HomeMy WebLinkAboutCity of Huntington Beach Community Facilities District - CFD (7) S 6as
Council/Agency Meeting Held: 91/7-00
Deferred/Continued to: 2"L.' I
KApproved ❑ Conditionally Approved ❑ Denied ity Clerk's Signat e
Council Meeting Date: April 17, 2000 Department ID Number: ED 00-08
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL/ ► a--i
REDEVELOPMENT AGENCY MEMBERS ' CD
SUBMITTED BY: RAY SILVER, City Administrator/Executive Director '
PREPARED BY: DAVID C. BIGGS, Economic Development Director v>
SUBJECT: Public Hearing to Approve the Formation of the City of Huntington Beach
Q?mmunitv Facilities District No. 2000-1 (Grand Coast Resort
No. — 34 ?=a- 35 ZAoo - b — "1 moo -
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Redevelopment Agency of the City of Huntington Beach has
entered into a Disposition and Development Agreement for the development of the Hilton
Grand Coast Resort. A component of the financing for the project requires the
Redevelopment Agency to assist in paying the cost of.. installing public improvements
surrounding the project. One method of accomplishing this at the lowest cost possible to the
City/Agency is to form a Community Facilities District (CFD) and to issue bonds supported by
a special property tax levy imposed on the sole property owner of the property on which the
resort is located.
'a
Funding Source: Funding for this CFD will come from bonds to be issued later this year
when all appropriate actions have been taken by the City Council and the Redevelopment
Agency.
Recommended Action: The formation of the Community Facilities District requires various
sequential steps to be taken by the City Council and/or the Redevelopment Agency. The
recommended actions are the following:
CITY COUNCIL ACTION:
1. Open the public hearing, take public testimony, and close the public hearing on the
formation of the Community Facilities District.
2. Approve the Community Facilities District Report for City of Huntington Beach,
Community Facilities District No. 2000-1 (Grand Coast Resort).
J
s
i
I
I
I
I
I
City Clerk of the City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
THIS ENVELOPE CONTAINS AN OFFI-
CIAL BALLOT TO BE OPENED ONLY
BY THE CITY CLERK OF THE CITY OF
HUNTING TON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: ED 00-08
CITY COUNCIL/REDEVELOPMENT AGENCY:
3. Adopt a Joint City/Agency Resolution No. 1000-341 with Respect to Findings that the
City of Huntington Beach and the Redevelopment Agency of the City of Huntington
Beach are Landowners Subject to the Levy and Collection of Special Taxes within the
District.
CITY COUNCIL:
4. Adopt Resolution No. 1060 -3S Establishing the Community Facilities District
No. 2000-1 (Grand Coast Resort) of the City of Huntington Beach and Establishing
Boundaries Thereof.
5. Request the City Clerk to conduct a special election on the formation of the Community
Facilities District.
6. Adopt Resolution No. 2000- 3 b Determining the necessity for the City of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) to
incur a bonded indebtedness in an aggregate amount not to exceed $16 million for
providing public facilities within and for the district and calling for a Special Election.
7. Accept the letter from the City Clerk agreeing to act as the election official to conduct
the Special Election.
REDEVELOPMENT AGENCY:
8. Authorize the Chairman of the Redevelopment Agency to Waive on behalf of the
Redevelopment Agency Certain Election Procedures.
CITY COUNCIL:
9. Adopt Resolution No. 2000-- 37 calling for a Special Election and Submitting to the
Voters of Community Facilities District No. 2000-1 (Grand Coast Resort) a Proposition
with Respect to the Annual Levy of Special Taxes Within the Community Facilities
District to Pay the Principal of Interest on Bonds Thereof, and a Proposition with
Respect of the Establishment of an Appropriations .Limit for the Community Facilities
District.
10. Statement from the City Clerk of the City of Huntington Beach as to the canvas of
ballots voted in and the results of the Special Election.
11. Adopt Resolution No. 2000-A of the City Council of the City of Huntington Beach
Declaring the Results of the Special Election for Community Facilities District
No. 2000-1 (Grand Coast Resort).
Alternative Action(s): The City Council has the option of not forming the Community
Facilities District. This will cost the City and the Redevelopment Agency significant dollar
expense in interest costs owed to the Developer of the Grand Coast Resort. The interest
rate and costs associated with the formation of the CFD will be significantly lower than the
RCACFD417200 -2- 04/06/00 10:14 AM
' REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: ED 00-08
interest the Agency will have to pay the Developer for advancing funds to the Agency at a
higher interest rate and a substantial cost to the Agency and the City.
Prior Action: On February 7, 2000, the City Council took the initial steps towards the
formation of the CFD by scheduling the CFD public hearing. The public hearing has been
continued twice. The first public hearing was scheduled for February 22, 2000, and then it
was continued to March 20, 2000. On March 20th, 2000, the public hearing was again
continued to April 17, 2000. Continuances were necessary due to the complexity of the
proposed CFD.
Analysis: Since entering into a Disposition and Development Agreement with the Mayer
Corporation, the Redevelopment Agency staff has been negotiating with the developer for
different ways in which to reduce the public cost of the project. The Agency/City have been
successful in securing a Section 108 Loan of $6 million and a BEDI Grant of $2 million. In
addition, staff has identified the formation of a Community Facilities District as a method to
repay certain costs advanced by the Developer. The actions contemplated to be taken by
the City Council in the formation of the Community Facilities District will achieve this aim.
Additional information regarding the steps and actions for forming the CFD is set forth in
memorandum from Bond Counsel (Attachment No. 1).
