interest on Bonds, and
(iii) Establishment of an Appropriations Limit
September 20, 2004
Ballot Pamphlet
and
Instructions to Voter
RVPUB\BJS\678700.1
Dear Voter:
The City Council of the City of Huntington Beach has called a special
election for City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand). This is an all-mailed ballot landowner election. The ballots are being mailed or
delivered to the persons or entities listed on the County Assessor's latest equalized
assessment roll, as updated based on more current information available to the City of
Huntington Beach regarding ownership.
YOU WILL RECEIVE ONE BALLOT FOR EACH GROUP OF
PARCELS SHOWN ON THE ASSESSOR'S ROLL UNDER AN IDENTICAL NAME
AND ADDRESS. The ballots will be distributed based on the names and addresses
designated on the assessment roll or obtained from such other information. Any parcels
with a common name and address were combined for voting purposes. Each qualified
voter has been issued one ballot which entitles that voter to vote his or her total acreage
of land. Each ballot is allotted a specified number of votes depending on acreage. Each
acre of portion thereof is worth one vote.
Please note that your ballot must be received by the City Clerk of the City
of Huntington Beach not later than 7:00 p.m. on September 20, 2004. A POSTMARK
DATE IS NOT ACCEPTABLE. You must use the enclosed envelope for returning your
ballot by mail, or your ballot may be delivered in the envelope, to the office of the City
Clerk of the City of Huntington Beach located at 2000 Main Street, Huntington Beach,
California 92648.
Contained in this Ballot Pamphlet and Instructions to Voter are
Instructions to Landowner Voter, a Sample Ballot, and a copy of the Resolution of
Formation adopted by the City Council of the City of Huntington Beach on September
20, 2004.
If you have any questions, please contact us at (714) 536-5224.
Very truly yours,
CITY CLERK
CITY OF HUNTINGTON BEACH
By: /s/
Joan Flynn
RVPUB\13JS\678700.1
INSTRUCTIONS TO LANDOWNER VOTER
HOW TO VOTE YOUR BALLOT
Vote your official ballot by placing a cross (+) in the voting square
opposite your choice with a pen or pencil, and by completing, dating and signing the
certificate attached thereto.
SPOILING YOUR BALLOT \
If you tear your ballot or make an error in voting you may secure another
by surrendering the ballot*you spoiled, in person or by mail at the address below, or by
executing an affidavit to the effect that you lost your ballot, and you will be given another
ballot. .
RETURNING YOUR BALLOT
Enclose your ballot in the Identification Envelope provided. Supply ALL
information requested on the Identification Envelope. YOUR VOTE WILL BE
DISQUALIFIED IF YOU DO NOT FILL IN ALL THE INFORMATION.
LAST DAY TO RETURN TO THE CITY CLERK
Your ballot must.be returned to the office of the City Clerk of the City of
Huntington Beach not later than 7:00 p.m. on September 20, 2004, for it to be counted.
YOUR BALLOT CANNOT BE ACCEPTED BEYOND THIS DEADLINE.
Your ballot must be mailed in the envelope provided for this purpose, or it
may be delivered in the envelope to the office of the City Clerk of the City of Huntington
Beach located at 2000 Main Street, Huntington Beach, California 92648.
RVPUB\BJS\678700.1
� r
SAMPLE BALLOT - DO NOT VOTE
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
September 20, 2004
To vote, mark a cross (+) in the voting square after the word. "YES" or after the
word"NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City
of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), for a
maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of
providing; (1) The types of public facilities listed in
the Resolution of Formation of the District adopted
September 20, 2004, and (2) The incidental expenses
which will be incurred are all costs associated with the YES
creation of the Community Facilities District, issuance
of the bonds thereof, the determination of the amount NO
of and collection of taxes, and the payment of taxes,
and costs otherwise incurred in order to carry out the [Proposition A]
authorized purposes of the Community Facilities
District?
RVPUB\BJS\678700.1 .
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City of
Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), to
pay the principal of and interest on the bonds of the
Community Facilities District issued and sold to
finance and refinance those purposes specified in
Proposition. A of this ballot, to establish and
replenish the reserve fund for the bonds, or to
accumulate funds for future bond payments,
including any amount required by federal law to be
rebated to the United States with regard to the bonds,
and to pay expenses incidental thereto and to the levy
and collection of the special taxes, so long as the
special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes,
together with the payment of, and the provisions of
repair and replacement reserves. for, maintenance of YES
any of the publicly owned facilities financed with the NO
proceeds of such bonds, at the special tax rates and
pursuant to the method of apportioning the special
taxes set forth in Exhibit "A" to the Resolution of [Proposition B]
Formation adopted by the City Council of the City of
Huntington Beach on September 20, 2004?
PROPOSITION C: Shall an appropriations
limit, as defined by subdivision (h) of Section,,8 of YES
Article XIII B of the California Constitution, be
established for City of Huntington Beach Community NO
Facilities District No. 2004-1 (The Strand), County of
Orange, State of California, in the amount of [Proposition C]
$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE .
STATE OF CALIFORNIA.
RVPUB\13JS\678700.1
CERTIFICATION
We, Salvator W. Cracchiolo and Delores L. Cracchiolo, certify that we are the
trustees of the Cracchiolo S.W. and D.L. Trust A. & C., an owner of property included within the
boundaries of City of Huntington Beach Community Facilities District No. 2004-1 (The Strand),
County of Orange, State of California (the "Owner"), and that we are authorized to vote the
Official Ballot to which this certification is attached. We further certify that in voting said ballot
it was our intent to vote all votes to which we are entitled on Propositions A, B and C set forth in
said ballot as marked in the voting square opposite each proposition. We further certify that the
Cracchiolo S.W. and D.L. Trust A. & C. owns 0.13 actes of land within said community
facilities district, and that in voting said ballot we intended to vote each vote to which such
acreage would entitle said Owner in the manner marked on said ballot.
We certify that this certification .was executed on September 20, 2004, at
Huntington Beach, California.
CRACCHIOLO S.W. & D.L. TRUST A. & C.
By:
Salvator W. Cracchiolo, Trustee
By:
Delores L. Cracchiolo; Trustee
Page 3 of 3
RV PUB\M RUNAL.S HAH\679596.1
4
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE -
STATE OF CALIFORNIA
SEPTEMBER 20,2004
To vote, mark a cross (+) in the voting square after the word "YES" or after the
word"NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an original aggregate principal amount
not to exceed $15,000,000 be incurred by and for City
of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), for a
maximum term of not more than 35 years and with
interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of
providing: (1) the types of public facilities listed in
the Resolution.of Formation of the District adopted
September 20, 2004, and (2) the incidental expenses
which will be incurred are all costs associated with the YES
creation of the Community Facilities District, issuance
of the.bonds thereof, the determination of the amount NO
of and collection of taxes, and the payment of taxes,
and costs otherwise incurred in order to carry out the [Proposition A]
authorized purposes of the Community Facilities
District?
Cracchiolo S.W. & D.L. Trust A.&C.
0.13 acres— 1 vote
Page l of 3
RVPUB\MRUNAL.SHA 4%79596.1
PROPOSITION B: Shall special taxes_ be
levied annually on taxable property within City of
Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of
California (the "Community Facilities District"), to
pay the principal of and interest on the bonds of the
Community Facilities District issued 'and sold to
finance and refinance those purposes specified in
Proposition A of this ballot, to establish and
replenish the reserve fund for the bonds, or to
accumulate funds for future bond--payments,
including any amount required by federal law to be
rebated to the United States with regard to the bonds,
and to pay expenses incidental thereto and to the levy
and collection of the special taxes, so! long as the
special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes,
together with the payment of,`and the provisions of
repair and replacement reserves for, maintenance of YES
any of the publicly owned facilities financed with the NO
proceeds of such bonds, at the special tax rates and
pursuant to the method of apportioning the special
taxes set forth in Exhibit "A" to the Resolution of [Proposition B]
Formation adopted by the City Council of the City of
Huntington Beach on September 20, 2004?
PROPOSITION C: Shall an appropriations YES
limit, as defined.by subdivision (h) of Section 8 of
Article XIII B of the California Constitution, be NO
established for City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), County [Proposition C]
of Orange, State of California, in the amount of
$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
C_ racchiolo S.W. & D.L. Trust A. & C.
0.13 acres— 1 vote
Page 2 of 3
RV PUB\MRUNAL.SHAH\679596.1
f
CERTIFICATION
We, Salvator W. Cracchiolo and Delores L. Cracchiolo, certify that we are the
trustees of the Cracchiolo S.W. and D.L.Trust A. &C., an owner of property included within the
boundaries of City of Huntington Beach Community Facilities District No 2004-1 (The Strand),
County of Orange, State of California (the "Owner"), and that we are authorized to vote the
Official Ballot to which this certification is attached. We further certify that in voting said ballot
it was our intent'to vote all votes to which we are entitled on Propositions A, B and C set forth in
said ballot as marked in the voting square opposite each proposition. We further certify that the
Cracchiolo S.W. and D.L. Trust A. & C. owns 0.13 acres of land within said community
facilities district, and that in voting said ballot we intended to vote each vote to which such
acreage would entitle said Owner in the manner marked on said ballot.
We certify that this certification was executed on September 20, 2004, at
Huntington Beach,-California.
CRACCHIOLO S.W. & D.L. TRUST A. & C.
By:
Salvator W. Cracchiolo, Trustee
By:
Delores L. Cracchiolo; Trustee
V,,
Page 3 of 3
RV PUB\MRUN AL.S HAH\679 596.1
September 20, 2004
Mayor and Members.of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648.
Re: City of Huntington Beach Community Facilities District No.
2004-1 (The Strand)
Ladies and Gentlemen:
Pursuant to Section 53326 of the Government Code, I hereby agree to act
as the election official to conduct the consolidated special elections within and for City of
Huntington Beach Community Facilities District No. 2604-1 (The Strand), County of .
Orange, State of California. Pursuant to said Section 53326, I consent to the scheduling
and conducting of said consolidated special elections on September 20, 2004.
Sincerely,
City Clerk
City of Huntington Beach
RVPUB\BJS\679563.1
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
INDIAN WELLS LAWYERS SAN DIEGO
(760) 568-261 1 3750 UNIVERSITY AVENUE (619)525-1300
- POST OFFICE BOX 1028 -
ONTARIO RIVERSIDE, CALIFORNIA 9 2502-1 028 ORANGE COUNTY
(909)989-8584 (909)686-1 450 (949) 263-2600
(909)686-3083 FAX
BBKLAW.COM SACRAMENTO
(916)325-4000
BARBARA J. SKINNER
(909) 826-8253
BARBARA.SKINNER@BBKLAW.COM -
FILE No. 60306.00002
September 10, 2004
VIA OVERNIGHT COURIER
Joan Flynn
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Community Facilities District No. 2004-1 (The Strand)
Dear Joan:
We are enclosing a letter to be typed on City letterhead stationery wherein you
agree to act as the election official and consent to the scheduling and conducting of the
consolidated special elections on September 20, 2004. Please prepare this letter and have it
available at the public hearing on September 20, 2004. We would also appreciate receiving a
copy for our file.
Sincerely,
X
Barbara�J. Skinner
Paralegal
for BEST BEST& KRIEGER LLP
BJS:BJS:bjs
Enclosure
cc: Leonie Mulvihill
o c
Z q C)
w
RVPUB\BJS\679560.1
91C�o% V J
RESOLUTION NO. OCR �6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING
CITY OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
AND ESTABLISHING THE BOUNDARI
THEREOF
WHEREAS, the City Council (the "City Council") o the City of Huntington
Beach ("City") has heretofore adopted on August 16, 2004, Resolution No. 2004-68, stating that
a proposed community facilities district to be known as "City of 1tIuntington Beach Community
Facilities District No. 2004-1 (The Strand), County of Orange, State of California" (the
"Community Facilities District"), is.proposed to be establish d under the terms of Chapter 3.56
(commencing with Section 3.56.010) of the Municipal Co e of the City of Huntington Beach
(the "Code") and Chapter 2.5 (commencing with § 5331 of Part 1 of Division 2 of Title 5 of
the California Government Code, commonly known a the "Mello-Roos Community Facilities
Act of 1982" (the "Act"), and fixing the time and pla for a public hearing on the establishment
of the Community Facilities District; and
Notice was published and mail to the owners of property in the Community
Facilities District as required by law relative the intention of the City Council to establish the
'Community Facilities District, the levy of t special taxes therein, the financing and refinancing
of public facilities therein, and the inc ng of a bonded indebtedness by the Community
Facilities District, and of the time and pl ce of said public hearing; and
On September 20, 2 4, at the time and place specified in said published and
mailed notices, the City Council o ned and held a public hearing as required by law relative to
the formation of the Community acilities District, the levy of the special taxes therein and the
financing of facilities by the Co unity Facilities District; and
On Septemb 20, 2004, at the time and place specified in said published and
mailed notices, the City C�gcil opened and held a public hearing as required by law relative to
the formation of the Co unity Facilities District, the levy of the special taxes therein and the
financing of facilities b the Community Facilities District; and
Prior Zsaid hearing there was filed with the City Council a report (the "Report")
containing a description of the services being financed within and for the Community Facilities
District, and an estimate of the cost of such financing, as required by Section 53321.5 of the
California Government Code; and
Ztthe public hearing all persons desiring to be heard on all matters pertaining to
the establist of the Community Facilities District, the levy of the special taxes and the
financing o the public facilities therein were heard, and a full and fair hearing was held; and
The City Council may therefore proceed to establish the Community Facilities
District,
RVPUB\MUW678693.2 1
reso/strand resos/boundaries
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. Findings. The City Council finds as follows: (i) all of the
preceding recitals are correct, (ii) on September 20, 2004, pursuant to notice thereof duly given
as provided by law, the City Council conducted a public hearing with/respect to the
establishment of the Community Facilities District and the annual levying o specified special
taxes on the taxable property within the Community Facilities District to pa for public facilities
for the Community Facilities District which are described in Section 3 he7eof, (iii) the boundary
map of the Community Facilities District has been recorded pursuant to ections 3111 and 3113
of the Streets and Highways Code as Instrument No. 20040007628 4 in Book 89 of Book of
Maps of Assessment and Community Facilities Districts at page 41 f the Official Records of the
County of Orange, (iv) all prior proceedings with respect to the a tablishment of the Community
Facilities District prior to and during the hearing with resp ct to the establishment of the
Community Facilities District conducted by the City Council n September 20, 2004, were valid
and in conformity with the requirements of Chapter 2.5 (co encing with § 53311) of Part 1 of
Division 2 of Title 5 of the California Government Code, ) no written protests were received at
or prior to the time of said hearing against the establis ent of the Community Facilities District
or the levying of said special taxes by the Communit Facilities District, and said special taxes
have, therefore, not been limited by majority protes ursuant to Section 53324 of the California
Government Code, (vi)the City Council is, the efore, authorized to adopt a resolution of
formation pursuant to Section 53325.1 of the Cal(fomia Government Code for the establishment
of City of Huntington Beach Community Fac)Mies District No. 2004-1 (The Strand), County of
Orange, State of California, and the Commu .1y Facilities District should be established.
Section 2. Establishment of District. City of Huntington Beach Community
Facilities District No. 2004-1 (The St d) County of Orange, State of California, is hereby
established. The boundaries of the ommunity Facilities District are set forth in Exhibit"A"
attached hereto and are also shown the map entitled"Boundaries of City of Huntington Beach
Community Facilities District No. 004-1 (The Strand), County of Orange, State of California"
which is on file with the Clerk said boundaries are hereby established.
Section 3. es of Facilities; Incidental Expenses; Maintenance.
(1) The , es of public facilities proposed to be provided within and financed
by the proposed Comm y Facilities District are:
Street improvements including costs of condemnation, removal,
demolition,. grading, paving, curbs and gutters, sidewalks, street
lights and parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
RVFUB\MUM\678693.2 2
reso/strand resos/boundaries
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
(f) Street signalization and signage, including trafficf es.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation/le
(i) Acquisition of land, rights-o/of, (ii)
sements necessary for any
of the facilities specified in (a)through (h) above.
(j) The incidental expenses wh incurred are: (i) the cost of
engineering, planning and duch facilities and the cost of
environmental evaluations t all costs associated with the
creation of the proposed cofacilities district, issuance of
the bonds thereof, the n of the amount of and
collection of taxes, the payment of taxes, and costs otherwise
incurred in order to c y out the authorized purposes of the
community facilities district, and (iii) any other expenses
incidental to the con truction, acquisition, completion, inspection,
and maintenance o such facilities. .
Section 4. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay for all such facilities and to pay the principal of and interest on the
bonds of the Community Facilities District and any territory to be annexed in the future, and the
annual administrative expenses of City pd the Community Facilities District in determining,
apportioning, levying and collecting sdch special taxes, and in paying the principal of and
interest on such bonds, and the costs/of registering, exchanging and transferring such bonds,
secured by the recordation of a cont./uing lien against all taxable or nonexempt property in the
Community Facilities District, and aintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the nited States in order to preserve the tax-exempt status of such
bonds shall be annually levied ithin the Community Facilities District. Additionally, there
shall be levied special taxes su icient to pay for the maintenance, repair and replacement of such
public facilities. The rate an method of apportionment of said special taxes shall be as set forth
in Exhibit"B" attached here- and by this reference made a part hereof.
Section 5. Annexation of Territory. Other property within the boundaries of
City may be annexed ' to the Community Facilities District upon the condition that parcels
within that territory m be annexed only with the unanimous approval of the owner or owners
of each parcel or parc is at the time that parcel or those parcels are annexed. -
Sec on 6. Exempt Property. Pursuant to Section 53340 of the California
Government Cod , properties of entities of the state, federal and local governments or used for
public rights of ay or other public uses, shall be exempt from the levy of special taxes of the
Community Fa ilities District.
RVPUB\MUM\678693.2 3
reso/strand resos/boundaries
Section 7. Report. The Report is hereby approved and is made a part of the
record of the public hearing regarding the formation of the Community Facilities District, and is
ordered to be kept on file with the Clerk of the City as part of the transcript of these proceedings.