Environmental Status: EIR 82-2 was prepared in 1982 and in 1988 Addendum 88-2 was
prepared for this project.
Attachment(s) Next Page:
RCACFD417200 -3- 04/06/00 10:14 AM
1
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: ED 00-08
Attachment(s):
City Clerk's
Page Number No. Description
1. Memorandum from Best, Best and Krieger.
2. Community Facilities District Report.
Zovo - 39
3. Resolution No. Joint Resolution of the City Council and the
Redevelopment Agency with ' Respect to Findings that the
Redevelopment Agency is a landowner subject to the levy and
collection of Special Taxes within the Community Facilities District.
4. Resolution No. 2°aO -3S of the City Council Establishing the
Communities Facility District and Boundaries thereof.
5. Resolution No.lzao-35o of the City Council determining the necessity
_ for the City of Huntington Beach Community Facilities District No.
2000-1 to incur a bonded indebtedness in an aggregate amount of$16
million.
6. Letter form the City Clerk agreeing to act as the election official to
conduct the special election of the CFD.
7. Authorization to Waive Certain Election Procedures by the
Redevelopment Agency.
8. Resolution No.�--000 —31 of the City Council Calling for a Special
Election of the CFD to incur a bonded indebtedness and to levy a
special tax to pay the principal of and interest on the bonds.
9. Statement From the City Clerk to the City Council as to the Results o
the Special Election.
10. Resolution No.ZaOo-3a of the City Council Declaring the Results of
the Special Election.
RCA Author: Gus Duran X1529
RCACFD417200 -4- 4/5/00 5:10 PM
OFFICIAL BALLOT
SPECIAL ELECTION FOR CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT), COUNTY OF
ORANGE, STATE OF CALIFORNIA
APRIL-17, 2000
To vote, mark a cross(+)in the voting square after the word."YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make
the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City
of Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an aggregate principal amount
not to exceed$16,000,000 be incurred by and
for City of Huntington Beach Community
Facilities District No. 2000-1 (Grand Coast
Resort), County of Orange, State of
California, for a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed 12 percent per annum, oIr
such other rate as may be the maximum
interest rate permitted by law, for the purpose
of 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 paying costs
incidental to the sale of bonds, the formation
of the Community Facilities District, and the
design, construction, and acquisition of the
public facilities, including all costs and esti-
mated costs of construction ofthe public facili-
ties, acquisition of land and rights-of-way,
satisfaction of contractual obligations relating
to expenses or the add'ancement of funds for
The City of Huntington Beach Redevelopment Agency
16 votes
RVPUBUCsc\550357 Pagel of 3
I� 4
expenses existing at the time the bonds are
issued, architectural, engineering, inspection,
legal,fiscal and financial consultant fees,bond
and -other reserve funds, bond discount,
interest on any bonds of the Community Facil-
ities District estimated to be due and payable
within two years of the issuance of the bonds,
election costs, and all costs of issuance of the .
bonds, including, but not limited to, fees for
bond counsel, costs of obtaining credit ratings, [Proposition A]
bond insurance premiums, fees for letters of YES
credit or other credit enhancement costs, and
printing costs? NO
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City
of Huntington Beach Community Facilities
District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California, to pay
the principal of and interest on the bonds of
the community facilities district issued and sold
to finance 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
costs incidental thereto, to 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, at the special tax rates
and pursuant to the method of apportioning
the special taxes set forth in Exhibit "B" to
Resolution No.-2W-35adopted by the City
The City of Huntington Beach Redevelopment Agency
16 votes
RVPUBVCsc\550357 Page 2-of 3
Council of the City of Huntington Beach on [Proposition aI
April 17, 2000? YES
NO
PROPOSITION C: 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 [Proposition c1
Huntington Beach Community Facilities YES
District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California, in the NO
amount of$1,750,000?
The City of Huntington Beach Redevelopment Agency
16 votes
RVPLBUCSC\550357. Page 3 of 3
CERTIFICATION
I certify that I am an authorized representative of the City of Huntington Beach
Redevelopment Agency,a redevelopment agency under the laws of the State of California,the owner
of all of the property within the boundaries of City of Huntington Beach Community Facilities District
No. 2000-.1.(Grand Coast Resort),County.of Orange, State of California,consisting of 15.103 acres,
and that as such authorized representative, I am authorized to and have voted 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 City of Huntington Beach Redevelopment Agency,to vote all votes to which the
City of Huntington Beach Redevelopment Agency, is entitled on Propositions A, B and C set forth
in said ballot as marked in the voting square opposite each such proposition. I further certify that
based on one vote-per-acre or portion -of an acre .of land-which the City of Huntington Beach
Redevelopment Agency, owns within said community facilities district, said owner is entitled to the
number of votes shown on said ballot.
I-certify that this certification was executed on April 17, 2000,at Huntington Beach,
California.
The City of Huntington Beach Redevelopment Agency,
a redevelopment agency under the laws of the State
of California
Ck WON
BY:
TITLE`. Chairman
RVPUBUCsc\550357 Pagel of 3
Community Facilities District Report
for
City of Huntington Beach
Community Facilities District No. 2000-1
(Grand Coast Resort)
February 8, 2000
Table of Contents
Introduction Page 1
Part I Description of District,Boundary Map Page 3
Part 11 Description of Facilities Page 5
Part III Cost Estimate Page 7
Part IV Property Owners/Lessees Page 8
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
COMMUNITY FACILITIES DISTRICT REPORT
Introduction
The City of Huntington Beach upon its own initiative, upon land making up the site
known as the Grand Coast Resort, has resolved to form a Community Facilities District
(the "District") for the purpose of financing certain public and private improvements
needed to meet increased demand upon the City of Huntington Beach as a result of the
resort/commercial development. This proposed district is being formed pursuant to a
disposition and development agreement with Mayer Financial Ltd. Under the agreement
the developer will lease the.land from the Redevelopment Agency of the City for the
purpose of constructing a resort hotel.
The proposed District is located at the northwest intersection of Pacific Coast Highway
and Beach Boulevard as depicted on a reduced copy of the Proposed Boundary Map,
included herein.
The City of Huntington Beach has ordered the preparation of a report describing the
proposed facilities to be financed by the District.
The proceedings will be conducted in accordance with the provisions of Chapter 3.56
(commencing with Section 3.56.010) of the Municipal Code of the City of Huntington
Beach and 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(together, the "Law"). The Report is to be prepared by, or
under the direction of, the Director of Economic Development of the City of Huntington
Beach and other such officers responsible for providing the facilities to be financed by
the proposed district. The report is to prepared in accordance with the Law and shall
include:
a. A description of the capital facilities and/or services being financed, by type, which
will be required to adequately meet the needs of the District.
b. An estimate of the fair and reasonable cost of the construction and/or acquisition of
the proposed facilities including the cost of acquisition of lands, right-of-way and
easements, and any physical facilities required in conjunction therewith, and
incidental expenses in connection with said construction/acquisition, including the
costs of proposed bond financing and all other related costs as provided in the Law.
1
I, Michael D. Swan, P.E., an authorized officer of Michael Swan Consulting, directed to
prepare the report for said Community Facilities District, hereby submit the following
report consisting of four(4)parts.
Part I . A description of proposed District and map of proposed boundaries.
Part II A description of the proposed facilities and/or services.
Part III A cost estimate of the proposed facilities and/or services.
Part IV A listing of the property owner and proposed lessee in the District.
Q�OQvOFESS/pN4,
F
MICHAEL
c� SWAN rn
chae D. Sw , P. # o.
CIVIL
sTgrF OF CAOFO��\P
2
PART I
Description of District-Boundary Map
The proposed District,. City.. of Huntington. Beach Community Facilities District No.
2000-1 _(Grand Coast Resort), is located at--the northwest intersection of Pacific Coast
Highway and.Beach.Boulevard and bounded.by these two streets as well as Pacific View
Avenue and Twin Dolphin Drive, in the City of Huntington Beach, County of Orange,
State of California, more particularly described as all land within the boundaries of:
Lot 1 of Tract No. 15535, Recorded September 14, 1999 in Map Book 790, pages 44-50,
Records of Orange County, California, comprising 15.103 acres.
This parcel is currently designated by portions of Orange County Assessor's Parcel
Numbers:
024-250-73 & 024-250-76*
*A,new parcel number or numbers will.be assigned by the County Assessor's Office in
July 2000 for the 2000/2001 tax year due to the recordation of Tract No. 15535 in
September of 1999.
3
�.�,�. .�';-,_:.::.• 1N'1[R�SMFIJT r10. 20000�3gZ�q
79
PROPOSED BOUNDARIES OF THE CITY OF HUAMNOTON BEACH
COMMUNITY FACMIES DISTRICT NO. 2000-1(GRAND COAST RESORT)
COUNTY OF ORANGE, STATE OF CALIFORNIA
I j i
I
IQewray¢mveea9n ay:c,Yy &.' AAA✓7/An61u J6r14r.//
IH7N g DOLPHIN DRNf FILED THISL aF wA�Ps OF assEss+~¢NiTu THE mcavYua�TY v a ms DISTRICTS
AT PAGE W THE OFFICE OF ME COUNTY RECORDER W THE COUNTY OF
1 N J756b6'£ 33700' ORANGE STATE OF CALWORNIA.Pii J m qy/,/AP07A~r to XMW WJYL?
I
R Py OCprJt
��•f0•E r>A�y L 6Y6110,UEG,couNTr dp&m of COUNTY or oRANLr
1
I NJ9'28'01'E(R)
Z 1 HEREBY CERIIFY.MAT ME-NIMON YAP 9TOWOVG PROPOSED BOUNDARIES OF
u THE CITY OF HUNTINGTON BEACH COMMUNITY rACMJITES DISTRICT NO 2000-1,
v I COUNTY Or ORANGE,STATE 0'F CALIFORNIA.WAS APPROVED BY THE CITY
COUNCIL OF THE CITY OF FI�NnNCTON BEACH AT A REGULAR MEETING
— iHERE� HELD ON lTJE[L DAY Or jkmwf,A,y6,BY ITS RESOLUTION NO
E 147837'S 1_E LRI •lase-C
FILED W THE OFFICE OF THE CITY CLEW OF THE CITY OF HUNTINGTON BENT
THIS,,/II& DAY OF\Tmet,S-0
41 9' !i 6NSsi.+
80• _ NJTIT!5'E(?) THE CITY CLERK OF M QTY OF NUNIWCTON BEACH
LEGAL
1100,
LRJ. LOT 1 OF TRACT Na 15=RECORDED SEPTEIIBER It, 1999 W YAP BOOK
M.PAGES"-50,RECORDS OF ORANGE COUNTY,CALIFORNIA
3d 5p•
u
' i _ N370556'E(R1 �
2 I Q YICHAAa mm`" P LS NO.6034 EV 6-30-01
a ' N n
Lo-r i TRACT 15535 T I
g 15,103 ACR56 1 NJT033CE(R)
No 603/
Ir
yAp hP.6-]f}m
OF
C
ry I
13493 OF AAIN03
BEARINGS HEREON ARE BASED ON THE BEARINGS BETWMV O.C.S..o HORIZONTAL CONTROL STAnON OPS SOO AND STATION GPS 5009
u` BEM NORM B9'25'47•NEST PER RECORDS ON FILE W THE OFFICE
OF THE ORANGE COUNTY SURVEYOR.