Section 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to
Section 53314.9 of the California Government Code, the City Council may ccept advances of
funds or work-in-kind from private persons or private entities and may provide, by resolution, for
the use of those funds or that work-in-kind, for any authorized purpose, inluding, but not limited
to, paying any costs incurred by City in creating the Community Facilities District and may enter
into an agreement by resolution, with the person or entity advancin funds or work-in-kind to
repay funds advanced, or to reimburse the person or entity for th value or cost, whichever is
less, of the work-in-kind, as determined by the City Council.
Section 9. Tender of Bonds. This City Council hereby reserves the right, on
behalf of the Community Facilities District to accept tenders/of bonds in full or partial payment
of special taxes to be levied within the Community Facilities District pursuant to Section
3.56.320 of the Code.
Section 10. Description of Voting.Pjrocedures. The voting procedures to be
followed in conducting the consolidated special elections on (i)the proposition of the
Community Facilities District incurring a bonded indebtedness in an amount not to exceed
$15,000,000, (ii) the proposition with respect to/he levy of special taxes on the land within the
Community Facilities District to pay the princik of and interest on the bonds thereof and to pay
the costs of maintenance ,repair and replacement of public facilities, and (iii) the proposition
with respect to the establishment of an ap ropriations limit for the Community Facilities District
in the amount of$4,000,000, if the Co unity Facilities District is established and such consoli-
dated special elections (the "consolidat special elections") are held, shall be as follows:
(1) If at least 12 ersons have been registered to vote within the territory of
the Community Facilities District or each of the 90 days preceding the close of the public or
protest hearing (the "protest he ' g"), the vote in the consolidated special elections shall be by
the registered voters of the Co unity Facilities District with each voter having one vote. In
that event, the consolidated sp cial elections shall be conducted by the Clerk, and shall be held
on a date selected by the Cit Council in conformance with the provisions of Section 53326 of
the California Government ode and pursuant to the provisions of the California Elections Code
governing elections of citi s, insofar as they may be applicable, and pursuant to said Section
53326 the ballots for th consolidated special elections shall be distributed to the qualified
electors of the Commun' y Facilities District by mail with return postage prepaid or by personal
service, and the consol' ated special elections shall be conducted as a mail ballot election.
(2) If 12 persons have not been registered to vote within the territory of the
community faciliti s district for each of the 90 days preceding the close of the protest hearing,
and pursuant to ction 53326 of the California Government Code, the vote is therefore-to be by
the landowners as defined in Section 3.56.070 of the Municipal Code of the City of Huntington
Beach) of the Community Facilities District, with each landowner of record at the close of the
protest he . g having one vote for each acre or portion of an acre of land that he or she owns
within the ommunity Facilities District, the consolidated special elections shall be conducted
RVPUB\MUM\678693.2 4
reso/strand resos/boundaries
by the City Clerk pursuant to the Municipal Code of the City of Huntington Beach and Section
53326 of the California Government Code as follows:
(a) The consolidated special elections shall be held on the%earliest
date, following the adoption by the City Council of the/resolution
of formation establishing the Community Facilities District
pursuant to Section 53325.1 of the California Government Code,
and a resolution pursuant to Section 53326 of said/Code submitting
the propositions with respect to (i) whether a�6/nded indebtedness
shall be incurred for constructing and financ g through the sale of
bonds public facilities necessary for e formation of the
Community Facilities District; (ii) the le!/ y of special taxes to pay
the principal of and interest on the bonds of the Community
Facilities District and (iii) the esta fishing of an appropriations
limit therefor to the qualified elect rs of the Community Facilities
District, upon which such elections can be held pursuant to said
Section 53326 which may be s.lected by the City Council, or such
earlier date as the owners of land within the Community Facilities
District and the Clerk agQand concur is acceptable.
(b) Pursuant to said Sectio/53326, the consolidated special elections
may be held earlier than 90 days following the close of the protest
hearing if the qualified electors of the Community Facilities
District waive the/ limits for conducting the elections set forth
in said Section 5%326 by unanimous written consent and the Clerk
concurs in such earlier election date as shall be consented to by the
qualified ele ors.
(c) Pursuant tt10
said Section 53326, ballots for the consolidated special
elections/shall be distributed to the qualified electors by the Clerk
by m-1 with return postage prepaid, or by personal service.
(d) Pur uant to applicable sections of the California Elections Code
g erning the conduct of mail ballot elections of cities, and
ecifically Division 4 (commencing with §4000 of the California
Elections Code with respect to elections conducted by mail), the
Clerk shall mail (or deliver) to each qualified elector an official
ballot in a form specified by the City Council in the resolutions
calling and consolidating the consolidated special elections, and
shall also mail to all such qualified electors a ballot pamphlet and
instructions to voter, including a sample ballot identical in form to
the official ballot but identified as a sample ballot, an impartial
analysis by Counsel to City pursuant to Section 9280, as amended,
of said Code with respect to the ballot propositions contained in
the official ballot, arguments and rebuttals, if any, pursuant to
Sections 9281, as amended, to 9287, as amended, inclusive, and
9295, as amended, of said Code, a return identification envelope
RVPUB\MUM\678693.2 5
reso/strand resos/boundaries
with prepaid postage thereon addressed to the Clerk for the return
of voted official ballots, and a copy of the form of Res.lution of
Formation establishing the Community Facilities Dist 'ct, adopted
by the City Council pursuant to Section 53325.1 opfhe California
Government Code, and the exhibits thereto; pr ided, however,
that such analysis and arguments may be aived with the
unanimous consent of all the landowners, d in such event a
finding regarding such waivers shall be ade in the resolution
adopted by the City Council calling a consolidated special
elections.
(e) The official ballot to be mailed (or livered) by the Clerk to each
landowner shall have printed or ed thereon the name of the
landowner and the number of vg es to be voted by the landowner
and shall have appended to it certification to be signed by the
person voting the official bal, t which shall certify that the person
signing the certification is the person who voted the official ballot,
and if the landowner is of r than a natural person, that he or she is
an officer of or other person affiliated with the landowner entitled
to vote such official�pallot, that he or she has been authorized to
vote such official b Ylot on behalf of the landowner, that in voting
such official ballot was his or her intent, as well as the intent of
the landowner, t 'vote all votes to which the landowner is entitled
based on its laid ownership on the propositions set forth in the
official ballo as marked thereon in the voting square opposite each
such propo tion, and further certifying as to the acreage of the
landowne s land ownership within the Community Facilities
District.
(f) The /r turn identification envelope delivered by the Clerk to each
Ian 6wner shall have printed or typed thereon the following:
(i) he name of the landowner, (ii) the address of the landowner,
i) a declaration under penalty of perjury stating that the voter is
he landowner or the authorized representative of the landowner
entitled to vote the enclosed ballot and is the person whose name
appears on the identification envelope, (iv) the printed name and
signature of the voter, (v)the address of the voter, (vi)the date of
signing and place of execution of said declaration, and (vii) a
notice that the envelope contains an official ballot and is to be
opened only by the Clerk. _.
(g) The instruction to voter form to be mailed by the Clerk to the
landowners shall inform them that the official ballots shall be
returned to the Clerk properly voted as provided thereon and with
the certification appended thereto properly completed and signed
in the sealed return identification envelope with the certification
thereon completed and signed and all other information to be
RVPUB\MUNA678693.2 6
reso/strand resos/boundaries
inserted thereon properly inserted not later than 7:00 p.m. on the
date of the election, or immediately after the Resolution Calling
the Special Election is adopted
(h) Upon receipt of the return identification enve pes which are
returned prior to the voting deadline on the dat of the elections,
the Clerk shall canvass the votes cast in the onsolidated special
elections, and shall file a statement with the Council as to the
results of such canvass and the election each proposition set
forth in the official ballot.
The procedures set forth in this section for conducting the consolidated special
elections, if they are held, may be modified as the City Council 7yv determine to be necessary or
desirable by a resolution subsequently adopted by the City Co .cil.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 200_
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
G—'t&- — al �'/3/-O y
. ity Adm istrator -ff City Attorney
INITI TED AND APPROVED:
G
ec or Economic D elopment
Director of Public Works
RVPUB\MUN4M678693.2 7
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EXHIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND),
COUNTY OF ORANGE, STATE OF CALIFORNIA
In the City of Huntington Beach, County o;/Orange, State of California, being
Lots 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, a portion of LoV9 and a portion of the alleys adjacent
to said Lots, in Block 104; Lots 1 through 21, inclusiv23, 25, 27, and a portion of the alleys
adjacent to said Lots, in Block 105; together with th t portion of Fifth Street adjacent to said
Blocks 104 and 105, all as shown on Map of H tington Beach filed in-Book 3, Page 36 of
Miscellaneous Maps, Records of said County desc bed as follows:
Beginning at most easterly co er of said Lot 28; thence South 41°37'44" West
225.10 feet along the northwesterly line of e Alley, 15 feet wide, within said Block 104, to the
most southerly corner of Lot 12 of said lock 104; thence North 48°22'14" West 67.71 feet
along the southwesterly line of said Lo 2 to the northeasterly prolongation of the northwesterly
line of the Deed recorded October 10 990 as Instrument No. 90-538988, of Official Records of
said County; thence South 4197 10" West 125.05 feet along said prolongation and said
northwesterly line to the northe erly line of Pacific Coast Highway (Ocean Avenue), 100.00
feet wide, per the Map of Hu ngton Beach filed in Book 3, Page 36 of Miscellaneous Maps,
Records of said County; the e North 48°21'52" West 359.91 feet along said northeasterly line
to the southeasterly line o Sixth Street, 75 feet wide as shown on said Map of Huntington
Beach; thence North 41 _37'l l" East 250.03 feet along said southeasterly line to the most
northerly corner of Lot/20 of said Block 105; thence South 48°22'50" East 125.07 feet along the
northeasterly line of I fild Lot 20 and the southeasterly prolongation thereof to the centerline of
the Alley, 15 feet vAde, within said Block 105; thence North 41°37'11" East 100.01 feet along
said centerline to e southwesterly line of Walnut Avenue, 60 feet wide as shown on said Map
of Huntington Bach; thence South 48°22'50" East 302.58 feet along said southwesterly line to
the POINT OF �EGINNING. Containing 2.956 acres, more or less.
RVPUB\MUM\678693.2 A-1
EXHIBIT B
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO.2004-1 (TH TRAND)
RATE AND METHOD OF APPORTIONMENT SPECIAL TAX
[See attached document]
RVPUB\MUlW678693.2 B_1
RESOLUTION NO. a®OS4-r7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE VOTERS OF CITY
OF HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2004-1 (THE STRAND) PROPOSITIONS
REGARDING INCURRENCE OF BONDED INDEBTEDNESS
THE ANNUAL LEVY OF SPECIAL TAXES WITHIN T
COMMUNITY FACILITIES DISTRICT TO PAY PRINCI AL
OF AND INTEREST ON BONDS THEREOF, AND HE
ESTABLISHMENT OF AN APPROPRIATIONS LIMI
WHEREAS, pursuant to Section 53325.1 of the California G vernment Code and Chapter
3.56 of the Municipal Code of the City of Huntington Beach (the Code") the City Council (the
"City Council") of the City of Huntington Beach (the "City" has adopted the resolution of
formation for the City of Huntington Beach Community Faciliti District No. 2004-1 (The Strand),
County of Orange, State of California (the "District"), esta ing the District and the boundaries
thereof(the "Resolution of Formation"); and
Pursuant to Section 53351 of the California overnment Code and the provisions of the
Code, the City Council has also adopted a resolution etermining that it is necessary that the District
incur a bonded indebtedness in an original aggre ate amount not to exceed $15,000,000 for the
purposes of refinancing certain public facilities o he District; and
By that resolution, the City Council called special elections on the propositions to be
submitted to the voters of the District with re, ect to the District incurring bonded indebtedness for
the refinancing of such public facilities; and
Pursuant to Section 53326 and 53350 of the California Government Code and the provisions
of the Code, it is necessary that the City�Council submit to the voters of the District the annual levy
of special taxes on taxable property )thin the District to pay the principal of and interest on the
bonds thereof and to fund the reserve nd, if such bonds are authorized and issued; and
Pursuant to Section 53325 of the California Government Code and the provisions of the
Code, the City Council may so submit to the voters of the District a proposition for the
establishment of an appropriati s limit for the District; and
The City Clerk has vised the City Council that she has received a statement from the
Registrar of Voters of the unty of Orange that no persons are registered to vote in the territory of
the District,
NOW, THE ORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DOES HEREBY SOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are
true and correct; (ii) 12 persons have not been registered to vote within the territory of the District
RVPUB\KAB\678703.2 1
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for each of the 90 days preceding the close of the public hearing on September 20, 2004; (iii)
_ pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in
clause (ii) above, the vote in the special election called by this resolution shall be by the landowners
of the District whose property would be subject to the special taxes if they were levied a,the time of
the election, and each landowner shall have one vote for each acre, or portion thereo , which he or
she owns within the District which would be subject to the proposed special t s if they were
levied at the time of the election; (iv) the sole owner of all of the land in the Di ict has by written
consent (a) waived the time limits set forth in Section 53326 of the California overnment Code for
holding the election called-by this resolution and the election on the pro ositions of the District
incurring bonded indebtedness, which pursuant to Section 4 hereof is co olidated with the election
called hereby, (b) consented to the holding of the consolidated speci elections on September 20,
2004, (c) waived notice and mailed notice of the time and date of th consolidated special elections,
(d) waived an impartial analysis by the City Attorney of the ball propositions pursuant to Section
9280 of the California Elections Code and arguments and re ttals pursuant to Sections 9281 to
9287, inclusive, and 9295 of that Code, and mailing of a stat ent pursuant to Section 9401 of that
Code, and (e) waived a synopsis of the measures to be ncluded in the official ballot for said
elections pursuant to Section 12111 of that Code; and v) the City Clerk (the "City Clerk") has
consented to the holding of the consolidated special el tions on September 20, 2004.
Section 2. Call of Election. e City Council hereby calls and schedules a
special election for September 20, 2004, on tl e proposition of the annual levy of special taxes
within the District for the payment of princip l of and interest on the bonds of the District, and on
the proposition of the establishment of ana,ropriations limit for the District.
Section 3. Propositions.
(a) The propositions to be submitted to the voters of the District at such
special election shall be as follows:
First Proposition: ShallJa bonded indebtedness in an original aggregate principal amount not
to exceed $15,000,000 be incurred by and for City of Huntington Beach Community Facilities
District No. 2004-1 (The Strand), County of Orange, State of California (the "Community Facilities
District"), for a maximum term of not more than 35 years and with interest at a rate or rates not to
exceed the maximum interest rate permitted by law, for the purposes of providing; (1) The types of
public facilities listed/in the Resolution of Formation of the District adopted September 20, 2004,
and (2) The incidental expenses which will be incurred are all costs associated with the creation of
the Community Fadilities District, issuance of the bonds thereof, the determination of the amount of
and collection of taxes, and the payment of taxes, and costs otherwise incurred in order to carry out
the authorized p oses of the Community Facilities District?
Secon Proposition: Shall special taxes be levied annually on taxable property within City
of Huntingt n Beach Community Facilities District No. 2004-1 (The Strand), County of Orange,
State of C ifornia (the "Community Facilities District"), to pay the principal of and interest on the
bonds of e Community Facilities District issued and sold to finance and refinance those purposes
specifie in Proposition A of this ballot, to establish and replenish the reserve fund for the bonds, or
to accumulate funds for future bond payments, including any amount required by federal law to be
rebated to the United States with regard to the bonds, and to pay expenses incidental thereto and to
RVPUB\KAB\678703.2 2
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the levy and collection of the special taxes, so long as the special taxes are needed to pay the
principal of and interest on the bonds and for such other purposes,together with the payment of, and
the provisions of repair and replacement reserves for, maintenance of any of the publicly owned
facilities financed with the proceeds of such bonds, at the special tax rates and pursuant to the
method of apportioning the special taxes set forth in Exhibit `B" to the Resolution of Formation
adopted by the City Council of the City of Huntington Beach on September 20, 200 �?
Third Proposition: Shall an appropriations limit, as defined by subdiv ion (h) of Section 8
of Article XIII B of the California Constitution, be established for City/of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California, in
the amount of$4,000,000?
Section 4. Consolidation of Elections. The special election called hereby on the
propositions to be submitted to the voters of the District, as set forth in Section 3 hereof, shall be
consolidated with the special election on the propositionxf the District incurring bonded
indebtedness. The ballots for said consol/elenions sh be in the forms attached hereto as
Exhibit"A."
Section 5. Conduct ofcept as otherwise provided in Section 6
hereof, the consolidated special elections ducted by the City Clerk in accordance with
the provisions of the California Electionerning mail ballot elections of cities, and in
particular the provisions of Division 4 (cwith Section 4000), of that Code, insofar as
they may be applicable.
Section 6. Election Proe procedures to be followed in conducting the
consolidated special elections on (i) the 14roposition of the District incurring a bonded indebtedness
in an original aggregate amount not �pccrty
xceed $15,000,000, (ii) the proposition with respect to the
levy of special taxe/ampn
able p within the Community Facilities District to pay the
principal of and intthe b nds of the Community Facilities District and maintenance of
public facilities, and prop sition with respect to the establishment of an appropriations limit
for the District in tnt f $4,000,000 (the "Consolidated Special Elections") shall be as
follows:
Pursuant to Section 53326 of the California Government Code, ballots
for the ConsSpecial Elections shall be distributed to the qualified electors by the
City Clerk byby personal service.
Pursuant to applicable sections of the California Elections Code
governing thct of mail ballot elections of cities, and in particular Division 4
(commenc i gu with Section 4000) of that Code with respect to elections conducted by mail,
the City Clerk shall mail or deliver to each qualified elector an official ballot in the
appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such
qualified electors a ballot pamphlet and instructions to voter, including a sample ballot
identical in form to the official ballot but identified as a sample ballot, a return identification
envelope addressed to the City Clerk for the return of voted official ballots and a copy of
the Resolution of Formation adopted by the City Council on September 20,2004 .