4u \
CURVE DATA
MUNBER 204 VVIUS LEWIN
i I Cl 06A471' 105500' 10261'
I C2 05 2 114500' 11J94,
pgv cJ OJ50 I I IosS.aD' 7064'
C4 IJ4 6000' 14.49'
L I N E D A TA '
o a$ MAIM DIREC/NAM QSMAICE
LI N D?59.14 W 4138'
L4 N 56'0416.�W 00,
� LS N Je'J9'Jd W JQ14'
16 N Sra7/Y E 10.85'
I / E L7 N 65'44'14 E I 1730'
18 N 52DI'I5"W 16f.45'
L9 N Moir E 26.20'
LIO N Jdl4.1 W J1.BJ' J
LI) N 5704'1 IT 15AIr
j 100 50 100 200 300
I
1'=100•
AL\PROECT5\252\02CkCOST_91R-AOWNTMW
4
PART II
Description of Facilities
The Law provides for alternate financing of certain capital facilities and services in
developing areas and those areas undergoing rehabilitation. Since the facilities are
required to meet additional demands on the City as a result of current and future
development occurring within the proposed District, and` since the useful life of the
proposed facilities exceeds five years, the financing of the proposed facilities meets the
conditions of the Law.
The proposed facilities include:
1. Street improvements which are expected to be as follows:
Road construction including widening/improvement of Beach Boulevard and Pacific
Coast Highway adjacent to the site as well as Sunrise Drive widening and
construction of Pacific View Avenue between Twin Dolphin Drive and Beach
Boulevard and Twin Dolphin Drive between Pacific Coast Highway and Pacific View
Avenue including improvements at each of these intersections.
2. Acquisition of rights-of-way,which will include the purchase of right-of-way for the
above roadways.
3. Purchase and/or condemnation and demolition for street rights-of-way which include
the demolition of mobile homes, clubhouse and Huntington Beach Inn within road
rights-of-way.
4. Public park and recreation facilities including beach access facilities which will
consist of construction of a Pedestrian Bridge overcrossing Pacific Coast Highway
between the development project and the City Beach.
5. Contribution to the construction of a City Beach Maintenance Yard.
6. Wetlands Remediation/Relocation.
7. Acquisition of pro-rata capacity in regional water and sewer facilities including water
storage reservoirs and sewage treatment facilities.
8. Fire fighting facilities including structures and capital equipment.
9. Traffic impact fees.
The roadway improvements include grading, pavement sections, sidewalks, driveways,
curb and gutter, median curbs, handicap ramps, road signage and striping, and
landscaping medians and parkways. All traffic detour and construction staging necessary
to accomplish the above roadway construction shall also be eligible improvements.
Utilities within the above roadways are also included such as domestic water, reclaimed
water and sewer lines, storm drain lines and catch basins, as well as electrical
improvements including street lighting.
5
The foregoing shall include the acquisition of all rights-of-way, easements, franchises,
licenses and permits, and the construction of all auxiliary work and the payment of all
incidental expenses necessary and/or convenient to the accomplishment of the foregoing,
including all permitting, plan checking and inspection fees, engineering, surveying,
geotechnical, architectural and construction fees, and for the conduct of community
facilities district proceedings and the issuance of bonds, as may be approved by the City,
for the financing of all or a portion of the foregoing. All work and acquisitions shall be
as approved in appropriate proceedings of the City.
6
PART III
Cost Estimate
The estimate of the fair and reasonable cost of construction of the proposed.facilities,
including 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, including the_cost of proposed bond financing and all
other related costs as provided in the Law, are deemed to be not to exceed $16,000,000.
A breakdown of the cost estimate is shown below:
DESIGN,ACQUISITION & CONSTRUCTION COSTS $13,500,000
COST OF ISSUANCE &BOND COSTS 2,500,000
TOTAL MAXIMUM BOND PROCEEDS TO DISTRICT $16,000,000
Design, acquisition and construction costs relate to those facilities described in Part II,
herein. Cost of Issuance includes the fees and expenses of Bond Counsel, Special Tax
Consultant, Appraiser, Printing, Trustee, Trustee Counsel, City Administration and Legal
Services and Developer Administration and Legal Services. Bond Costs include
Underwriter's Discount, Bond.Reserve Fund and Funded Interest.
7
PART IV
Property Owners/Lessees
The property included within the boundaries of the District is owned by the
Redevelopment Agency of the City of Huntington.Beach,_lessor,•and proposed.to be
leased by Mayer Financial Ltd., lessee.
8
,
< _.. OpJ--Tres• .
- / — ke eksf-r
EXEMPT FROM FILING FEES
PURSUANT TO GOVERNMENT
Recording Requested by CODE SECTION 6103
and When Recorded Return to: -
City Clerk Recorded in Official Records, County of Orange
City of Huntington Beach Gary Granville, Clerk-Recorder
2000 Main Street I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII lilll IIIII NO FEE
Huntington Beach, CA 92648 20000210584 03:56pm 04/24100
114 16 N33 13
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code
Section 53328.3 of the Government Code and Section 3.56.300 of the Municipal Code of the City
of Huntington Beach,the undersigned City Clerk ofthe City of Huntington Beach,County of Orange, p
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 ofHuntington 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 C�
of and interest on bonds, the proceeds of which are being used to finance the public facilities
described in Exhibit "A" attached hereto.
The special taxes are authorized to be levied within City of Huntington Beach
Community Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State of
California(the"Community Facilities District"),the boundaries of which are described in Exhibit"B"
attached hereto,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 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\KSC\562390
The rates, method of apportionment, and manner of collection of the authorized
special taxes are as set forth in Exhibit "C" 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 "C" 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 "D" attached hereto.
Reference is made to the boundary map (or the amended boundary map) of the
Community Facilities District recorded on September 14, 1999, in Book 78 of Maps of Assessment
and Community Facilities Districts, at Page 49, and as Instrument No. 20000038289, 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.
RVPUB\KSC\562390 -2-
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 Office of the City Manager of the City of Huntington Beach, 2000 Main Street,
Huntington Beach, California, telephone number(714)-536-5582.
Dated: Aprilo?/5, 2000.
C
City Clerk of the City.of Huntingt9h Beach
RVPbB\KSC\562390 -3-
EXHIBIT "A"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
DESCRIPTION OF PUBLIC FACILITIES
The types of public facilities to be provided.within and financed by the 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, drainage storage ponds and drainage channels including landscaping,
if applicable.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Wetlands redemption, remediation and relocation.
(e) Public park and recreation facilities, including beach access facilities and pedestrian
bridge.
(f) Water distribution-facilities.:including fire-hydrants,and reclaimed-water.and-.-water
storage facilities.
(g) Street signalization and signage, including traffic fees.
(h) Fire facilities including structures and capital equipment.
(i) Beach maintenance facilities.
(j) Acquisition of land, rights-of-way and easements necessary for any of the facilities
specified in paragraphs (a)through (i) above.
(k) 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.
RVPUB\KSC\562390 A-I
EXHIBIT "B"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO.2000-1
(GRAND COAST RESORT), COUNTY OF ORANGE,
.STATE OF CALIFORNIA
City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),
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:
Lot 1 of Tract No. 15535, Recorded September 14, 1999 in Map Book 790, Pages 44-50,
Records of Orange County, California.
RVPUB\KSC\562390 B-1
EXHIBIT "C"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
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 DistrictNo.2000-1 (Grand Coast Resort)(herein CFD No. 2000-1)shall
be levied and collected according to the tax liability determined.by the Administrator through the
application of the procedures described below. The leasehold interests in the real property in CFD
No. 2000-1, 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. 2000-1: 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. 2000-1.
Administrator means the Director of Economic Development or such other person or entity
designated by the City Administrative Officer or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
RVPUB\KSC\562390 C-1
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.
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. 2000-1 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. 2000-1.
County means the County of Orange.
Development Agreement means the Amended and Restated Disposition and Development
Agreement between the City and the developer,Mayer Financial,Ltd. and its subsidiaries, successors
and assigns, and any subsequent amendments thereto.
Exempt Land means(1)any real property within the boundaries of CFD No. 2000-1 which generally
serves the development subject to the Development Agreement.and/or Ground Lease and is owned
by a governmental agency for public right-of-way purposes including, but not limited to, streets,
public walkway corridors, and slopes as determined in each Fiscal Year by-the Administrator or(2)
any Assessor's Parcel for which the.Special Tax with respect to the leasehold interest 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.
Ground Lease means the ground lease with respect to the land within CFD No. 2000-1 boundary
covering a term exceeding the maturity date for the Bonds between the City and the tenant, Mayer
Financial,Ltd. and its subsidiaries, successors and assigns, and any subsequent amendments thereto.
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 the leasehold interest in any Parcel of Taxable
Property,the maximum Special Tax, determined in accordance with Section C, that can be levied in
any Fiscal Year on the leasehold interest in such Parcel.
Outstanding Bonds means all Bonds which 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. 2000-1, authorizing the issuance of the Bonds in accordance with the
Act.
RVPLB\KSC\562390 C-2
►1
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 the leasehold interests in Taxable Property
within CFD No. 2000-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No. 2000-1
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, and (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.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No. 2000-1,
which are not Exempt Land or exempt from the Special Tax pursuant to law.
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. 2000-1 are Taxable Property. The leasehold interest in 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 leasehold interests-iii Taxable Property in CFD No. 2000-1 shall
be the greater of(1)$130,000 per Acre 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: Determine the Acreage of Taxable Property within the CFD No. 2000-1;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to determine the
Maximum Special Tax per Acre of Taxable Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2000-2001, 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.
RVPTj7B\KSC\562390 C-3
E. LIMITATIONS
No Special Taxes shall be levied on the leasehold interest in any Parcel after such Parcel becomes
Exempt Land.
The Special Tax may be levied and collected on the leasehold interests in Taxable Property
commencing with Fiscal Year 2000-2001, 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 this requirement has been
met, the Special Tax lien shall-be removed from the-leasehold interests in all Parcels in CFD No.
2000-1.