RVPUB\KAB\678703.2 3
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(c) The official ballot to be mailed or delivered by the City Clerk to each
landowner-voter shall have printed or typed thereon the name of the landowner-voter and
the number of votes to be voted by the landowner-voter and shall have appended to it a
certification to be signed by the person voting the official ballot which shall certify that the
person signing the certification is the person who voted the official ballot, and if the
landowner-voter is other than a natural person, that he or she is an officer of or other person
affiliated with the landowner-voter entitled to vote such official ballot, that he or she has
been authorized to vote such official ballot on behalf of the landowner-voter, that in voting
such official ballot it was his or her intent, as well as the intent of the landowner-voter, to
vote all votes to which the landowner-voter is entitled based on its/land ownership on the
propositions set forth in the official ballot as marked thereon in the voting square opposite
each such proposition, and further certifying as to the acreage of the landowner-voter's land
ownership within the District.
(d) The return identification envelope'mailed or delivered by the City
Clerk to each landowner-voter shall have printed or ed thereon the following: (i) the
name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of
perjury stating that the voter is the landowner or the authorized representative of the
landowner entitled to vote the enclosed ballot and is the person whose name appears on the
identification envelope, (iv) the printed name and signature of the voter, (v) the address of
the voter, (vi)the date of signing and place of execution of the declaration, and (vii) a notice
that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The information to voter form to be delivered by the City Clerk to the
landowner-voters shall inform Vm that the official ballots shall be returned to the City
Clerk properly voted as provr ded thereon and with the certification appended thereto
properly completed and si /ed in the sealed return identification envelope with the
certification thereon completed and signed and all other information to be inserted thereon
properly inserted by 7:0 p.m. on the date of the elections; provided that if all qualified
electors have voted, th elections shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelopes which are returned
prior to the voti deadline on the date of the elections, the City Clerk shall canvass the
votes cast in t Consolidated Special Elections, and shall file a statement with the City
Council as to a results of such canvass and the election on each proposition set forth in the
official ball .
Section 7. Accountability Measures. Pursuant to Section 53410 of the California
Government C d7ife voters approve the propositions contained in the official ballots for the
consolidated pecctions with respect to the District incurring bonded indebtedness for the
purposes fo whic indebtedness is to be incurred and bonds of the District are to be issued
(the "Bon Propositions"), the incurring of such bonded indebtedness and the issuance of bonds of
the Dis 'ct shall be subject to the following accountability measures:
(a) The Bond Propositions shall identify the specific purposes for which
the bonds are to be issued;
RVPUB\KAB\678703.2 4
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(b) The proceeds of the bonds shall be applied only for the specific
purposes identified in the Bond Propositions;
(c) An account or accounts shall be created pursuant to the fiscal agent
agreement for such bonds into which the proceeds of the sale of such bonds, if any, shall be
deposited; and
(d) The City Administrator shall file a report with the City Council no
later than January 2 of the calendar year beginning after the year in which the bonds are
issued and annually thereafter, which shall contain the information required by Section
53411 of the California Government Code.
The City Council finds that the Bond Propositions which are s forth in the official ballots
for the consolidated special elections, which are attached as Exhibit" " hereto, identify the specific
purposes for which the District will incur bonded indebtedness and 'ssue bonds.
PASSED AND ADOPTED by the City Council of the 'ty of Huntington Beach at a regular
meeting thereof held on the day of , 200_
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
i
ity AdnUnistrator r �..City Attorney
INITIATED AND APPROVED:
i rector f Economic velopment
Director of Public Works
RVPUB\KAB\678703.2 5
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EXHIBIT"A"
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
STATE OF CALIFORNIA
To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO."
All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A:
Shall a bonded indebtedness in an
original aggregate principal amount not to
exceed $15,000,000 be incurred by and for
City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand),
County of Orange, State of California (the
"Community Facilities District"), for a
maximum term of not more than 35 years and
with interest at a rate or rates not to exceed the ❑ Yes
maximum interest rate permitted by law, for
the purposes of providing; (1) The types of ❑ No
public facilities listed in the '`—o
Qrrnfffto f the District adopfi
d Sep tembe [Proposition A]
20, 2004, d (2) The inciden s
whic i 1 be incurred are all costs associated
with the creation of the Community Facilities
District, issuance of the bonds thereof, the
determination of the amount of and collection
of taxes, and the payment of taxes, and costs
otherwise incurred in order to carry out the
authorized purposes of the Community
Facilities District?
RV PUB\KAB\678703.2 A-1
PROPOSITION B: Shall special taxes be levied
annually on taxable property within City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand), County
of Orange, State of California (the "Community Facilities
District"), to pay the principal of and interest on the bonds of the
Community Facilities District issued and sold to finance and
refinance those purposes specified in Proposition A of this
ballot, to establish and replenish the reserve fund for the bonds,
or to accumulate funds for future bond payments, including any ❑ Yes
amount required by federal law to be rebated to the United ❑ No
States with regard to the bonds, and to pay expenses incidental
thereto and to the levy and collection of the special taxes, so [proposition B]
long as the special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes, together with
the payment of, and the provisions of repair and replacement
reserves for, maintenance of any of the publicly owned facilities
financed with the proceeds of such bonds, at the special tax rates
and pursuant to the method of apportioning the special-taxes- e
fort xni hihix,B" to the Resolution of Format n adopted by
tpe City Council of the City of Huntington Beac on September
20, 2004?
PROPOSITION C:
Shall an appropriations limit, as defined
by subdivision (h) of Section 8 of Article XIII ❑ Yes
B of the California Constitution, be established ❑ No
for City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand), [Proposition C]
County of Orange, State of California, in the
amount of$4,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA.
RVPUB\KAB\678703.2 2
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RESOLUTION NO. -, Q -7?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE RESULTS OF THE
CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2004-1 (THE STRAND) COUNTY OF ORANGE,
STATE OF CALIFORNIA, ON THE PROPOSITIONS WIT
RESPECT TO (i) INCURRING BONDED INDEBTEDNESS
AN ORIGINAL AMOUNT NOT TO EXCEED $15,00 , 00,
(ii) THE ANNUAL LEVY OF SPECIAL TAXES PAY
PRINCIPAL AND INTEREST ON BONDS, AN (iii) THE
ESTABLISHMENT OF AN APPROPRIATIONS IMIT AND
AUTHORIZING THE RECORDATION OF NOTICE OF
SPECIAL TAX LIEN
WHEREAS, on September 20, 2004, t City Council (the "City Council") of the
City of Huntington beach (the "City") adopted a Re ution determining the necessity for City of
Huntington Beach Community Facilities Distric o. 2004-1 (The Strand) County of Orange,
State of California (the "Community Facilities istrict"), to incur a bonded indebtedness in an
original aggregate principal amount not to e eed $15,000,000 and calling a special election on
the proposition of incurring such a bonde indebtedness for September 20, 2004, providing for
the consolidation o/nRe
election with th election on the propositions with respect to the annual
levy of special tan taxable pr erty within the Community Facilities District to pay
principal of and inn such bon s, together with the maintenance, repair and replacement of
public facilities, a establis ent of an appropriations limit for the Community Facilities
District; and
On mbe 20, 2004, the City Council also adopted a resolution calling a
special election (thct' n Resolution") for September 20, 2004, for submitting to the voters
of the Communityi es District the proposition with respect to the annual levy of special
taxes on taxable pwithin the Community Facilities District to pay the principal of and
interest on the bohereof, and the proposition with respect to the establishment of an
appropriations limihe Community Facilities District, and providing for the consolidation of
that election with - ction on the proposition of the Community Facilities District incurring a
bonded indebted ess; and
The City Council has received a statement from the City Clerk (the "City Clerk"),
who pursu t to the Election Resolution was authorized to conduct the consolidated special
elections d act as the election official therefor, with respect to the canvass of the ballots
returned in and the results of the consolidated special elections, certifying that more than
two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated
special elections were cast in favor of approving all such propositions,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDER:
RVPUB\MRUNAL.SHAH\678768.2 I
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L
Section 1. Findings. The City Council finds that: (i)there were no
persons registered to vote within the boundaries of the Community Facilities District at the time
of the close of the protest hearing on September 20, 2004, and pursuant to Section 53326 of the
California Government Code ("Section 53326") the vote in the consolidated s ecial elections
was, therefore, to be by the landowners owning land within the Community acilities District,
with each landowner having one vote for each acre or portion of an acre o and that he or she
owned within the Community Facilities District which would have been s ject to the special tax
if levied at the time of the consolidated special elections; (ii)pursuant o Section 53326 and the
Election Resolution. the City Clerk distributed the ballots for the c99 solidated special elections
to CIM Group and Cracchiolo, S.W. & D.L. Trust A&C, the ow rs of all of the land included
within the boundaries of the Community Facilities District (collectively the "Property Owners")
by overnight mail with return postage prepaid; (iii)the Propejrty Owner waived the time limits
for holding the consolidated special elections and the elect�in dates specified in Section 53326,
and consented to the calling and holding of the consolidated special elections on September 20,
2004; (iv)the consolidated special elections have been properly conducted in accordance with all
statutory requirements and the provisions of the Ele ion Resolution; (v)pursuant to Section
53326, the Property Owners, which owned approxim� ely 2.26 acres, were entitled to a total of 3
votes; (vi)the ballot was returned to the City Clerk/,prior to 7:00 p.m. on September 20, 2004, by
the Property Owner; (vii)the ballot returned to t e City Clerk by the Property Owner voted all
votes to which it was entitled in favor of all ropositions set forth there-in; (viii) more than
two-thirds of the votes cast in the consolidated special elections on each such proposition were
cast in favor thereof, and pursuant to S tions 53328, 53329 and 53355 of the California
Government Code, all such propositions ed; (ix)the City Council, as the legislative body of
the Community Facilities District, is therefore authorized to take the necessary action to have the
Community Facilities District incur a onded indebted-ness in an original aggregate amount not
to exceed $15,000,000; (x) the City ay annually levy special taxes on taxable property within
the Community Facilities District * amounts sufficient to pay the principal of and interest on the
bonds of the Community Facilits District; and (xi) an appropriations limit for the Community
Facilities District has been esta lished in the amount of$4,000,000.
Secti n 2. Declaration of Results. All votes voted in the
consolidated special elec ons on the propositions with respect to the Community Facilities
District incurring a bo ded indebted-ness in an original aggregate amount not to exceed
$15,000,000, the ann 1 levy of special taxes on taxable property within the Community
Facilities District to ay the principal of and interest on the bonds thereof and to pay for
maintenance, repair and replacement of public facilities; and the establishment of an
appropri=favor
limi in the amount of $4,000,000 for the Community Facilities District were
voted in then of, and all such propositions carried.
Section 3. Effect of Elections. The effect of the results of the-
consolidated s ecial elections, as specified in Section 2 hereof, is that the City Council, as the
legislative b y of the Community Facilities District, is authorized to have the Community
Facilities Dstrict incur a bonded indebtedness in an original aggregate amount not to exceed
$15,000, 0 for the purposes set forth in Proposition A of the Official Ballot for the consolidated
special erections, and, after the Community Facilities District has incurred a bonded indebtedness
and 1 ued bonds therefor, to annually levy special taxes on taxable property within the
Community Facilities District in an amount sufficient to pay the principal of and interest on the
bonds including funding a reserve fund, and to pay for maintenance, repair and replacement of
RVPUB\MRUNAL.SHAH\678768.2 2
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public facilities, at the special tax rates and pursuant to the methodology for dew. ming and
apportioning such special taxes which are set forth in Exhibit "I3"to the Resolutign of Formation
ns li adopted by the City Council on September 2004, and an appropriatiomit has been
established for the Community Facilities District in the amount of$4,000,00 .
Section 4. Notice of Special Tax Lien. The ity Clerk shall record a
notice of special tax lien pursuant to Section 53328.3 of the California Government Code and
Section 3114.5 of the California Streets and Highways Code.
PASSED AND ADOPTED by the City Council of the C?4 Huntington Beach at a
regular meeting thereof held on the day of /� , 200_
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Administrator A-,City Attorney
INITI TED AND APPROVED:
e of Econom Development
Director of Public Works
RVPUB\MRUNAL.SHAH\678768.2 3
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r
Formation of Commu tv
Facilities District N % 004-1
[The Stra
City Council meeting
Septembe % 2004
PURPOSE OF CFO
�z T,e Redevelopment Agency has a DDA with
CIM/Huntington, LLC.
The Strand will encompass a 149-room hotel, 135,000
sq. ft. of restaurant and retail space and a two story
parking garage with 500 spaces.
z The proposed CFD will cover only the The Strand
property, which is comprised of the majority of Blocks
104 and 105.
2
1
PURPOSE OF CFO
A CFD allows a private party to borrow funds rough
the issuance of tax-exempt bonds.
z Bond proceeds will be used to pay for blic
improvements and other eligible pro' ct costs. In the
case of The Strand, this will be the arking garage,
water lines, storm drain and oth public improvements.
Bonds are repaid through a ecial Property Tax levy
on the property within the D.
3
FO SPECIAL PROPERTY TAX
�z The City serves as the conduit for issuance of
the Bonds.
The City has no obligation for repayment of the
Bonds.
4
2
CFO FORMATION/BONDS
Tonight's actions would create the CFD.
Bonds will be issued for the CFD in the'future by
separate City Council action.
CFD formation documents authorize the issuance of up
to $15 million in bonds. Size of bond issue will be
determined prior to a future Oity Council action.
5
-
.rr
REASONS/BENEFITS FOR CFD
FORMATION
CIM Zasvanced funds to the Redevelopment Agency
for/certain legal and appraisal costs related to the
formation of the CFD.
t/The Agency is obligated to repay the Developer
Advances of$7.9
Current source of Developer Advance Payments has an
interest rate of 10%.
g
3
REASONS/BENEFITS FOR CFO
FORMATION
CFD Bonds will allow the Developer to secure a
lower Cost Source of Funds which will reduce th
Developer Advance Payments (estimated to b nn
the 6.25% range).
The Developer Advance Payments are t e repaid
from a portion of the The Strand's publ' revenues
(Net Parking Income, Property Tax In�r rement and
TOT), as such the City/Agency wi kbe the
beneficiaries of the lower interes rates from the
CFD.
RECOMME ED ACTIONS
City Council:
� Open a Public Hearing, take testimony, and
clos the Public Hearing on the formation of the
CF
" dopt Resolution No. 2004-76 Forming the
Community Facilities District of the City of
Huntington Beach, Community Facilities District
No. 2004-1 (The Strand).
8
4
RECOMMENDED ACTIONS
Adopt Resolution No. 2004-77 of the City of Huntington
Beach Establishing Bonded Indebtedness and
Appropriations Limit.
Hold the Election
Adopt Resolution No. 2004-78 of the City of Huntington
Beach Incurring Indebtedness not to Exceed $15
million, Establishing the Annual Levy of/Special Taxes
to Pay the Bonds and Authorizing the/Recordation of
the Special Tax Lien.
9
5
PROOF OF PUBLICATION
NOTICE OfHEARINGON facilities district which
STATE OF CALIFORNIA) RESOLUTION DECLARING maybe issued and sold
NECESSITY TO INCUR BOND-
to finance public facili-
ties which are of benefit
ss. ED INDEBTEDNESS FOR to parcels,of property
COUNTY OF ORANGE ) PROPOSED CITY OFHUN- within the community
facilities district.
TINGTON.BEACH(OMMU- 4.A public hearing on
NITY FACILITIES DISTRICT the proposed bonded
NO.2004-1(THESTRAND) indebtedness for said
am a Citizen of'the United States and a proposed community
NOTICE. IS . HEREBY facilities district shall be
GIVEN that at 7:00 p.m.; held at 7:00 p.m. on
resident of the County aforesaid; I am on September 20, 2004, September 20, 2004, in
over the age of eighteen years, and not a
the City Council of the the.City Council Cham= '
City of Huntington Beach bers located at 2000 '
will conduct a hearing Main Street, Huntington
party.to-or interested ;n .the-.below entitled on_Resolution No. 2004 Beach California _Said
matter. I am a principal clerk of the Co,adoncil on August
said City; hearing,ncur ent con="
Council on August 16, ducted concurrently with
2004,in the City Council i the hearing on the
HUNTINGTON BEACH INDEPENDENT Chambers, located at; establishment of the
, 2000 Main Street, Hun- proposed community ,
a newspaper of general circulation, nia. n Beach, futon facilities district.istrict.
nia. Said resolution NOTICE. IS FURTHER
determines that it. is GIVEN that.at the time
printed and published in the City of necessary for proposed and place of said hearing
Huntington Beach, County of Orange, City of Huntington Beach all interested persons, I
Community Facilities including all persons
District.No. 2004-1 (The owning property in the
State of California and that attached Strand), County of proposed community
� Orange, State of Cali- facilities district, for or
Notice Is a true and complete copy as indebtedness
;to incur a bonded against the proposed
ndebtedness in the bonded indebtedness,
aggregate principal will be heard.
was printed and published In the amount of$15,000,000. DATED:August 30,2004.
Resolution No.2004-69 /s/Joan Flynn
Huntington . ., Beach "issue.. of - .said provides in,summary as City Clerk of the City of
follows: Huntington Beach
newspaper to wit the Issue(s) of: 1. The City Council Published Huntington
declares that it is 'Beach Independent
necessary- that bonded September;9;2004 '
indebtedness be incurred 092-971
by and for proposed City
of Huntington Beach
Community Facilities
District No. 2004-1 (The
Strand); County of
September 9, 2004 or nna, inStaneaggregate
principal amount-.hot.-to
exceed'$15;000;000'`for
the purpose of financing
the design, acquisition,
construction, equipping
and furnishing of the
public facilities -,de-'
scribed in Resolution No.
8.
1 declare, under penalty of perjury, that 2 04:T a amount of the
proposed bonded in-
the foregoing is true and correct. debtedness shall include
all:costs and estimated
costs incidental to, or
connected with, the
hmnt of the.
Executed on September 9, 2004 sesSfore
which,the
proposed bonded in
at Costa Mesa, California. debtedness is to' be
incurred, including, but
not limited to, the
estimated costs of,
construction and acqui-
sition of+-the_ public
i facilities' which are
proposed"to be provided
Signature within and. for the
proposed 'community
facilities district.