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 CFD No.2000-1 may directly bill the special tax,may collect
special taxes 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 the leasehold interest in 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..2000-1,
a.special three-member Review/Appeal Committee.,The Review/Appeal Committee shall interpret
this.Rate,and: =Method-f,-Apportionment.--and make-determinations-.--relative-=to---the--annual
administration of the Special Tax and any appeals, as herein specified. The owner of the leasehold
interest in any Taxable Property within CFD No. 2000-1 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
of the leasehold interest,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 of the leasehold interest, 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 be exclusive and its exhaustion by any owner of a leasehold interest 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.:
Outstanding Bonds means all Previously Issued Bonds which are deemed to be outstanding under
the Indenture after the first interest and/or principal payment date following the current Fiscal Year.
Previously Issued Bonds means all Bonds that have been issued by CFD No. 2000-1 prior to the
date of prepayment.
RVPUB\KSC\562390 C-4
J
1. Prepayment in Full
The Special Tax applicable to any leasehold interest in any Assessor's Parcel of Taxable Property may
be prepaid. The Special Tax obligation applicable to the leasehold interest in such Assessor's Parcel
in CFD No. 2000-1 may be fully prepaid and the obligation of the leasehold interest in such
Assessor's Parcel to pay the Special Tax permanently satisfied as described herein. The owner of the
leasehold interest intending to prepay the Special Tax obligation on one or a combination of
Assessor's Parcel(s)shall provide the Administratorwith.written notice ofintent to prepay.Following
receipt of such notice, the Administrator shall notify the owner of the leasehold interest in such
Assessor's Parcel or Parcels 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 45 days prior to the next occurring date that notice.of redemption of Bonds from the
proceeds of such prepayment may be given by the Fiscal Agent pursuant to the Indenture.
The Prepayment Amount(defined below)shall be calculated as summarized below(capitalized terms
as defined below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Capitalized Interest Credit
Total: Equals Prepayment Amount
As of the proposed datelofprepayment,the Prepayment Amount(defined below) shall be calculated
:= : -follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intending to prepay, compute the Maximum
Special Tax for such Assessor's Parcels.
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 in CFD No. 2000-1, excluding any
Assessor's Parcels which have prepaid their Special Taxes in full, and
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding Bonds as defined
in this Section H 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 computed pursuant to Paragraph 3 by the applicable
redemption premium, if any, on the Outstanding Bonds to be redeemed (the Redemption
Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and/or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds.
6. Determine the Special Taxes levied on the Assessor's Parcel in the current and any previous
Fiscal Year, which have not yet been paid.
7. 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.
RVPUB\KSC\562390 C-5
8. Add the amounts computed pursuant to Paragraphs 5 and 6 and subtract the amount
computed pursuant to Paragraph 7 (the Defeasance Amount).
9. Determine the administrative fees and expenses of CFD No. 2000-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the Administrative Fees and Expenses).
10. 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.
I L If any capitalized interest for the Outstanding Bonds will not have been expended at the time
of the first interest and/or principal payment following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed pursuant to Paragraph
2 by the expected balance in the capitalized interest fund after such first interest and/or
principal payment (the Capitalized Interest Credit).
12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to
Paragraphs 3, 4, 8 and 9, less the amounts computed pursuant to Paragraphs 10 and 11 (the
Prepayment Amount).
13. From the Prepayment Amount,the amounts computed pursuant to Paragraphs 3,4, 8, 10 and
11 shall be deposited into the appropriate fund as established under the Indenture and be used
.-.to retire Outstanding Bonds or make.debt service payments. The amount computed pursuant
4 .__ ._:�.to�P�ragraph_:9a,shall..be:retained=-bythe:�Admiristrator.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under
Paragraph 6 (above), the Administrator shall remove the current Fiscal Year's Special Tax levy for
such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is
prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to
indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's
Parcel, and the obligation of such Assessor's Parcel to pry the Special Tax shall cease.
Notwithstanding the foregoing,no Special Tax prepayment shall be allowed unless the amount of the
Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2000-1 both prior
to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all
Outstanding Bonds.
14. 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
RVPUB\KSC\562390 C-6
PH= the Prepayment Amount calculated according to Section 111,minus the amounts determined
in Paragraph No. 6 and 9 of Section H.1.
F = the percent by which the owner ofthe leasehold interest in the Assessor's Parcel(s) is partially
prepaying the Maximum Special Tax.
G = the amounts determined in Paragraph No. 6 and 9 of Section H.1.
The owner of the leasehold interest in 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, (ii)the percentage by which the Maximum Special Tax shall be prepaid, and
(iii)the company or agency that will be acting as the escrow agent, if applicable. The Administrator
shall provide the owner of the leasehold interest 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.
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2000-1 shall (i) distribute
the funds remitted to it according to Paragraph 13 of Section H.1, and (ii) indicate in the records of
CFD No. 2000-1 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(1.00—F)of the remaining
Maximum Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant
to Section D.