3. All, non-exempt
parcels of taxable
1. property, within the
I proposed community
facilities district.shall be
subject to the levy of \
special taxes to pay the
principal of and interest
on the aggregate prin-
cipal amount of the
bonds of the community
-"NOTICE OFHEWNG ON RESOLUTION OF UITENTION 10 t5inum rilurmtu
CITY OF HUNTINGTON BEACH COMMUNITY FACRITtES DISTRICT NO.2004-i(THE STRAND)
NOTICE IS HEREBY GIVEN that on Ai Uu t 16, A04, the City Council of the City of Huntingt,
Beach adopted Resolution No. 2004-68,the resolution of intention with respect to the establishme
of proposed City of Huntington Beach Community Facilities District No.2004-1 (The Strand),Coon
of Orange, State of California, and that a,public hearing on said resolution of intention and wi
respect to the establishment of said community facilities district will be held at 7:00 p.m.
September 20, 2004, in the City. Council Chambers located at the City.Hall, 2000 Main Strei
Huntington Beach,California.
Resolution No.2004-68 provides in summary as follows:
PROOF , 1.The name proposed for the community facilities district is"City of Huntington Beach Communi
O F PUBLICATION Facilities District No.2004-1(The Strand),County of Orange,State of California."
•2. The boundaries of the proposed community facilities district are described and shown on t
map entitled "Boundaries of City of Huntington Beach Community Facilities District No. 2004
(The Strand);County of Orange,State of California,"which is on file with the City Clerk.
3. The types of public facilities proposed,to be provided for and financed by the propos
community facilities district are:
STATE OF CALIFORNIA) (a) Street improvements including costs of condemnation, removal, demolition, gradir
paving,curbs and gutters,sidewalks,street lights and parkway and landscaping related thereto.
(b)_ Storm drains.
i l.j, (c)..c:Sewersisewer.treatment facilities andisewercapacity,acquisition., - -
s.S. (d) Public parking facilities including a'parking structure.
COUNTY OF ORANGE ( ) Water distribution facilities,including fire hydrants and water storage facilities.
' (f) Street signalization and signage,including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction'and relocation. I
0) Acquisition of land, rights-of-way and easements ney
specified in paragraphs(a)through(h)above. e�ary for any of the faciliti
am a Citizen of the United States and a
(j) The incidental expenses which will be incurred-ad(i)the cost ofengineering,planni
and designing such facilities and the cost of environmental evaluations thereof,.(ii) all coy
associated with the creation of the proposed community facilities district, issuance of the bon
resident of the County aforesaid; I am thereof, the determination of the amount of and collection of taxes, the payment of taxes,
over the age of eighteen years, and not a costs otherwise incurred in order to carry out the authorized purposes of the community faciliti
district, and (iii) any other expenses incidental to the construction, acquisition, completion,'ai
party to or interested in the below entitled , 4. Special taxes
axesuch facilities.
4. Special taxes sufficient to pay for all such facilities, to pay the principal of and interest
matter. I am the bonds of the proposed community facilities district and the annual administrative expenses
a principal clerk of the the City and the proposed community facilities district in determining, apportioning, levying a
HUNTINGTON BEACH INDEPENDENT collecting such special taxes, and in paying the principal of and interest on such bonds, and t
costs of registering, exchanging and transferring such bonds, secured by the recordation of
continuing lien against-all taxable or nonexempt property in the proposed community facilit
a newspaper Qf district, and-maintaining a reserve fund for such bonds, and paying any amounts that must
general circulation, paid to the United States in order to preserve the tax exempt status of such.bonds shall
printed and published in the City of annually levied within the proposed community facilities district. The rates and method
apportionment of said special taxes shall be as set forth in Exhibit "B" to Resolution No. 2004-1
Huntington Beach, County
The maximum amounts of special taxes which may be annually levied on parcels within i
of Orange proposed community facilities district which are used for private residential purposes are as folloi
State of California, and that attached MAXIMUM SPECIAL TAX
1 The Maximum Special Tax for the leasehold interests in Taxable Property in CFD No: 200,
shall be the greater of (1) $590,000 per Acre if a tract or parcel map for airspace condomini
has not been recorded or(2)the amount determined pursuant to the following steps:
Notice Is a true and complete copy as . Step 1:Determine the maximum annual debt service on all Outstanding Bonds;
was printed and published In the Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add the Administrat
Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square footage of the He
Huntington Beach Issue of said Airspace Assessor's Parcel to determine the Maximum Special Tax per square foot for the.H1
newspaper to wit the Issue(s) of. Airspace 4Ass Multiply
Parcel;
Step 4i Multiply the amount from Step 2 by 0.4 and divide by the square footage of the Re
Airspace Assessor's Parcel to determine the Maximum Special Tax per square foot for the Re
Airspace Assessor's Parcel.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City Cou
shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable Property at up
September 2 , 2004 100% of the Maximum Special Tax, as determined by the paragraph, above, as needed to sat
the Special Tax Requirement.
5. The officers of the City who.will.be responsible for.providing the proposed types of pu
facilities to be provided within and financed by the proposed community facilities district, if i
established, shall-study the proposed district, and, at or before the time of said hearing, fil
report or reports with the City Council containing a brief description of'the public facilities
type which-will in their opinion be required to adequately meet the needs of the proposed commu
facilities district and their estimate of the fair and reasonable cost of providing those pu
facilities and the incidental expenses to be incurred in connection therewith. Such reports s
be made a part of the record of the hearing.
6.Other property within the boundaries of the City may be annexed into the proposed"commu
facilities district upon the condition that parcels within that territory may be annexed only r
a,' the unanimous approval.of the owner or owners of each parcel or parcels at the time that pa
declare, under p or those parcels are annexed. .
penalty of perjury, that 7. The consolidated special elections on (i) the proposition of the proposed community facili
the foregoing is true and correct. district incurring a bonded indebtedness in an amount not to exceed$15,000,000(ii)the proposi
with respect to the levy of special taxes on the land within.the community facilities distric
pay the principal of and interest on the bonds thereof, and (iii) the proposition with respec
the establishment+of an appropriations limit for the community facilities district in the amoun
$4,000,000,if the community facilities district is established and such consolidated special elect
Executed on (the"consolidated special elections")are held,shall be conducted as a mail ballot election.
September 2 r 2004 If at least 12 persons have been registered to vote within the territory of the proposed commu
at Costa Mesa, California. facilities district for each of the 90 days preceding the close of the public or protest hearing,
vote in the consolidated special elections shall be by the registered voters of the commu
facilities district with each voter having one vote. In that event, the consolidated special elect
shall be conducted by the.Registrar of Voters of the County of Orange and shall be held c
date selected by the City Council and the ballots for the consolidated special elections shal
distributed to the qualified electors of the community facilities district by mail with return pos
prepaid,and the consolidated special elections shall be conducted as a mail ballot election.
If at the time of the close of the protest hearing less than 12 persons have been registere
vote within the territory of the community facilities district, the vote shall be by the landow
Signature 00he community facilities district, with each landowner of record at the close of the prc
hearing having one vote for.each acre or portion of an acre of land that he or she owns w
the community facilities district. In that event,the consolidated special elections shall be condo
by the City Clerk. -
1'he ballots for the consolidated special elections shall be distributed to the qualified elector
the City Clerk.by mail with return postage prepaid, or by personal service. The City Clerk
mail to each qualified elector an official ballot, and shall also mail to all such qualified elec
other required election documents, including a return identification envelope with prepaid pos
/ thereon addressed to the City Clerk for the return of voted official ballots.
Resolution No. 2004-68 contains other provisions which are not summarized above. A cop
Resolution No.'2004-68 may be reviewed or obtained.at the office of the City Clerk of the
of Huntington Beach,2000 Main Street,Huntington Beach,California.
NOTICE IS FURTHER GIVEN that at the hearing the testimony of all interested persons or taxpt
for or against the establishment of the community facilities district, the.extent of the distric
the furnishing of specified types of public facilities or services will be heard. If 50 percer
more of the registered voters, or six registered voters, whichever_is more, residing withir
territory proposed to be included in the proposed-community facilities district or the owne:
one-half or more of the area of the land in said territory and not exempt from the levy of sr
taxes, file written protests against the establishment of the proposed community facilities dis
and protests are not withdrawn so as to reduce the value of the protest to less than a maji
no further proceedings to create the community facilities district or to levy the specified sf
taxes shall be taken for a period of one year frnm_ttt—date of the decision.of the-City Co
IF"maionityQpraresrs6f�t:rfed`vdfers-or of the landowners are only against the turn
of a specified type or types of public facilities or services,within the community facilities dis
or against levying a specified special tax, those types of facilities or services or the spec
special tax will be eliminated from the resolution of formation establishing the community faci
district.
DATED:August 30,2004.
/s/Joan Flynn,City Clerk of the City of Huntington Beach
Published Huntington Beach Independent September 2,2004 09
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss. -
NOTICEOFHEARINGON 3. All non-exempt
COUNTY OF ORANGE ) RESOLUTION DECLARING parcels of taxable.
Property within the
NECESSITY TO INCUR proposed community
facilities district shall be
BONDED INDEBTEDNESS FOR 'subject to the levy' of
am a Citizen of the United States and a PROPOSED CITY OFHUN- special taxes to pay the
TINGTON BEACH(OMMU- ''onnthe l of and agg aggregate interest
of the County aforesaid; I am NITY FACILITIES DISTRICT r cipal amount of the
NO. HESTRAND bonds of the community
over the age of eighteen years, and not a � facilities district which
NOTICE IS HEREBY may be issued and sold
party to or interested in the below entitled GIVEN that at 7:00 p.m, to finance public facili-
I on September 20, 2004, ties which e of benefit
matter. I am a principal clerk of the the City Council of the to parcels are
property
City of Corona will within the community
HUNTINGTON BEACH INDEPENDENT conduct a hearing facilities public he.
, ! Resolution No. 2004 69,, q, q public hearing on
adopted by said City' the proposed bonded
a . newspaper of general circulation, Council on August 16,, indebtedness for .said
2004,in the City Council i proposed community
printed and published in the City of Chambers, located at I facilities district shall be
2000 Main Street, Hun- held at 7:00 p.m. on
Huntington Beach, County of Orange, tington Beach, Califor- September 20, 2004, in
nia. Said resolution the City Council Chain-
State of California and that attached determines that it is tiers located at o
, necessary,for proposed Main Street, Huntingtgtonn
City of Huntington Beach Beach, California. Said
Notice is a true and complete copy as Community Facilities hearing shall be con-
District No.2004 1 (The ducted concurrently with
was printed and published in the Strand), County of the 'hearing on 'the
Huntington Beach issue of said Riverside, State of, establishment the
California, incur proposed community
bonded indebtedness in facilities district.
newspaper to wit the Issue(s) of: the aggregate principal NOTICE IS FURTHER
amount of$15,000,000. GIVEN that at the time
Resolution No.2004 69 'and place of said hearing
provides in summary as all. interested persons,
follows: t including all persons
1. The City Council owning property in the
September 2 , 2004 declares that it is proposed community
necessary that bonded facilities district, for or
indebtedness be incurred against the proposed
by and for proposed City bonded indebtedness,
of Huntington Beach will be heard.
Community' Facilities DATED: August 30 ,
District No. 2004 1 (The 2004. .
Strand), County 'of /s/Joan Flynn
Orange, -State of Cali- City Clerk of the Cit of
fornia, in an aggregate Huntington Beach.
principal amount not to Published Huntington.
exceed $15,000,000 for Beach Independent
the purpose of financing September 2,2004
1 declare, under penalty of perjury, that the design, acquisition, 091-961
construction, equipping
and furnishing of the
the foregoing is true and correct. public facilities de-
scribed in Resolution No.
200468.
2. The amount of the
proposed b'66ded in-
Executed on September 2 , 2004 debtedness shall include
all costs and estimated.
at Costa Mesa California. costs incidental to, or
f connected 'with, the
accomplishment of the
purposes for which,the
proposed bonded in-
debtedness is to be
incurred, including, but
not. limited,.to, the
Signature estimated costs of
construction.and acqui-
sition of the public
facilities which are
proposed to be provided
,within and for the
proposed community J/
facilities district.
RESOLUTION NO. 2004-68
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH WITH RESPECT
TO ESTABLISHMENT OF PROPOSED CITY OF
HUNTINGTON.BEACH COMMUNITY
FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
WHEREAS, the City Council (the "City Council") of the City of Huntington Beach may,
by its own initiative, institute proceedings for the establishment of a community facilities district
pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the City
of Huntington Beach and Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community
Facilities Act of 1982," for the purposes of constructing and financing through the sale of bonds
the construction, acquisition, furnishing and equipping of public facilities which are necessary to
meet increased demands placed upon the City as a result of the development of said real
property; and
WHEREAS, the City Council desires to issue bonds of the proposed community facilities
district,the proceeds of which will be used to pay the cost of acquisition,construction, furnishing
equipping and maintenance of public facilities; and
WHEREAS, the bonds will be repaid from special taxes to be levied on the real property
within the proposed community facilities district, as more fully described herein;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, the following:
Section 1. Findings. The City Council finds that the foregoing recitals are true and
correct;
Section 2. Proposed District. A community facilities district is proposed to be
established under the terms of Chapter 3.56 (commencing .with. Section 3.56.010) of the
Municipal Code of the City of Huntington Beach and Chapter.2.5 (commencing with Section:
53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known
as the "Mello-Roos Community Facilities Act of 1982" The name proposed for the community
facilities district is "City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand) County of Orange, State of California."
Section 3. Description and Map of Boundaries. The boundaries of the proposed
community facilities district, are described in Exhibit "A" attached hereto, and are also shown on
the map entitled "Proposed Boundaries of City of Huntington Beach Community Facilities
District No. 2004-1 (The Strand) County of Orange, State of California," which is on file with
the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and
G:Vslulvihillhtilise�Redevelopment AgencylThe Strand-ResoIntention.DOC 1
Wection
Highways Code, the Ci Clerk shall, after conforming with the other requirements of
3111 of said Code, file tie original of said map in her office, and not later than ten(10) da ys
prio—r,to the date of the public hearing set forth in Section 8 hereof shall record a copy of said
boundary map with the Count Recorder of the County of Orange.
Section 4: Types of Facilities; Incidental Expenses.
The types of public facilities and services proposed to be provided within
and financed by,the proposed community facilities district are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street lights and parkway and
landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
(i) Acquisition of land, rights-of-way and easements necessary for any
of the facilities specified in paragraphs (a) through (h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of environmental
evaluations thereof, (ii) all costs associated with the creation of the proposed community
facilities district, issuance of the bonds thereof, the determination of the amount of and
collection of taxes; the payment of taxes, and costs otherwise incurred in order to carry .
out the. authorized purposes of the community facilities district, and (iii) any other
expenses incidental to the construction, acquisition, completion, inspection, and
maintenance of such facilities. 1
Section 5. Special Taxes. Except where funds are otherwise available, special taxes
sufficient to pay for all such facilities and to pay the principal of and interest on the bonds of the
proposed community facilities district and the annual administrative expenses of the City and the
proposed community facilities district in determining, apportioning, levying and collecting such
special taxes, and in paying the principal of and interest on such bonds, and the costs of
registering, exchanging and transferring such bonds, secured by the recordation of a continuing
lien against all taxable or nonexempt property in the proposed community facilities district, and
GAN4ulvihilIWisc\Redevelopment Agency\The Strand-Resolntention.DOC2
maintaining a reserve fund for such bonds, and paying any amounts that must be paid to the
United States in order to preserve the tax-exempt status of such bonds shall be annually levied
within the proposed community facilities district. The rates and method of apportionment of said
special taxes shall be as set forth in Exhibit "B" attached hereto and by this reference made a part
hereof.
Section 6. Exempt Properties. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal, and local governments not subject
to a leasehold interest shall be exempt from the levy of special taxes for the payment of the
principal of and interest on the bonds of the proposed community facilities district.
Section 7. Necessity. The City Council finds that the proposed public facilities
described in Section 4 hereof are necessary to meet increased demands placed upon the City as a
result of new development occurring within the boundaries of the proposed community facilities
district.
Section 8. Hearing. A public hearing on the establishment of the proposed
community facilities district shall be held at 7:00 p.m. on September 20, 20K in the City
Council Chambers at the City Hall, 2000 Main Street, Huntington Beach, California.
Section 9. Notice. The City Clerk shall publish a notice of the time and place of said
hearing as required by Section 53322 of the California Government Code, and shall also give
notice of the time.and place of said hearing by first-class mail to each registered voter,and to
each. landowner within the proposed community facilities 'district as prescribed:.by Section
53322.4 of said Code. Said notice shall be published at least seven(7) days and mailed at least
fift_ een (15)`days before the date of the hearing, and shall contain the information required by ,
said Section 53322. Jp 1--1 69PY3
C./NE--
Section 10. Reports. The officers of the City who will be responsible for providing
the proposed types of public facilities to be provided within and financed by the proposed
community facilities district, if it is established, shall study the proposed district, and, at or
before the time of said hearing, file a report with the City Council containing a brief description
of the public facilities by type which will in their opinion be required to adequately meet the
needs of the proposed community facilities district and their estimate of the fair and reasonable
cost of providing those public facilities and the incidental expenses to be incurred in connection
therewith. All such reports shall be made a part of the record of the hearing to be held pursuant
to Section 8 hereof.
Section 11. Annexation of Territory. Other property within the boundaries of the City
may be annexed into the Community Facilities District upon the condition that parcels within
that territory may be annexed only with the unanimous approval of the owner or owners of each
parcel at the time that parcel or those parcels are annexed.
Section 12. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section
53314.9 of the California Government Code, the City Council proposes to accept advances of
funds or work-in-kind from private persons or private entities and to provide, by resolution for
the use of those funds or that work-in-kind, for any authorized purpose, including, but not limited
G:\Mulvihill\u\lisc\Redevelopment A.-ency\The Strand-Resolntention.DOC3
to, paying any costs incurred by the City in creating the community facilities district and to enter
into an agreement by resolution, with the person or entity advancing funds or work-in-kind to
repay funds advanced, or to reimburse the person or entity for the value or cost, whichever is
less, of the work-in-kind, as determined by the City Council.
Section 13. Description of Voting Procedures. The voting procedures to be followed
in conducting the consolidated special elections on (i) the proposition of the proposed
community facilities district incurring a bonded indebtedness in an amount not to exceed
$15,000,000 (ii)-the proposition with respect to the levy of special taxes on the land within the
community facilities district to pay the principal of and interest on the bonds thereof, and (iii) the
proposition with respect to the establishment of an appropriations limit for the community
facilities district in the amount of$4,000,000, if the community facilities district is established
and such consolidated special elections (the "consolidated special elections") are held, shall be as
follows:
(a) If at least twelve (12) persons have been registered to vote within
the territory of the proposed community facilities district for each of the ninety (90) days
preceding the close of the public or pro-test hearing (the "protest hearing"), the vote in
the consolidated special elections shall be by the registered voters of the community
facilities district with each voter having one vote. In that event, the consolidated special
elections shall be conducted by the City Clerk, and shall be held on a date selected by the
City Council in conformance with the provisions of Section 53326 of the California
Government Code and pursuant to the provisions of the California Elections' Code
governing elections of cities, insofar as they,may be applicable, and pursuant to said.
Section 53326 the ballots for the consolidated special elections shall be distributed to the
qualified electors of the community facilities district by mail with return postage prepaid
or by personal service, and the consolidated special elections shall be conducted as a mail
ballot election.
(b) If twelve (12) persons have not been registered to vote within the
territory of the community facilities district for each of the ninety;(90) days preceding the
close of the protest hearing, and pursuant to Section 53326 of the California Government
Code, the vote is therefore to be by the landowners or owners of the leasehold interest in
the land (as defined in Section 3.56.070 of the Municipal Code of the City of Huntington
Beach) of the community facilities district, with each landowner or leaseholder of record
at the close of the protest hearing having one vote for each acre or portion of an acre of
land that he or she. owns within the community facilities district; the consolidated special
elections shall be conducted by the City Clerk pursuant to the Municipal Code of the City
of Huntington Beach and Section 53326 of the California Government Code.
Section 14. Tender of Bonds. This City Council hereby reserves the right, on behalf
of the proposed community facilities district to accept tenders of bonds in full or partial payment
of special taxes to be levied within the proposed community facilities district pursuant to Section
3.56.320 of the Municipal Code of the City of Huntington Beach.
The procedures for conducting the consolidated special elections, if they are held,
may be determined as the City Council may determine to be necessary or desirable by a
GAMu1vihi11\Misc\Redeve1opment Agency\The Strand-Resolntentlon.DOC4
resolution subsequently adopted by the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 16th day of August , 2004.
A-day=Ew OEM%
ATTEST: APPROVED AS TO FORM:
r\� n
Ci Clerk ty Attorney
a
REVIEWED AND APPROVED: INITIATED AND APPROVED
/City Ad inistxator Dir Econ6mic Development
Director of Public Works
GAMulvihill\Misc\Redevelopment Agency\The Strand-Reso[ntention.D005
EXHIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
COUNTY OF ORANGE
City of Huntington Beach Community Facilities District No. 2004-1 (The Strand),
County of Orange, State of California, includes the land situated in the State of California,
County of Orange, City of Huntington Beach, described as follows:
G:Nu1vihi11Wisc\Redeve1opment Agency\The Strand-ResoIntention.DOC6
EXt`f781T � '
PSOMAS
1 LEGAL DESCRYMON
2 Proposed Boundaries of City of Huntington Beach
3 Community Facilities District No.2004-1 (The Strand) . .
4 County of Orange,State of California
5
6 In the City of'Huntington Beach, County of'Orange, State of*California,being Lots 10,
7 12, 14, 16, 18,20,22,24,26,28, a portion of Lot 9 and a portion of the alleys adjacent to
8 said Lots,in Block 104;Lots 1 through 21,inclusive,23,25,27,and a portion of the
9 alleys adjacent to said Lots,in Block 105;together with that portion of Fifth Street
10 adjacent to said Blocks 104 and 105, all as shown on Map of Huntington Beach filed in
i
11 Book 3,Page 36 of Miscellaneous Maps,Records of'said County described as follows:
12
13 Beginning at most easterly comer of said Lot 28; thence South 41°37'44"West
14 225.10 feet along the northwesterly line of the Alley, 15 feet wide,within said Block 104,
15 to the most southerly corner of Lot 12 of'said Block 104;thence North_48°22'14".West
16 67.31 feet along the southwesterly line bf said Lot 12 to the northeasterly.prolongation of;
17 the northwesterly line of the Deed recorded October- 10, 1990 as Instrument
1s No.. 90-538988,of Official Records of said County;thence South 41°37'10"West
i
19 125..05 feet along said prolongation and said northwesterly line to the northeasterly line
j
20 of Pacific Coast Highway(Ocean Avenue), 100.00 feet wide,per the Map of Huntington
i
21 Beach,filed in Book 3,Page 36 of Miscellaneous Maps,Records of'said County;thence i
22 North 48°21'52"West 359.91 feet along said northeasterly line to the southeasterly line
23 of Sixth Street,75 feet wide as shown on said Map of Huntington Beach;thence North
24 41°37'11"East 250.03 feet along said southeasterly line to the most northerly corner of
25 Lot.20 of'said Block 105;thence `.
26 South 48°22'50"East 125.07 feet along the northeasterly line of said Lot 20 and the
27 southeasterly prolongation thereof to the centerline of the Alley, 15 feet wide,within said
28 Block 105;thence North 41037'11"East 100.01 feet along said centerline to the
29 southwesterly line of Walnut Avenue,60 feet wide as shown on said Map of'Huntington
30 Beach;thence South 48°22'50"East 302.58 feet along said southwesterly line to the
31 POINT OF BEGLN ING.
M:\2HUN011300\survcyUegals\I'mct_No_16400 Rev doc Page l of2
8/3/2004 4:48 PM
pxrt�B�T 'H
PS OMAS
1 Containing 2.956 acres,more or less.
2
.3 This real property description has been prepared by me or under my direction,in
4 confo ance with the Professional Land Surveyors' Act:
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8 PSOMAS
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M:\2HUN021300\survey\legals\Tract_No_16406-Rev doe Page 2 of 2
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ExH1 B07 h
PROPOSED BOUNDARIES OF ACCEPTED MIDAT THE FILED
CITYOF HUNTINGTON BEACH REQUEST OF CDY OF M}T.NGTp/BEACH
COMMUNITY FACILITIES DISTRICT DATE
THE FEET
No. 2004-1 BOCK PAS
(THE STRAND) FILED THIS °AYOF 2000.
AT THE HOUR OF__O-CLOCK
COUNTY OF ORANGE ASSESSMENTA COM WTYF PS IN BCM_PAGE MAOF
DISTRICTS N THE OFFICE OF THE COUNTY
STATE OF CALIFORNIA " RECORDER OF THE COUNTY OF ORANGF,
. - ... STATE OF CALFORNIIrI -
_ .TOM DALY -
. COUNTY CIERXRECOROER -
DEPUTY
WALNUT I AVENUE
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GPS SOURI BEING NORTH 7J7725'WEST PER RECORDS ON.
. - - FILE N THE OFFICE OF THE ORANGE COUNTY AAiVEYOR.
LOCATION MAP
FILED N THE OFFICE OF THE CITY CLERK yP 4 N
OF THE CITY OF HUNTINGTON BEACH THIS J
DAY OF 2004. ns.
I I
AOA N L FLYNN.THE CITY CLERK OF THE
CITY OF HUNTINGTON BEACH, i SI I
1 HEREBY CERTIFY THAT THE WITHIN
x
SNOWING THE BOUNDARIES OF THE CITY sI N
OF HUNTINGTON BEACH COMMUNITY j' aQy
FACILITIES DISTRICT NO.20041 THE
EAM
STRAND)COUNTY OF ORANGE.STATE OF P.— r rs I
CALIFORNIA WAS APPROVED BY THE CITY
COUNCL OF THE CITY OF HUNnNGTON �1 r
B AT A REGULAR MEETING THEREOF
HELD ON THE DAY OF ag i� 5ro..
2004 BY ITS RESOLUTION '\
0 60' 120' 240' S�EC7 —
CITY OF HHUNNTINGTON BBEEACH CLERK Of THE GRAPHIC SCALE
SHEET 1 OF 1
EXHIBIT B
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF
THE SPECIAL TAX
(Attached)
GAMulvihill\Misc\Redevelopment Agency\The Strand-Resolntention.DOC7
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps,the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982,-as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California_
Administrative. Expenses means any or all of.the following actual or reasonably
estimated costs directly related to the administration of CFD No..2004-1 the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator, means.the Director,of Administrative Services or such other person or
entity designated by the Administrator or.the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor'.s Parcel Map means an official map of the. Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that certain Second
Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
7/26/2004 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of.an airspace condominium parcel
map), the maximum back-up Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Taxis $590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the`issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii)to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
7/26/2004 3
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposes, or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps,the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the trustee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
' The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
7/26/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 1.00% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and 'make
determinations relative to the annual administration of the Special Tax and;any appeals;
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
7/26/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:,
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
7/26/2004 6
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intended to.be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the "Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the`date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8, less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
7/26/2004 7
I l.' From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property 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 =(PH xF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.l, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax.
G the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
7/26/2004 8
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied.on such Assessor's Parcel pursuant to Section.D.
7/26/2004 9
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON )
BEACH )
I, Joan L. Flynn, City Clerk of the City of Huntington Beach, hereby certify
this to be a true and correct copy of Resolution Number 2004-6$
Witness my hand and the seal of the City of Huntington Beach this 16thday of
August , 2004.
z
City Clerk
i
G:\Nlulvihill\Misc\Redevelopment Agency\The Strand-Resolntention.DOC8
Res. No. 2004-68
a►
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the.affirmative vote of at least a, majority of all the members of
said City Council at an regular meeting thereof held on the 16th`day of
August, 2004 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: Hardy
ABSTAIN: None .
ity Clerk and ex-off o Clerk of the
City Council of the City of
Huntington Beach, California
RESOLUTION NO. 2004-69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DECLARING NECESSITY FOR PROPOSED CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2004-1 (THE STRAND)
TO INCUR A BONDED INDEBTEDNESS
WHEREAS, pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the
Municipal Code of the City of Huntington Beach and Section 53321 of the California
Government Code, the City Council (the "City Council") of the City of Huntington Beach (the
"City") has adopted a resolution of intention to establish proposed City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand) of the County of Orange, State of
California, for the purpose of providing and financing public facilities which are necessary to
meet increased demands placed upon the City as a result of development which will occur within_
said proposed community facilities district; and
WHEREAS, the City Council desires to issue bonds of the proposed community facilities
district, the proceeds of which will be used for purposes of construction, acquisition, furnishing
and equipping of public facilities; and
WHEREAS, the City Council has determined that it is necessary for said proposed
community facilities district to incur a bonded.indebtedness to construct, acquire, furnish.and
equip the public facilities; and
WHEREAS, the repayment of the bonds are to be secured by special taxes levied on all
property in the proposed community facilities district.
NOW, THE IT IS HEREBY RESOLVED by the City,Council of the City of
Huntington Beach,the following:
Section 1. Bonded Indebtedness. The City Council of the City of Huntington Beach
declares that it is necessary that a bonded indebtedness be incurred by and for the proposed City
of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange,
State of California, in an amount not to exceed $15,000,000.00 for the purpose of financing the
design, acquisition, construction, equipping and furnishing of the public facilities described in
the resolution of intention with respect to the establishment of said community facilities district. ;
heretofore adopted by the City Council.
Section 2. Costs Included. The amount of the proposed indebtedness shall include all
costs and estimated costs incidental to, or connected with, the accomplishment of the purposes
for which the proposed bonded indebtedness is to be incurred, including, but not limited to, the
estimated costs of construction, acquisition, equipping and furnishing of the public facilities
which are proposed to be provided within and for the proposed community facilities district,
acquisition of land and rights of way, satisfaction of contractual obligations relating to expenses
or the advancement of funds for expenses existing at the time the bonds are issued, architectural,
engineering, inspection, legal, appraisal, fiscal and financial consultant fees, bond and other
GAMulvihilJ\Misc\RedeveJopment A,ency\Strand-ResoNecessity.DOC 2 I
reserve funds, discount fees, interest on any bonds of the proposed community facilities district
due and payable prior to the expiration of one year from the date of completion of the
construction, acquisition, equipping and furnishing of the public 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.
Section 3. Payment of Bonded Indebtedness. All non-exempt parcels of property
within the proposed community facilities district shall be subject to the levy of special taxes to
pay the principal of and interest on the bonds thereof which may be issued and sold to finance
the design and construction of public facilities described in the Resolution of Intention. The tax
is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of
Intention.
Section 4. Hearing. A public hearing on the proposed bonded indebtedness for said
proposed community facilities district shall be held at 7:00 p.m. on September 20, 2004, in the
City Council Chamber at 2000 Main Street, Huntington Beach, California. Said hearing shall be
conducted concurrently with the hearing on the establishment of said proposed community
facilities district.
Section 5. Notice. The City Clerk shall publish a notice of the time and place of said
hearing pursuant to Section 53346 of the California Government Code, and shall also give notice
of the time and place: of said hearing by first class mail.to each registered voter and to each
landowner or owner of leasehold interest .in land within the proposed community facilities
district.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of August , 2004.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Vty Attorney
��ZLIJt Y
REVIEWED AND APPROVED: INITIATED
AN/D' APPROVED
bta. (i oef
ity Ad inistrator Di for o nomic Develop nt
Director of Public Works
GAMulvihi[Wisc\Redevelopment Agency\Strand-ResoNecessity.DOC 2 2
f
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON )
BEACH )
I, Joan L. Flynn City Clerk of the City of Huntington Beach, hereby certify
this to be a true and correct copy of Resolution Number 2004-69.
Witness my hand and the seal of the City of Huntington Beach this 16th day of
August , 2004.
City Cl
G:\Mulvihill\MiscUtedevelopment Agency\Strand-ResoNecessity.DOC 2 3
Res. No. 2004-69
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an`regular meeting thereof held on the 16th day of
August, 2004 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: Hardy
ABSTAIN: None
C&i
Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
0 CITY OF HUNTINGTON BEACH
Inter-office Communication
Economic Devel ment Department
To: Honorable Mayor and City Council Members
VIA: Penelope Culbreth-Graft, City Administrator
From: David C. Biggs, Director of Economic Development
Date: September 20,2004
Subject: Item No. D-2 Public Hearing on The Strand Community
Facilities District No. 2004-1
Economic Development is requesting that the City Council open the Public
Hearing on Item D-2 on The Strand Community Facilities District and continue it
to the meeting of November 15, 2004. This additional . time will allow the
completion of some procedural steps that are necessary for the proper formation
of the CFD.
I would be happy to answer any questions you might have regarding this
continuance.
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In 14'iL/sU 6 ,d 0 rt1 e-- a v /46 / o �
NOTICE OF HEARING ON RESOLUTION OF INTENTION
TO ESTABLISH PROPOSED CITY OF HUNTINGTON
BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
NOTICE IS HEREBY GIVEN that on August 16, 2004, the City Council of the City of
Huntington Beach adopted Resolution No. 2004-68, the resolution of intention with respect to
the establishment of proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The.Strand), County of Orange, State of California, and that a public hearing on said
resolution of intention and with respect to the establishment of said community facilities district
will be held at 7:00 p.m. on September 20, 2004, in the City Council Chambers located at the
City Hall, 2000 Main Street, Huntington Beach, California.
Resolution No. 2004-68 provides in summary as follows:
1. The name proposed for the community facilities district is "City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of
California."
2. The boundaries of the proposed community facilities district are described and
shown on the map entitled "Boundaries of City of Huntington Beach Community Facilities
District No, 2004-1 (The Strand), County of Orange, State of California," which is on file with
the City Clerk.
3. The types of public facilities proposed to be provided for and financed by the
proposed community facilities district are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street lights and
parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Public parking facilities including a parking structure.
(e) Water distribution facilities, including fire hydrants and water storage
facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
E C:\Documents and Settings\barbara.skinner\Local Settings\Temporary Initemet Files\OLK73\RV_PUB-678684-vl-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
i
(i) Acquisition of land, rights-of-way and easements necessary for any of the
facilities specified in paragraphs (a) through (h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the .
`creation of the proposed community facilities district, issuance of the
bonds thereof, the determination of the amount of and collection of taxes,
the payment of taxes, and costs otherwise incurred in order to carry out the
authorized purposes of the community facilities district, and (iii) any other
expenses incidental to the construction, acquisition, completion, and
inspection of such facilities.
4. Special taxes sufficient to pay for all such facilities, to pay the principal of and
interest on the bonds of the proposed community facilities district and the'annual administrative
expenses of the City and the proposed community facilities district in determining, apportioning,
levying and collecting such special taxes, and in paying the principal of and interest on such
bonds, and the costs of registering, exchanging and transferring such bonds, secured by the
recordation of a continuing lien against all taxable or nonexempt property in the proposed
community facilities district, and maintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the United States in order to preserve the tax-exempt status of such
bonds shall be annually levied within the proposed community facilities district. The rates and
method of apportionment.of said special.taxes shall be.as set forth in Exhibit"B" to Resolution
No. 2004-68. The maximum ainounts of special taxes which may be annually levied on parcels
within the proposed community facilities district which are used for private residential purposes
are as follows:
MAXIMUM SPECIAL TAX
The Maximum Special Tax for the leasehold interests in Taxable Property in CFD No.
2004-1 shall be the greater of (1) $590,000 per Acre if a tract or,parcel map for airspace
condominium has not been recorded or (2) the amount determined pursuant to the following
steps: -
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2'. Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
CADocuments and Settings\barbara.skinner\Local Settings\Temporary h2emet Fi1es\0LK73\RV_PUB-678684-vl-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with.Fiscal Year 2006-2007, and for each Fiscal Year thereafter„the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable Property
at up to 100% of the Maximum Special Tax, as determined by the paragraph, above, as needed to
satisfy the Special Tax Requirement.
5. The officers of the City who will be responsible for providing the proposed types
of public facilities to be provided within and financed by the proposed community facilities
district, if it is established, shall study the proposed district, and, at or before the time of said
hearing, file a report or reports with the City Council containing a brief description of the public
facilities by type which will in their opinion be required to adequately meet the needs of the
proposed community facilities district and their estimate of the fair and reasonable cost of
providing those public facilities and the incidental expenses to be incurred in connection
therewith. Such reports shall be made a part of the record of the hearing.