RVPLB\KSC\562390 C-7
EXHIBIT "D"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
OWNERSHIP LIST
TRACT & ASSESSOR'S PARCEL NOS. OWNER'S NAME
Tract No. 15535
City of Huntington Beach Redevelopment Agency
A.P.N. #'s: 024-250-73
024-250-76
RVPUB\KSC\562390 D-1
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
ARTHUR L. LITTLEWORTH• BRADLEY E. NEUFELO RICHARD T. EGGER C. MARIO JARAMILLO 3750 UNIVERSITY AVENUE
WILLIAM R. DCWOLFE• PETER M. BARMACK DAVID J. HANCOCK JAY J. LEE P.O. BOX 1028
RICHARD T.ANDERSON• JEFFREY V. DUNN HAYLEY E. PETERSON JAMES C.TURNEY RIVERSIDE, CALIFORNIA 92502-1028
JOHN D WAHLIN• STEVEN C. D[BAUN ROGER K. CRAWFORD MICHAEL D. DOLIDA
JOHN E..BROWN ERIC L. GARNER' SHAWN D. HAGERTY CAMA C. HAGOPIAN TELEPHONE(909)688-1 450
MICHAEL T. RIDDELL• DENNIS M. COTA JAMES P. MORRIS LISA N. LE TELECOPIERS
MICHAEL GRANT' P.H.W.F. PEARCE KEVIN T. COLLI NS LeCARIE S.WHITFIELD (909)685-3083 082-461 2
FRANCIS J. BAUM• ROBE RT W. HARGREAVES CARYN L. CRAIG KAREN M. FREEMAN WWW-BBKLAW.COM
G EORGE M. REYES• C. MICHAEL COWETT DAVID W. NEWMAN JOHN D. HI GGINBOTHAM
WILLIAM W. FLOYD,JR. BRUCE W. BEACH JENNIFER T. BUCKMAN MA LATHY SUBRAMANIAN
GREGORY L. HARDKE ARLENE PRATER MARIA E. GLESS USI MESHREKY OF COUNSEL
KENDALL H. M—VEY MARK A. CASTER GLEN W. PRICE CRAIG M. MARSHALL CN RISTO PHER L. CARPENTER'
CLARK H_ ALSOP MICHELLE OUELLETTE MARYMICHAEL McLEOD JEFFREY S. BALLINGER MICHAEL D. HARRIS•
DAVID J. CRWIN• KEVIN K. RANDOLPH JAMES R.TOUCHSTONE M.THERESA TOLENTINO
MICHAEL J.ANDELSON• CYNTHIA M. GERMANO STEVEN M. ANDERSON JUDY L- vow ENDE ANNE T.THOMAS•
D OUGLAS S. PHILLIPS• MARGUERITE S. STRAND ROBERT L. PATTERSON THERESA E. ANTONUCCI DONALD F.ZIMMER•
G REGORY K.WILKINSON KYLE A. SNOW BRYAN K. BENARD MELISSA W.WOO CHRISTINA L. DYER -
GENE TANAKA JAMES B. GILPIN PAULA C.P.oe SOUSA
VICTOR L.WOLF KIM A..BYRENS LYSA M.SALTZMAN FRANKLIN C. ADAMS
DANIEL E. OLIVIER DEAN DERLETH MARCO A. MARTINEZ WILLIAM WOOD MERRILL
HOWARD B. GOLDS SONIA RUBIO CARVALHO JOHN F.WALSH D. BRIAN REIDER
STEPHEN P. DEITS CH JOHN O. PINKNEY DANIEL G.STEVENSON KIRK W.SMITH
JOHN R. ROTTSCHAEFER PIERO C. DALLARDA JEFFRY F. FERRE
MARTIN A. MUELLER DWIGHT M. MONTGOMERY DORINE LAWRENCE-HUGHES OFFICES IN
J. MICHAEL SUMMEROUR WILLIAM D. DAHLING,JR. BRIAN P. HICKEY RANCHO MIRAGE(7601 568-261 1
S COTT C. SMITH BERNIE L.WILLIAMSON ALISON D.ALPERT RAYMOND BEST(1 888-1 957)
JACK B. CLARKE,JR. G. HENRY WELLES JORGE A. MARTINEZ JAMES H. KRIEGER(1913-1975) ONTARIO(909)989-8584
BRIAN M. LEWIS' DINA O. HARRIS KRISHAN S. CHOPRA EUGENE BEST(1 893-1 98 11 SAN DIEGO(519) 525-1300
•A PROFESSIONAL CORPORATION
File No. 23816.00000
April 18, 2000
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: City of Huntington_ Beach Community Facilities District No. 2000-1 (Grand
Coast Resort)
Dear Ms. Brockway:
Enclosed please find three(3)notices of special tax lien in connection with the above-
referenced proceeding. Please sign and date the notices where indicated and return two(2)executed
notices to our offices in the enclosed self-addressed stamped envelope. You should retain the third
executed notice for your files. Our offices will arrange for the recordation of the notice with the
Orange County Recorder's office. Conformed copies of the recorded notice will eventually be
forwarded to you and the Chairman of the City Redevelopment Agency.
Please call with any questions.
Very truly yours,
Krishan Chopra /
for BEST BEST & KRIEGER LLP
KSC:kc
Enclosures
EXEMPT FROM FILING FEES
PURSUANT TO GOVERNMENT
Recording Requested by CODE SECTION 6103
and When Recorded Return to:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code
Section 53328.3 of the Government Code and Section 3.56.300 of the Municipal Code of the City
of Huntington Beach,the undersigned City Clerk ofthe City ofHuntington 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
described in Exhibit "A" attached hereto.
The special taxes are authorized to be levied within City of Huntington Beach
Community Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State of
California(the"Community Facilities District"),the boundaries of which are described in Exhibit"B"
attached hereto,which has now been officially formed and the lien of the special taxes is a continuing
lien which shall secure each annual levy ofthe special taxes and 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\KSC\562390
The rates, method of apportionment, and manner of collection of the authorized
special taxes are as set forth in Exhibit "C" 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 "C" 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 "D" attached hereto.
Reference is made to the boundary map (or the amended boundary map) of the
Community Facilities District recorded on September 14, 1999,in Book 78 of Maps of Assessment
and Community Facilities Districts, at Page 49, and as Instrument No. 20000038289, 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.
RVPUB\KSC\562390 -2-
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 Office of the City Manager of the City of Huntington Beach, 2000 Main Street,
Huntington Beach, California, telephone number (714)-536-5582.