6. Other property within the boundaries of the City may be annexed into the
proposed community facilities district upon the condition that parcels within that territory may
be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at
the time that parcel or those parcels are annexed.
7. The consolidated special elections on (i) the proposition of the proposed commu-
nity facilities district incurring a bonded indebtedness in an amount not to exceed $15,000,000
(ii) the proposition with respect to the levy of special taxes on the land within the community
facilities district to pay the principal of and interest on the bonds thereof, and(iii) the proposition
with respect to the establishment of an appropriations limit for the community facilities district in
the amount of $4,000,000, if the community facilities district is established and such
consolidated special elections (the "consolidated special elections") are held, shall be conducted
as a mail ballot election.
If at least 12 persons have been registered to vote within the territory of the proposed
community facilities district for each of the 90 days preceding the close of the public or protest
hearing, the vote in the consolidated special elections shall be by the registered voters of the
community facilities district with each voter having one vote.. In that event, the consolidated
special elections shall be conducted by the Registrar of Voters of the County of Orange and shall
be held on a date selected by the City Council and the ballots for the consolidated special
elections shall be distributed to the qualified electors of the community facilities district by mail
with return postage prepaid, and the consolidated special elections shall be conducted as a mail
ballot election.
If at the time of the close of the protest hearing less than 12 persons have been registered
to vote within the territory of the community facilities district, the vote shall be by the
landowners of the community facilities district, with each landowner of record at the close of the
protest hearing having one vote for each acre or portion of an acre of land that he or she owns
CADocuments and Settings\barbara.skinner\L.ocal Settings\Temporary h3emet Files\0LK73\RV_PUB-678684-vl-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
within the community facilities district. In that event, the consolidated special elections shall be
conducted by the City Clerk.
The ballots for the consolidated special elections shall be distributed to the qualified
electors by the City Clerk by mail with return postage prepaid, or by personal service. The City
Clerk shall.mail to each qualified elector an official ballot, and shall also mail to all such
qualified electors other required election documents, including a return identification envelope
with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots.
Resolution No. 2004-68 contains other provisions which are not summarized above. A
copy of Resolution No. 2004-68 may be reviewed or obtained at the office of the City Clerk of
the City of Huntington Beach, 2000 Main Street, Huntington Beach, California.
NOTICE IS FURTHER GIVEN that at the hearing the testimony of all interested persons
or taxpayers for or against the establishment of the community facilities district, the extent of the
district, or the furnishing of specified types of public facilities or services will be heard. If 50
percent or more of the registered voters, or six registered voters, whichever is more, residing
within the territory proposed to be included in the proposed community facilities district or the
owners of one-half or more of the area of the land in said territory and not exempt from the levy
of special taxes, file written protests against the establishment of the proposed community
facilities district, and protests are not withdrawn so as to reduce the value of the protest to less
than a majority, no further proceedings to create the community facilities district or to levy the
specified special taxes shall be taken for a period of one year from the date of the decision of the
City Council. If majority protests of the registered voters or of the landowners are only'against
the furnishing of a specified type or types of public facilities or services within the community
facilities district, or against levying a specified special tax, those types of facilities or services or
the specified special tax will be eliminated from the resolution of formation establishing the
community facilities district.
DATED: August 30, 2004.
/s/
Joan Flynn,
City Clerk of the City of Huntington Beach
CADocuments and Settings\barbara.skinner\Local Settings\Temporary Ii4emet Files\OLK73\RV PUB-678684-v I-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
.20A),9C-r 6y .6�7-, ZC-Z7
NOTICE OF HEARING ON RESOLUTION DECLARING NECESSITY TO INCUR
BONDED INDEBTEDNESS FOR PROPOSED CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
NOTICE IS HEREBY GIVEN that at 7.00 p.m. on September 20, 2004, the City
Council of the City of Corona will conduct a hearing on Resolution No. 2004-69, adopted
by said City Council on August 16, 2004, in the City Council Chambers, located at 2000
Main Street, Huntington Beach, California. Said resolution determines that it is
necessary .for proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Riverside, State of California, to incur a bonded
indebtedness in the aggregate principal amount of$15,000,000.
Resolution No. 2004-69 provides in summary as follows:
1. The City Council declares that it is necessary that bonded indebtedness be
incurred by and for proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of California, in an aggregate principal
amount not to exceed $15,000,000 for the purpose of financing the design, acquisition,
construction, equipping and furnishing of the public facilities described in Resolution No.
2004-68.
2. The amount of the proposed bonded indebtedness shall include all costs
and estimated costs incidental to, or connected with, the accomplishment of the purposes
for which the proposed bonded indebtedness is to be incurred, including, but not limited
to, the estimated costs of construction and acquisition of the public facilities which are
proposed to be provided within and for the proposed community facilities district.
3. All non-exempt parcels of taxable property within the proposed
community facilities district shall be subject to the levy of special taxes to pay the
principal of and interest on the aggregate principal amount of the bonds of the community
facilities district which may be issued and sold to finance public facilities which are of
benefit to parcels of property within the community facilities district.
4. A public hearing on the proposed bonded indebtedness for said proposed
community facilities district shall be held at 7:00 p.m. on September 20, 2004, in the City
Council-Chambers located at 2000 Main Street, Huntington Beach, California. Said
hearing shall be conducted concurrently with the hearing on the establishment of the
proposed community facilities district.
CADocuments and Settings\barbara.skinner\Local Settings\Temporary Internet Files\OLK73\RV_PUB-678845-vI-Huntington Beach
CFD 2004-1(The Strand)-Notice of Hearing on Resolution Declaring Necessity.DOC
NOTICE IS FURTHER GIVEN that at the time and place of said hearing all
interested persons, including all persons owning property in the proposed community
facilities district, for or against the proposed bonded indebtedness, will be heard.
DATED: August 30 ,2004.
/ s/
Joan Flynn
City Clerk of the City of Huntington Beach
z
CADocuments and Settings\barbara.skinner\Local Settings\Temporary Internet Files\OLK73\RV_PUB-678845-vl-Huntington Beach
CFD 2004-1(The Strand)-Notice of Hearing on Resolution Declaring Necessity.DOC
NOTICE OF HEARING ON RESOLUTION DECLARING NECESSITY TO INCUR
BONDED INDEBTEDNESS FOR PROPOSED CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
NOTICE IS HEREBY GIVEN that at 7:00 p.m. on September 20, 2004, the City
Council of the City of Corona will conduct a hearing on Resolution No. 2004-69, adopted
by said City Council on August 16, 2004, in the City Council Chambers, located at 2000
Main Street, Huntington Beach, California. Said resolution determines that it is
necessary �for proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Riverside, State of California, to incur a bonded
indebtedness in the aggregate principal amount of$15,000,000.
Resolution No. 2004-69 provides in summary as follows:
1. The City Council declares that it is necessary that bonded indebtedness be
incurred by and for proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of California, in an aggregate principal
amount not to exceed $15,000,000 for the purpose of financing the design, acquisition,
construction, equipping and furnishing of the public facilities described in Resolution No.
2004-68.
2. The amount of the proposed bonded indebtedness shall include all.costs
and estimated costs incidental to, or connected with, the accomplishment.of the purposes
for which the proposed bonded indebtedness is to be incurred, including, but not limited
to, the estimated costs of construction and acquisition of the public facilities which are
proposed to be provided within and for the proposed community facilities district.
3. All non-exempt parcels of taxable property within the proposed
community facilities district shall be subject to the levy of special taxes to pay the
principal of and interest on the aggregate principal amount of the bonds of the community
facilities district which may be issued and sold to finance public facilities which are of
benefit to parcels of property within the community facilities district.
4. A public hearing on the proposed bonded indebtedness for said proposed
community facilities district,shall be held at.7:00 p.m. on September 20, 2004, in the City
Council Chambers located at 2000 Main Street, Huntington. Beach, California. Said
hearing shall be conducted concurrently with the hearing on the establishment of the
proposed community facilities district.
CADocuments and Settings\barbara.skinner\Local Settings\Temporary Internet Files\0LK73\RV_PUB-678845-vl-Huntington Beach
CFD 2004-1(The Strand)-Notice of Hearing on Resolution Declaring Necessity.DOC
NOTICE IS FURTHER GIVEN that at the time and place of said hearing all
interested persons, including all persons owning property in the proposed community
facilities district, for or against the proposed bonded indebtedness,will be heard.
DATED: August 30 , 2004.
/s/
Joan Flynn
City Clerk of the City of Huntington Beach
CADocuments and Settings\barbara.skinner\Local Settings\Temporary Internet Files\OLK73\RV_PUB-678845-vI-Huntington Beach
CFD 2004-1 (The Strand)-Notice of Hearing on Resolution Declaring Necessity.DOC
9ld./o
NOTICE OF HEARING ON RESOLUTION OF INTENTION
TO ESTABLISH PROPOSED CITY OF HUNTINGTON
BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
NOTICE IS HEREBY GIVEN that on August 16, 2004, the City Council of the City of
Huntington Beach adopted Resolution No. 2004-68, the resolution of intention with respect to
the establishment of proposed City of Huntington Beach Community Facilities District
No. 2004-1 (The Strand), County of Orange, State of California, and that a public hearing on said
resolution of intention and with respect to the establishment of said community facilities district
will be held at 7:00 p.m. on September 20, 2004, in the City Council Chambers located at the
City Hall, 2000 Main Street, Huntington Beach, California.
Resolution No. 2004-68 provides in summary as follows:
1. The name proposed for the community facilities district is "City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of
California."
2. The boundaries of the proposed community facilities district are described and
shown on the map entitled "Boundaries of City of Huntington Beach Community Facilities
District No. 20044 (The Strand), County of Orange, State of California," which is on file with
the City Clerk.
3. The types of public facilities proposed to be provided for and financed by the
proposed community facilities district are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street lights and
parkway and landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Public parking facilities including a parking structure.
(e) Water distribution facilities, including fire hydrants and water storage
facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
C:\Documents and Settings\barbara.skinner\Local Settings\Temporary lgeret Files\0LK73\RV_PUB-678684-v1-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
(i) Acquisition of land, rights-of-way and easements necessary for any of the
facilities specified in paragraphs (a) through(h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of
environmental evaluations thereof, (ii) all costs associated with the
creation of the proposed community facilities district, issuance of the
bonds thereof, the determination of the amount of and collection of taxes,
the payment of taxes, and costs otherwise incurred in order to carry out the
authorized purposes of the community facilities district, and (iii) any other
expenses incidental to the construction, acquisition, completion, and
inspection of such facilities.
4. Special taxes sufficient to pay for all such facilities, to pay the principal of and
interest on the bonds of the proposed community facilities district and the annual administrative
expenses of the City and the proposed community facilities district in determining, apportioning,
levying and collecting such special taxes, and in paying the principal of and interest on such
bonds, and the costs of registering, exchanging and transferring such bonds, secured by the
recordation of a continuing lien against all taxable or nonexempt property in the proposed
community facilities district, and maintaining a reserve fund for such bonds, and paying any
amounts that must be paid to the United States in order to preserve the tax-exempt status of such
bonds shall be annually levied within the proposed community facilities district. The rates and
- method of.apportionment of said special taxes shall be as set forth in Exhibit''B" to Resolution.
No: 2004=68. The maximum amounts of special taxes which may be.annually levied on parcels
within the proposed community facilities district which are used for private residential purposes
are as follows:
MAXIMUM SPECIAL TAX
The Maximum Special Tax for the leasehold interests in Taxable Property in CFD No.
2004-1 shall be the greater of (1) $590,000 per Acre if a tract or, parcel map for airspace
condominium has not been recorded or (2) the amount determined ,pursuant to the following
steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step l by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
CADocuments and Settings\barbara.skinner\Local Settings\Temporary h2ernet Files\0LK73\RV_PUB-678684-vl-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable.Property
at up to 100% of the Maximum Special Tax, as determined by the paragraph, above, as needed to
satisfy the Special Tax Requirement.
5. The officers of the City who will be responsible for providing the proposed types
of public facilities to be provided within and financed by the proposed community facilities
district, if it is established, shall study the proposed district, and, at or before the time of said
hearing, file a report or reports with the City Council containing a brief description of the public
facilities by type which will in their opinion be required to adequately meet the needs of the
proposed community facilities district and their estimate of the fair and reasonable cost of
providing those public facilities and the incidental expenses to be incurred in connection
therewith. Such reports shall be made a part of the record of the hearing.
6. Other property within the boundaries of the City may be annexed into the
proposed community facilities district upon the condition that parcels within that territory may
be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at
the time that.parcel or those parcels are annexed.
7. The consolidated special elections on (i) the proposition of the proposed commu-
nity facilities district incurring a bonded indebtedness in an amount not to exceed $15,000,000
(ii) the proposition with respect to the levy of special taxes on the land within the community
facilities district to pay the principal of and interest on the bonds thereof, and (iii) the proposition
with respect to the establishment of an appropriations limit for the community facilities district in
the amount of $4,000,000, if the community facilities district is established and such
consolidated special elections (the "consolidated special elections") are,held, shall be conducted
as a mail ballot election.
If at least 12 persons have been registered to vote within the territory of the proposed
community facilities district for each of the 90 days preceding the close of the public or protest
hearing, the vote in the consolidated, special elections shall be by the registered voters of the
community facilities district with each voter having one vote. In that event, the consolidated
special elections shall be conducted by the Registrar of Voters of the County of Orange and shall
be held on a date selected by the City Council and the ballots for the consolidated special
elections shall be distributed to the qualified electors of the community facilities district by mail
with return postage prepaid, and the consolidated special elections shall be conducted as a mail
ballot election.
If at the time of the close of the protest hearing less than 12 persons have been registered
to vote within the territory of the community facilities district, the vote shall be by the
landowners of the community facilities district, with each landowner of record at the close of the
protest hearing having one vote for each acre or portion of an acre of land that he or she owns
CADocuments and Settings\barbara.skinner\Local Settings\Temporary 1113emet Files\0LK73\RV_PUB-678684-vl-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of intention to Establish CFD.DOC
within the community facilities district. In that event, the consolidated special elections shall be
conducted by the City Clerk.
The ballots for the consolidated special elections shall be distributed to the qualified
electors by the City Clerk by mail with return postage prepaid, or by personal service. The City
Clerk shall mail to each qualified elector an official ballot, and shall also mail to all such
qualified electors other required election documents, including a return identification envelope
with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots.
Resolution No. 2004-68 contains other provisions which are not summarized above. A
copy of Resolution No. 2004-68 may be reviewed or obtained at the office of the City Clerk of
the City of Huntington Beach, 2000 Main Street, Huntington Beach, California.
NOTICE IS FURTHER GIVEN that at the hearing the testimony of all interested persons
or taxpayers for or against the establishment of the community facilities district, the extent of the
district, or the furnishing of specified types of public facilities or services will be heard. If 50
percent or more of the registered voters, or six registered voters, whichever is more, residing
within the territory proposed to be included in the proposed community facilities district or the
owners of one-half or more of the area of the land in said territory and not exempt from the levy
of special taxes, file written protests against the establishment of the proposed community
facilities district, and protests are not withdrawn so as to reduce the value of the protest to less
than a majority, no further proceedings to create the community facilities district or to levy the
specified.special taxes shall be taken.fora period of one year from the date.of the decision of the
City Council. -If majority protests of the registered voters or of the landowners are only.against
the furnishing of a specified type or types of public facilities or services'within`the community -
facilities district, or against levying a specified special tax, those types of facilities or services or
the specified special tax will be eliminated from the resolution of formation establishing the
community facilities district.
DATED: August 30, 2004.
/s/
Joan Flynn,
City Clerk of the City of Huntington Beach
C:�Documents and Settings\barbara.skinner\Local Settings\Temporary Iz4ernet Files\OLK73\Rv_PUB-678684-vI-Huntington Beach CFD 2004-
1 -Notice of Hearing on Resoution of Intention to Establish CFD.DOC
I`
-
..
�cc3
J'k. .
ro� � . l -/66s' ec b
f g flsLC7, �- &J.
Council/Agency Meeting Held: /� D
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied � 1 C' erk' Sign e
Council Meeting Date: August 16, 2004 Departme Number: ED 04-20
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION o
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILCD
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City Administrator pS :
PREPARED BY: DAVID C. BIGGS, Director of Economic Development
ROBERT F. BEARDSLEY, PE, Director of Public Worksc J O
SUBJECT: APPROVE RESOLUTIONS ESTABLISHING COMMUNITY FACILITES
DISTRICT NO. 2004-1 (THE STRAND) AND FINDING NECESSITY TO
INCUR BONDED INDEBTEDNESS Q Q
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Through the Disposition and Development Agreement with the
CIM/Huntington,LLC, the City of Huntington Beach and its Redevelopment Agency have an
obligation to assist with the financing of certain public facilities. This can be done most
economically through the establishment of a community facilities district (CFD) and the sale
of bonds to finance public improvements for the project being developed on Blocks 104 and
105 in Downtown in Huntington Beach and known as The Strand.
Funding Source: None as a result of this action (Future bond proceeds not to exceed $15
million).
Recommended Action: MOTION TO:
1) Adopt Resolution No.aoo1,\—\D8 , A Resolution of Intention of the City Council of the
City of Huntington Beach with Respect to Establishment of Proposed City of Huntington
Beach Community Facilities District No. 2004-1 (The Strand) and
2) Adopt Resolution No. A Resolution of the City Council of the City of
Huntington Beach Declaring Necessity for Proposed City of Huntington Beach Community
Facilities District No. 2004-1 (The Strand) to Incur a Bonded Indebtedness.
Alternative Action(s): Do not approve the attached resolutions.
E- \ C)
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: August 16, 2004 DEPARTMENT ID NUMBER: ED 04-20
Analysis: The Disposition and Development Agreement (DDA) was approved by the City
Council and Redevelopment Agency on June 17, 1999. Since then, the Agency has entered
into five Implementation Agreements clarifying some of the terms of the original DDA. On
June 25, 2004, the Redevelopment Agency conveyed the properties to the developer. These
properties encompass a portion of Block 104 and Block 105 in downtown Huntington Beach.
The scope of development includes a 500 space underground parking structure, a 149 room
hotel, plus approximately 110, 000 sq. ft. of commercial and office space.
Under the terms of the DDA, the Agency has pledged to repay the developer for
extraordinary costs associated with development not to exceed $7.9 million. This is referred
to as the Developer's Advance. The Agency has agreed to repay the Developer Advance
from a portion of the project's public revenues including property tax increment, transient
occupancy taxes, and sales taxes over 25 years. The interest rate that this obligation carries
is 10%. However, there is a provision within the DDA that affords the Agency the opportunity
to lower its costs through the issuance of Community Facility District bonds. The rate on the
Developer Advance would be adjusted to reflect the rate of the bonds. Since bond rates are
currently significantly below the 10% rate, this will permit the Agency to save hundreds of
thousands of dollars in annual interest expense. .
This development project requires a substantial amount of public facilities, such as water,
sewer and drainage. In addition to a new.96" diameter storm drain project along 6th Street,
all the utilities (water lines, electrical lines, cable systems and gas lines) running through the
existing properties will be relocated around the project. Fifth Street will also be reconstructed
on top of the underground parking structure. To finance these public improvements, a
community facilities district (CFD) is proposed to be formed under the terms of Chapter 3.56
of the Municipal Code of the City of Huntington Beach and Chapter 2.5 of Part 1 of Division 2
of Title 5 of the California Government Code. This section is most commonly known as
"Mello-Roos Community Facilities Act of 1982." While a CFD is most often used to finance
public infrastructure in new subdivisions on the fringes of urbanized areas, it works equally
well for redevelopment projects within urbanized areas. Most recently in Huntington Beach
the City has formed CFDs for the Hyatt Resort and Spa, Bella Terra and the McDonnell
Center Business Park.
The Huntington Beach Community Facilities District No. 2004-1 is limited to the boundaries
of The Strand project as specified in the Resolution of Intention submitted herewith. A
special property tax sufficient to pay debt service on the bonds based upon the value of the
private improvements to be developed as part of The Strand will be levied on the property
within the District sufficient to retire the bonds. This value will be confirmed by independent
appraisal and will be part of the disclosure in the Official Statement. Under no circumstances
would the City's general fund or any other funds be obligated to pay debt service.
The first of the two attached resolutions ("Resolution of Intention") establishes the boundaries
of the District and defines the types of facilities that may be financed with bond proceeds. It
sets September 20, 2004 as the date for the public hearing on the formation of the District
and requires a notice to be mailed to each registered voter and each landowner within the
D:\Documents and Settings\dapkusp\Local Settings\Temporary Internet Files\OLK80\RCAResoflntention.doc -2-
August 4,2004 2:48 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: August 16, 2004 DEPARTMENT ID NUMBER: ED 04-20
District. The resolution also provides the voting procedures for the election that will
immediately follow the public hearing.
The second resolution ("Resolution of Necessity') makes a finding that there exists a need to
incur a bonded indebtedness in an amount of up to $15 million, the cost of issuance to be
included, that all non-exempt parcels will pay the levy shown in Exhibit "B," and the same
notice provisions as in the first resolution.
Sometime in the future, after the formation of the Community Facilities District, the City
Council will be asked to approve the sale of the bonds to fund the eligible improvements. It is
anticipated that the bond sale will take place no earlier than the end of the year.
Environmental Status: Implementing actions associated with The Strand are covered
under Environmental Impact Report.No. 01-02 adopted October 21, 2002.
Attachments :
City Clerk's
Page Number No. Description
1. Resolution of Intent No. 2004-1 (The Strand). ZQs.Qo'. bO4—t0 g
2. Resolution of Necessity CFD No. 2004-1 The Strand). (Up'. Lt
RCA Author: Gus Duran X1529
G:\Gus\REDEV\CIM104-105\CFD\RCAResoflntention.doc -3- 8/3/2004 3:24 PM
RESOLUTION NO. 2004-68
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH WITH RESPECT
TO ESTABLISHMENT OF PROPOSED CITY OF
HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO.2004-1
(THE STRAND)
WHEREAS, the City Council (the "City Council") of the City of Huntington Beach may,
by its own initiative, institute proceedings for the establishment of a community facilities district
pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the City
of Huntington Beach and Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community
Facilities Act of 1982," for the purposes of constructing and financing through the sale of bonds
the construction, acquisition, furnishing and equipping of public facilities which are necessary to
meet increased demands placed upon the City as a result of the development of said real
property; and
WHEREAS, the City Council desires to issue bonds of the proposed community facilities
district,the proceeds of which will be used to'pay the cost of acquisition,construction,furnishing
equipping and maintenance of public facilities; and
WHEREAS, the bonds will be repaid from special taxes to be levied on the real property
within the proposed community facilities district, as more fully described herein;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, the following:
Section 1. Findings. The City Council finds that the foregoing recitals are true and
correct;
Section 2. Proposed District. A community facilities district is proposed to be
established under the terms of Chapter 3.56 (commencing with Section 3.56.010) of the
Municipal Code of the City of Huntington Beach and Chapter.25 (commencing with Section
53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known
as the "Mello-Roos Community Facilities Act of 1982" The name proposed for the community
facilities district is "City of Huntington Beach Community Facilities District No. 2004-1 (The
Strand) County of Orange, State of California."
Section 3. Description and Map of Boundaries. The boundaries of the proposed
community facilities district, are described in Exhibit "A" attached hereto, and are also shown on
the map entitled "Proposed Boundaries of City of Huntington Beach Community Facilities
District No. 2004-1 (The Strand) County of Orange, State of California," which is on file with
the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and
i
G:Uvlu1vihi1JMsc\Redeve1opment AgencylThe Strand-Resolntention.DOCI
Highways Code, the City Clerk shall, after conforming with the other requirements of Section
3111 of said Code, file the original of said map in her office, and not later than ten (10) days
prior to the date of the public hearing set forth in Section 8 hereof shall record a copy of said
boundary map with the County Recorder of the County of Orange.
Section 4. Types of Facilities; Incidental Expenses.
The types of public facilities and services proposed to be provided within
and financed by,the proposed community facilities district are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street lights and parkway and
landscaping related thereto.
(b) Storm drains.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Parking facilities including parking garage.
(e) Water distribution facilities, including fire hydrants and water
storage facilities.
(f) Street signalization and signage, including traffic fees:
(g) Fire facilities including structures and capital equipment.
(h) Utility facilities construction and relocation.
(i) Acquisition of land, rights-of-way and easements necessary for any
of the facilities specified in paragraphs (a) through(h) above.
(j) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of environmental
evaluations thereof, (ii) all costs associated with the creation of the proposed community
facilities district, issuance of the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry
out the authorized purposes .of the community facilities district, and (iii) any other
expenses incidental to the construction, acquisition, completion,_ inspection, and
maintenance of such facilities.
Section 5. Special Taxes. Except where funds are otherwise available, special taxes
sufficient to pay for all such facilities and to pay the principal of and interest on the bonds of the
proposed community facilities district and the annual administrative expenses of the City and the
proposed community facilities district in determining, apportioning, levying and collecting such
special taxes, and in paying the principal of and interest on such bonds, and the costs of
registering, exchanging and transferring such bonds, secured by the recordation of a continuing
lien against all taxable or nonexempt property in the proposed community facilities district, and
GAMuMhiII\Misc\Redevelopment Agency\The Strand-Resolntention.DOC2
maintaining a reserve fund for such bonds, and paying any amounts that must be paid to the
United States in order to preserve the tax-exempt status of such bonds shall be annually levied
within the proposed community facilities district. The rates and method of apportionment of said
special taxes shall be as set forth in Exhibit "B" attached hereto and by this reference made a part
hereof.
Section 6. Exempt Properties. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal, and local governments not subject
to a leasehold interest shall be exempt from the levy of special taxes for the payment of the
principal of and interest on the bonds of the proposed community facilities district.
Section 7. Necessity. The City Council finds that the proposed public facilities
described in Section 4 hereof are necessary to meet increased demands placed upon the City as a
result of new development occurring within the boundaries of the proposed community facilities
district.
Section 8. Hearing. A public hearing on the establishment of the proposed
community facilities district shall be held at 7:00 p.m. on September 20, 2004, in the City
Council Chambers at the City Hall, 2000 Main Street, Huntington Beach, California.
Section 9. Notice. The City Clerk shall publish a notice of the time and place of said
hearing as required by Section 53322 of the California Government Code, and shall also give
notice of the time and place of said hearing by first-class mail to each registered voter and to
each landowner within the proposed community facilities district as prescribed by Section
53322.4 of said Code. Said notice shall be published at least seven(7) days and mailed at least
fifteen (15) days before the date of the hearing, and shall contain the information required by
said Section 53322.
Section 10. Reports. The officers of the City who will be responsible for providing
the proposed types of public facilities to be provided within and financed by the proposed
community facilities district, if it is established, shall study the proposed district, and, at or
before the time of said hearing, file a report with the City Council containing a brief description
of the public facilities by type which will in their opinion be required to adequately meet the
needs of the proposed community facilities district and their estimate of the fair and reasonable
cost of providing those public facilities and the incidental expenses to be incurred in connection
therewith. All such reports.shall be made a part of the record of the hearing to be held pursuant
to Section 8 hereof.
Section 11. Annexation of Territory. Other property within the boundaries of the City
may be annexed into the Community Facilities District upon the condition that parcels within
that territory may be annexed only with the unanimous approval of the owner or owners of each
parcel at the time that parcel or those parcels are annexed.
Section 12. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section
53314.9 of the California Government Code, the City Council proposes to accept advances of
funds or work-in-kind from private persons or private entities and to provide, by resolution for
the use of those funds or that work-in-kind, for any authorized purpose, including, but not limited
GAMulvihiII\Misc\Redevelopment Agency\The Strand-Resolntention.1)00
to, paying any costs incurred by the City in creating the community facilities district and to enter
into an agreement by resolution, with the person or entity advancing funds or work-in-kind to
repay funds advanced, or to reimburse the person or entity for the value or cost, whichever is
less, of the work-in-kind, as determined by the City Council.
Section 13. Description of Voting Procedures. The voting procedures to.be followed
in conducting the consolidated special elections on (i) the proposition of the proposed
community facilities district incurring a bonded indebtedness in an amount not to exceed
$15,000,000 (ii)-the proposition with respect to the levy of special taxes on the land within the
community facilities district to pay the principal of and interest on the bonds thereof, and (iii) the
proposition with respect to the establishment of an appropriations limit for the community
! facilities district in the amount of$4,000,000, if the community facilities district is established
and such consolidated special elections (the "consolidated special elections") are held, shall be as
follows:
(a) If at least twelve (12)persons have been registered to vote within
the territory of the proposed community facilities district for each of the ninety (90) days
preceding the close of the public or pro-test hearing (the "protest hearing"), the vote in
the consolidated special elections shall be by the registered voters of the community
facilities district with each voter having one vote. In that event, the consolidated special
elections shall be conducted by the City Clerk, and shall be held on a date selected by the
City Council in conformance with the provisions of Section 53326 of the California
Government Code and pursuant to the provisions of the California Elections. Code
governing elections of cities, insofar as they may be applicable, and pursuant to said
Section 53326 the ballots for the consolidated special elections shall be distributed to the
qualified electors of the community facilities district by mail with return postage prepaid
or by personal service, and the consolidated special elections shall be conducted as a mail
ballot election.
(b) If twelve (12)persons have not been registered to vote within the
territory of the community facilities district for each of the ninety (90) days preceding the
close of the,protest hearing, and pursuant to Section 53326 of the California Government
Code, the vote is therefore to be by the landowners or owners of the leasehold interest in
the land (as defined in Section 3.56.070 of the Municipal Code of the City of Huntington
Beach) of the community facilities district, with each landowner or leaseholder of record
at the close of the protest hearing having one vote for each acre or portion of an acre of
land that he or she owns within the community facilities district,the.consolidated special
elections shall be conducted by the City Clerk pursuant to the Municipal Code of the City
of Huntington Beach and Section 53326 of the California Government Code.
Section 14. Tender of Bonds. This City Council hereby reserves the right, on behalf
of the proposed community facilities district to accept tenders of bonds in full or partial payment
of special taxes to be levied within the proposed community facilities district pursuant to Section
3.56.320 of the Municipal Code of the City of Huntington Beach.
The procedures for conducting the consolidated special elections, if they are held,
may be determined as the City Council may determine to be necessary or desirable by a
&WulvihillWisc\Redevelopment Agency\The Strand-Resolntention.DOC4
resolution subsequently adopted by the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 16th day of August , 2004.
a
ATTEST: APPROVED AS TO FORM:
Ci Clerk Attorney jty
REVIEWED AND APPROVED: INITIATED AND APPROVED
ity.Adininistmtor Dir Economic Development
Director of Public Works v
GAMulvihillNisORedevelopment Agency\The Strand-ResoIntention.D005
EXHIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO.2004-1
- (THE STRAND)
COUNTY OF ORANGE
City of Huntington Beach Community Facilities District No. 2004-1 (The Strand),
County of Orange, State of California, includes the land situated in the State of California,
County of Orange, City of Huntington Beach, described as follows:
GAMulvihilWisc\Redevelopment Agency\The Stran d-Resolntention.DOC 6
PSOMAS
1 LEGAL DESCRIPTION
2 Proposed Boundaries of City of Huntington Beach
3 Community Facilities District No.2004-1 (The Strand)
4 County of Orange,State of California
5 '
i
6 In the City of'Huntington Beach, County of'Orange, State of'California,being Lots 10,
7 12, 14, 16, 18,20,22,24,26,28,a portion of'Lot 9 and a portion of'the alleys adjacent to
8 said Lots,in Block 104;Lots 1 through 21,inclusive,23,25,27,and a portion of the
9 alleys adjacent to said Lots,in Block 105;together-with that portion of Fifth Street
to adjacent to said Blocks 104 and 105, all as shown on Map of'Huntington Beach filed in
11 Book 3,Page 36 of'Miscellaneous Maps,Records of'said County described as follows:
i
12
13 Beginning at most easterly corner of'said Lot 28; thence South 41°3 7'44"West
f
14 225..10 feet along the northwesterly line of the Alley, 15 feet wide,within said Block 104,
i
15 to the most southerly corner of'Lot 12 of'said Block 104;thence North 48°22'14"West
16 67.31 feet along the southwesterly line of'said Lot 12 to the northeasterly prolongation of
17 the northwesterly line of'the Deed recorded October 10, 1990 as Instrument
18 No.. 90-538988,of'Official Records of'said County;thence South 41°37'10"West
19 125.05 feet along said prolongation and said northwesterly line to the northeasterly line
i
20 of Pacific Coast Highway(Ocean Avenue), 100.00 feet wide,pet-the Map of Huntington
21 Beach, filed in Book 3,Page 36 of'Miscellaneous Maps,Records of'said County;thence
22 North 48°21'52"West 359.91 feet along said northeasterly line to the southeasterly line
23 of Sixth Street,75 feet wide as shown on said Map of Huntington Beach;thence North
24 41037'11"East 250.03 feet along said southeasterly line to the most northerly comer of
i
25 Lot 20 of'said Block 105;thence
26 South 48022'50"East 125..07 feet along the northeasterly line of said Lot 20 and the
27 southeasterly prolongation thereof to the centerline of the Alley, 15 feet wide,within said
28 Block 105;thence North 41°37'11"East 100.01 feet along said centerline to the
29 southwesterly line of Walnut Avenue, 60 feet wide as shown on said Map of Huntington
30 Beach;thence South 48122'50"East 302.58 feet along said southwesterly line to the
t
31 POINT OF BEGINNING.
M:\2HUN011300'�survey\legals\]Yact No_16406.Rev doc Page 1 of'2
8/3/2004 4:48 PM
i
L—AH1,61-r
64ff,SO- vo
PSOMAS
i Containing 2.956 acres,more or less
2
3 This real property description has been prepared by me or-under my direction,in
4 conlo ance with the Professional Land Surveyors' Act.
5
6
7 Kaii Launen,PLS 5679 Date
IPXI
8 PSOMAS
KAT
9 LE.YP. ;IUN,E=.N
10 -9
LS -,;6/
11
12 Op
CA I I�Q$'
13
14
15
16
18
19
20
21
22
23
24
25
26
27
28
29
30
31
M.\2HUN011300\survey\legals\l'ract NO�16406.Rcv.doc Page 2ofl
813/2004 4:48 PM
,EXH1617'
to aAlo s4-68
PROPOSED BOUNDARIES OF ADCEPTEO AND FILED
AT THE
CITY OF HUNTINGTON BEACH CITY OF HUNNGTONUER NGTONE
BEACH
COMMUNITY FACILITIES DISTRICT DATE
//�
TIME FEE i
No. 2 BOOK
004-1 UMENTO
00K PAGE
(THE STRAND) FILED THIS DAY OF 2004,
AT THE HOUR CLOCK—
IN
COUNTY OF ORANGE ASSESS_�PAGE_OF MAPS OF
ES
ASSESSMENT AND COMMUNITY FACILITIES
STATE OF CALIFORNIA DISTRICTS.IN THETHE COUNTY
OF THE fAUNTV
RECORDER OF THE COUNTY OF ORANGE.
STATE OF CALIFORNIA.
TOM DALY
COUNTY CLERK/RECORDER
DEPUTY
J I yl
ur I 11
IIQ WALNUT I) AVENUE
N A
_ 548.2250'E 302.58' _
1 B OCIt 1SO4;L BOOK�3R PK OT 38YY)
T - - - - TJn
28 132.5VI . T uP �� 3—
I I 3000• 30 a0• v.� .I
I- — 24— — I iI w Ii g1-��1C ar I I
LU W S4822'50'E 125.07' I i I N I I�gpG1'1 I 1 W
I I.I W II uric roN I W I x
I Z
I del 1 lU II „ I I
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—I �3/3� i it a li i I ------
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-10
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95' IEUENf �1 O—T 7 —
•9nw�4��4T U4 6
1 'a°'c.�..aco�".w��M I I II I I PARCEL MAP NO.91-235I
gar rNac rnuT wus.•o[OUTm I .00'I 30.00'II I I P.Y B 275/1-3
I 3.so' 3zso' I n MST.I xP0.93-037093 I •-1
I 8 m• .o.a9l x
— _ = — I
N I J 1
I
CFD BOUNDARY
BASIS OF BEARING:
BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN
O.C.S.HORIZONTAL CONTROL STATION GPS 5019 AND STATION
GPS 5034R7 BEING NORTH 33*MS'WEST PER RECORDS ON
FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR
LOCATION MAP
FILOF TH CITY THE OFFICE IN THE CBE CH THIS
p1' �LQ
OF THE CITY OF HUNTINGTON BEACH THIS �` F
DAY OF 2OD4. 0
i�c rT NOT TO SCALE
JOIN L FLYNN.THE CITY CLERK OF THE 8 9
CITY OF HUNTINGTON BEACH. ty ti
IHEREBY CERTIFY THAT THE WITHIN MAP 3 9
SHOWING THE BOUNDARIES OF THE CITY r�rn &
OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT N RANG.STATE
mac, g y •05
CALIFSTRAND)IX NTYWAS OF ORANGE,STATE OF IT
CALIFORNI0.WAS APPROVED BY THE CTEV P.On[
COUNCIL OF THE CITY OF HUNTINGTON
BEACH AT A REGULAR MEETING THEREOF
HELD ON THE_DAY OF
2004 BY ITS RESOLUTION
NO. PROJECT
0' 60' 120' 240' SITE b
I µ
JOAN L FLYNN,THE CITY CLERK OF THE
CITY OF HUNTINGTON BEACH GRAPHIC SCALE
SHEET 1 OF 1
EXHIBIT B
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO.2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF
THE SPECIAL TAX
(Attached)
GAMulvihill\Misc\Redevelopment Agency\The Strand-Resolntention.DOC7
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2004-1 (The Strand) (herein CFD
No. 2004-1) shall be levied and collected according to the tax liability determined by the
Administrator through the application of the procedures described below. The real
property in CFD No. 2004-1, 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 capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
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, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps,the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of'the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses ,means any or all of the following actual or reasonably
estimated costs directly related to the administration of CFD No. .20044: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2004-1.
Administrator means the,Director of Administrative Services or such other person or.
entity designated by the Administrator or the City Council to administer—the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
Agency means the Redevelopment Agency of the City of Huntington Beach.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number. Hotel Airspace
Assessor's Parcel means the parcel covering the airspace designated for hotel use on the
recorded airspace condominium map for CFD No. 2004-1 with an assigned Assessor's
Parcel number. Parking Garage Airspace Assessor's Parcel means the parcel or
parcels covering the airspace designated for parking purposes on the recorded airspace
condominium map for CFD No. 2004-1 with an assigned Assessor's Parcel number.
Retail Airspace Assessor's Parcel means the parcel or parcels covering the airspace
designated for retail commercial use on the recorded airspace condominium map for CFD
No. 2004-1 with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the.Assessor of the County designating ,
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2004-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2004-1.
County means the County of Orange.
DDA means that certain Disposition and Development Agreement dated June 17, 1999,
which was;supplemented by that certain [First] Implementation Agreement entered into
between the Agency and CIM Group, LLC dated April 6, 2000; that,certain Second
Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5, 2001; that certain Third Implementation Agreement entered into between the
Agency and CIM Huntington Beach, LLC dated October 30, 2002; and that certain
Fourth Implementation Agreement entered into between Agency and CIM/Huntington,
LLC dated September 15, 2003; including all Attachments thereto and any supplemental
amendments or agreements thereto hereafter approved by the Agency and
CIM/Huntington, LLC and/or their assigns and successors-in-interests.
7/26/2004 2
Exempt Land means (1) any real property within the boundaries of CFD No. 2004-1
which generally serves the development subject to the DDA and is owned by a
governmental agency for public right-of-way purposes including, but not limited to
streets, public walkway corridors and the Parking Garage Airspace Assessor's Parcel as
determined in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for
which the Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
Maximum Special Tax means, with respect to any Hotel or Retail Airspace Assessor's
Parcel, the maximum Special Tax determined in accordance with Section C that can be
levied in any Fiscal Year on such Parcel.
Maximum Back-up Special Tax means, with respect to any underlying Assessor's
Parcel of Taxable Property (prior to the recording of an airspace condominium parcel
map), the maximum.back-up.Special Tax that can be levied in any Fiscal Year on such
Parcel. The Maximum Back-up Special Tax is $590,000 per Acre of Taxable Property.
Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2004-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special.Tax in each Fiscal Year on Taxable Property within
CFD No. 2004-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2004-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the Indenture.
7/26/2004 3
Square Foot or Square Footage means the area of an Assessor's Parcel as shown on a
recorded tract or parcel map for airspace condominium purposes, or if the area is not
shown on an Assessor's Parcel Map, the land area shown on the applicable final map,
parcel map, or the other parcel map recorded with the County Recorder. If the Square
Footage of a particular Parcel is not indicated or is unclear after reference to available
maps, the Administrator shall determine the appropriate square footage for a Parcel.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2004-1, which are not Exempt Land or exempt from the Special Tax pursuant to law, but
in no circumstance shall the total amount of Taxable Property be less than 2.20 acres.
Trustee means the trustee who is a party to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2004-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX .
The Maximum Special Tax for the Assessor's Parcels of Taxable Property mi CFD No.
2004-1 shall be the greater of (1) if a tract or parcel map for airspace condominium
purposes has not been recorded, the Maximum Back-up Special Tax or (2) if a tract or
parcel map for airspace condominium purposes has been recorded, the amount
determined pursuant to the following steps:
Step 1: Determine the maximum annual debt service, on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Multiply the amount from Step 2 by 0.6 and divide by the square
footage of the Hotel Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Hotel Airspace
Assessor's Parcel;
Step 4: Multiply the amount from Step 2 by 0.4 and divide by the square
footage of the Retail Airspace Assessor's Parcel to determine the
Maximum Special Tax per square foot for the Retail Airspace
Assessor's Parcel.
7/26/2004 4
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, and for each Fiscal Year thereafter, the City
Council.shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property.at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above.-as needed to satisfy the Special Tax Requirement.
E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property, commencing with
Fiscal Year 2006-2007, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Upon determination by the Administrator that such
requirements have been met, the Special Tax lien shall be removed from all Parcels in
CFD No. 2004-1.
F. 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 the City on behalf of CFD No. 2004-1
may directly bill the special tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a 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.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2004-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee 'shall interpret this. Rate and Method of: Apportionment and. make
determinations relative to the annual administration of the Special Tax;and any appeals;
as herein specified. The owner of any Taxable Property within CFD No. 2004-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
7/26/2004 5
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The.Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the owner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify; the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount;(defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
7/26/2004 6
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
1. For Assessor's Parcels of,Taxable Property intended to be.prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6 Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with 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).
9. Determine the reserve fund credit (the Reserve Fund Credit) which 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.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8, less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
7/26/2004 7
11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special_Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFD
No. 2004-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor'.s Parcel of Taxable Property may be partially
prepaid. The amount of the prepayment shall be calculated as in Section 11.1, except that
a partial prepayment shall be calculated according to the following formula:
PP = (PH xF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax:
G the amounts determined in Paragraph No. 8 of Section H.1:
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and (ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
7/26/2004 8
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2004-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2004-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the .
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
f
7/26/2004 9
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON )
BEACH )
I, - Joan L. Flynn, City Clerk of the City of Huntington Beach, hereby certify
this to be a true and correct copy of Resolution Number 2004-6$
Witness my hand and the seal of the City of Huntington Beach this 16thday of
August , 2004.
City Clerk
t
G:Wulvihill\Misc\Redevelopment Agencv\The Strand-ReSOinlention.DOC8
Res. No. 2004-68
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the`16th day of
August, 2004 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: Hardy
ABSTAIN: None
ity Clerk and ex-off' o Clerk of the
City Council of the City of
Huntington Beach, California
RESOLUTION NO. 2004-69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DECLARING NECESSITY FOR PROPOSED CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO.2004-1 (THE.STRAND)
TO INCUR A BONDED INDEBTEDNESS
WHEREAS, pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the
Municipal Code of the City of Huntington Beach and Section 53321 of the California
Government Code, the City Council (the "City Council") of the City of Huntington Beach (the
"City") has adopted a resolution of intention to establish proposed City of Huntington Beach
Community Facilities District No. 2004-1 (The Strand) of the County of Orange, State of
California, for the purpose of providing and financing public facilities which are necessary to
meet increased demands placed upon the City as a result of development which will occur within
said proposed community facilities district; and
WHEREAS, the City Council desires to issue bonds of the proposed community facilities
district, the proceeds of which will be used for purposes of construction, acquisition, furnishing
and equipping of public facilities; and
WHEREAS, the City Council has determined that it is necessary for said proposed
community facilities district to incur a bonded indebtedness to construct, acquire, furnish and
equip the public facilities; and
WHEREAS, the repayment of the bonds are to be secured by special taxes levied on all
property in the proposed community facilities district.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, the following:
Section 1. Bonded Indebtedness. The City Council of the City of Huntington Beach
declares that it is necessary that a bonded indebtedness be incurred by and for the proposed City
of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange,
State of California, in an amount not to exceed $15,000,000.00 for the purpose of financing the
design, acquisition, construction, equipping and.furnishing of the public facilities described in
the resolution of intention with respect to the establishment of said community facilities district
heretofore adopted by the City Council.
Section 2. Costs Included. The amount of the proposed indebtedness shall include all
costs and estimated costs incidental to, or connected with, the accomplishment of the purposes
for which the proposed bonded indebtedness is to be incurred, including, but not limited to, the
estimated costs of construction, acquisition, equipping and furnishing of the public facilities
which are proposed to be provided within and for the proposed community facilities district,
acquisition of land and rights of way, satisfaction of contractual obligations relating to expenses
or the advancement of funds for expenses existing at the time the bonds are issued, architectural,
engineering, inspection, legal, appraisal, fiscal and financial consultant fees, bond and other
G:,Mulvihill\Misc\RedevelopmentAgency\Strand-ResoNecessity.DOC 2 1
reserve funds, discount fees, interest on any bonds of the proposed community facilities district
due and payable prior to the expiration of one year from the date of completion of the
construction, acquisition, equipping and furnishing of the public 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.
Section 3. Payment of Bonded Indebtedness. All non-exempt parcels of property
within the proposed community facilities district shall be subject to the levy of special taxes to
pay the principal of and interest on the bonds thereof which may be issued and sold to finance
the design and construction of public facilities described in the Resolution of Intention. The tax
is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of
Intention.
Section 4. Hearing. A public hearing on the proposed bonded indebtedness for said
proposed community facilities district shall be held at 7:00 p.m. on September 20, 2004, in the
f City Council Chamber at 2000 Main Street, Huntington Beach, California. Said hearing shall be
conducted concurrently with the hearing on the establishment of said proposed community
facilities district.
Section 5. Notice. The City Clerk shall publish a notice of the time and place of said
hearing pursuant to Section 53346 of the California Government Code, and shall also give notice
of the time and place of said hearing by first class mail to each registered voter and to each
landowner or owner. of leasehold. interest in land within the proposed community facilities
district.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of August , 2004.
Mayor
ATTEST: APPROVED AS TO FORM:
C
City Clerk �) ty Attorney
2t/loy
REVIEWED AND APPROVED: INITIATED AND APPROVED
/�&Z a C 0 Oe,
ity Ad inistrator A Di for o nomic Develop nt
i
Director of Public Works
GAMulvihill\Misc\Redevelopment Agency\Strand-ResoNecessity.DOC 2 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON )
BEACH )
1, ,roan L. Flynn City,Clerk of the City of Huntington Beach, hereby certify
this to be a true and correct copy of Resolution Number 2004-69
Witness my hand and the seal of the City of Huntington Beach this 16th day of
August 2004.
City Cl
f
G:\Mulvihill\Misc\Redevelopment Agency\Strand-ResoNecessity.DOC 2
Res. No. 2004-69
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the-affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 16th day of
August, 2004 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: Hardy
ABSTAIN: None
42(- JAX40
CU Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve Resolutions Establishing Community Facilities
District No. 2004-1 (The Strand) and Finding Necessity to
Incur a Bonded Indebtedness
COUNCIL MEETING DATE: August 16, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNER.. FORWARDED
Administrative Staff
Assistant City Administrator (Initial) ) ( )
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: Gus Duran X1529
1
i
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: Economic Subject Approve Resolutions Establishing Strand CFD
Development
Council Meeting Date: Date of This Request: 8/4104
8/16/04
REASON (Why is this RCA being submitted late?):
Minor changes were needed in some of the exhibits based upon comments from
Public works
EXPLANATION (Why is this RCA necessary to this agenda?):
First steps in the formation of the CFD is advisable before construction of the project starts.
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
Commencement of construction may make some costs ineligible for funding through the
CFD
Signature: Approved 0 Denied
&644� f!i ��W
Department Head Penelope Cu �reth-Graft
City Administrator
Gocument2 07/14/94
MAYOR'S AGENDA FOR PUBLIC HEARINGS FOR
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND)
OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
I. MAYOR OPENS PUBLIC HEARINGS.
2. MAYOR CALLS ON CITY CLERK FOR PROOF OF PUBLICATION AND
MAILING OF NOTICES OF HEARINGS.
3. MAYOR CALLS FOR REPORT FROM PSOMAS WITH REGARD TO THE
ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, A
BRIEF DESCRIPTION OF THE PUBLIC FACILITIES WHICH WILL BE REQUIRED
TO ADEQUATELY MEET THE NEEDS OF THE COMMUNITY FACILITIES
DISTRICT AND ESTIMATES OF COSTS OF PROVIDING THOSE PUBLIC
FACILITIES.
4. MAYOR QPENS HEARINGS TO PROTESTS, COMMENTS AND QUESTIONS
FROM INTERESTED PERSONS, INCLUDING PERSONS OWNING PROPERTY
WITHIN THE PROPOSED COMMUNITY FACILITIES DISTRICT AND
TAXPAYERS, WITH RESPECT TO THE ESTABLISHMENT OF THE
COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD OF
DETERMINING AND APPORTIONING MAXIMUM AMOUNTS OF SPECIAL
TAXES,AND THE PROPOSED BONDED INDEBTEDNESS FOR THE DISTRICT.
5. MAYOR INQUIRES OF THE CITY CLERK WHETHER ANY WRITTEN PROTESTS
HAVE BEEN RECEIVED.
6. IF WRITTEN PROTESTS HAVE BEEN RECEIVED, MAYOR CALLS ON CITY
CLERK AS TO WHETHER OR NOT THE WRITTEN PROTESTS CONSTITUTE A
MAJORITY PROTEST PURSUANT TO SECTION 53324 OF THE GOVERNMENT
CODE.
7. MAYOR INQUIRES OF CITY CLERK AS TO WHETHER THERE ARE ANY
PERSONS REGISTERED TO VOTE WITHIN THE COMMUNITY FACILITIES
DISTRICT, AND, IF SO, THE NUMBER THEREOF.
8. MAYOR INQUIRES OF CITY CLERK IF WRITTEN CONSENTS TO HOLDING
THE COMMUNITY FACILITIES DISTRICT ELECTIONS ON SEPTEMBER 20,2004
HAVE BEEN RECEIVED FORM ALL LANDOWNERS WITHIN THE COMMUNITY
FACILITIES DISTRICT.
9. MAYOR INQUIRES OF CITY CLERK IF SHE CONCURS IN THE HOLDING OF
THE SPECIAL ELECTIONS FOR THE COMMUNITY FACILITIES DISTRICT ON
SEPTEMBER 20, 2004.
10. IF A MAJORITY PROTEST HAS NOT BEEN FILED (WRITTEN PROTESTS
AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT
FILED BY THE OWNERS OF ONE-HALF OR MORE OF THE AREA OF THE
LAND PROPOSED TO BE INCLUDED IN THE COMMUNITY FACILITIES
DISTRICT), THE CITY COUNCIL -Mcr PROCEED TO ESTABLISH THE
RVPUBV%lU`f678639.1 I /1 1 g r
i
COMMUNITY FACILITIES DISTRICT BY ADOPTING THE FOLLOWING
RESOLUTIONS:
(a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2004-1
(THE STRAND) OF THE CITY OF HUNTINGTON BRACH, COUNTY.OF
ORANGE, STATE OF CALIFORNIA, AND ESTABLISHING THE
BOUNDARIES THEREOF.
(b) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH CALLING SPECIAL ELECTIONS AND SUBMITTING TO THE
VOTERS OF CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2004-1 (THE STRAND) PROPOSITIONS REGARDING
INCURRENCE OF BONDED INDEBTEDNESS, THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO
PAY PRINCIPAL AND INTEREST ON BONDS THEREOF, AND THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
11. MAYOR CLOSES HEARINGS.
12. MAYOR HOLDS ELECTION.
13. MAYOR INQUIRES IF .CITY.CLERK HAS RECEIVED ANY BALLOTS FOR THE
COMMUNITY FACILITIES DISTRICT ELECTION.
14. IF BALLOTS HAVE BEEN RECEIVED,MAYOR DIRECTS CITY CLERK TO OPEN
THE BALLOTS AND TABULATE RESULTS.
15. CITY CLERK ANNOUNCES TABULATION RESULTS TO CITY COUNCIL
STATING NUMBER OF VOTES IN FAVOR AND IN OPPOSITION FOR EACH OF
THE PROPOSITIONS.
16. IF AT LEAST TWO-THIRDS (2/3RDS) OF THE VOTES RECEIVED ARE IN
FAVOR OF EACH OF THE PROPOSITIONS, THE CITY COUNCIL MAY ADOPT
THE FOLLOWING RESOLUTION:
RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF
HUNTINGTON BEACH DECLARING THE RESULTS OF THE
CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT 2004-1 (THE STRAND) COUNTY OF ORANGE,
STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH
RESPECT TO (i) INCURRING BONDED INDEBTEDNESS IN
AN ORIGINAL AMOUNT NOT TO EXCEED $15,000,000, (ii)
THE ANNUAL LEVY OF SPECIAL TAXES TO PAY
PRINCIPAL AND INTEREST ON BONDS, AND (iii) THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AN
AUTHORIZING THE RECORDATION OF THE NOTICE OF
SPECIAL TAX LIEN.
RVPUBkNlUbt1673639.1 7