Dated: April / , 2000.
City Clerk of the City of Hunt' on Beach
RVPUB\KSC\562390 -3-
EXHIBIT "A"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
DESCRIPTION OF PUBLIC FACILITIES
The types of public facilities to be provided within and financed by the 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, drainage storage ponds and drainage channels including landscaping,
if applicable.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Wetlands redemption, remediation and relocation.
(e) Public park and recreation facilities, including beach access facilities and pedestrian
bridge.
(f) Water distribution facilities, including fire hydrants and reclaimed water and water
storage facilities.
(g) Street signalization and signage, including traffic fees.
(h) Fire facilities including structures and capital equipment.
(i) Beach maintenance facilities.
(j) Acquisition of land, rights-of-way and easements necessary for any of the facilities
specified in paragraphs (a)through (i) above.
(k) 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.
RVP1jB\KSC\562390 A-I
EXHIBIT "B"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
.LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO.2000-1
(GRAND COAST RESORT), COUNTY OF ORANGE,
STATE OF CALIFORNIA
City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),
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:
Lot I of Tract No. 15535, Recorded September 14, 1999 in Map Book 790, Pages 44-50,
Records of Orange County, California.
RVPLB\KSC\562390 B-1
S
EXHIBIT "C"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
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.2000-1(Grand Coast Resort)(herein CFD No.2000-1)shall
be levied and collected according to the tax liability determined by the Administrator through the
application of the procedures described below. The leasehold interests in the real property in CFD
No. 2000-1, 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. 2000-1: 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 thereofin 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. 2000-1.
Administrator means the Director of Economic Development or such other person or entity
designated by the City Administrative Officer or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
RVPUB\KSC\562390 C-1
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.
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. 2000-1 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. 2000-1.
County means the County of Orange.
Development Agreement means the Amended and Restated Disposition and Development
Agreement between the City and the developer,Mayer Financial,Ltd. and its subsidiaries, successors
and assigns, and any subsequent amendments thereto.
Exempt Land means(1)any real property within the boundaries of CFD No..2000-1 which generally
serves the development subject to the Development Agreement and/or Ground Lease and.is owned
by a governmental agency for public right-of-way purposes'including, but not limited to, streets,
public walkway corridors, and slopes as determined in each Fiscal Year by the Administrator or(2)
any Assessor's Parcel for which the Special Tax with respect to the leasehold interest 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.
Ground Lease means the ground lease with respect to the land within CFD No. 2000-1 boundary
covering a term exceeding the maturity date for the Bonds between the City and the tenant, Mayer
Financial,Ltd. and its subsidiaries, successors and assigns, and any subsequent amendments thereto.
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 the leasehold interest in any Parcel of Taxable
Property, the maximum Special Tax, determined in accordance with Section C, that can be levied in
any Fiscal Year on the leasehold interest in such Parcel.
Outstanding Bonds means all Bonds which 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. 2000-1, authorizing the issuance of the Bonds in accordance with the
Act.
RVPUB\KSC\562390 C-2
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 the leasehold interests in Taxable Property
within CFD No. 2000-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No. 2000-1
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, and (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.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No. 2000-1,
which are not Exempt Land or exempt from the Special Tax pursuant to law.
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. 2000-1 are Taxable Property. The leasehold interest in 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 leasehold-interests-in Taxable Property in CFD No. 2000-1 shall
be the greater of(1)$130,000 per Acre 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: Determine the Acreage of Taxable Property within the CFD No. 2000-1;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to determine the
Maximum Special Tax per Acre of Taxable Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2000-2001, 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.
RVPUBUCSC\562390 C-3
E. LIMITATIONS
No Special Taxes shall be levied on the leasehold interest in any Parcel after such Parcel becomes
Exempt Land.
The Special Tax may be levied and collected on the leasehold interests in Taxable Property
commencing with Fiscal Year 2000-2001, 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 this requirement has been
met, the Special Tax lien shall be removed from the leasehold interests in all Parcels in CFD No.
2000-1.
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 CFD No.2000-1 may directly bill the special tax,may collect
special taxes 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 the leasehold interest in 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. 2000-1,
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 the leasehold
interest in any Taxable Property within CFD No. 2000-1 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
of the leasehold interest,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 of the leasehold interest, 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 be exclusive and its exhaustion by any owner of a leasehold interest 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.:
Outstanding Bonds means all Previously Issued Bonds which are deemed to be outstanding under
the Indenture after the first interest and/or principal payment date following the current Fiscal Year.
Previously Issued Bonds means all Bonds that have been issued by CFD No. 2000-1 prior to the
date of prepayment.
RVPbB\KSC\562390 C-4
1. Prepayment in Full
The Special Tax applicable to any leasehold interest in any Assessor's Parcel of Taxable Property may
be prepaid. The Special Tax obligation applicable to the leasehold interest in such Assessor's Parcel
in CFD No. 2000-1 may be fully prepaid and the obligation of the leasehold interest in such
Assessor's Parcel to pay the Special Tax permanently satisfied as described herein. The owner of the
leasehold interest intending to prepay the Special Tax obligation on one or a combination of
Assessor's Parcel(s)shall provide the Administrator with written notice of intent to prepay.Following
receipt of such notice, the Administrator shall notify the owner of the leasehold interest in such
Assessor's Parcel or Parcels 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 45 days prior to the next occurring date that notice of redemption of Bonds from the
proceeds of such prepayment may be given by the Fiscal Agent pursuant to the Indenture.
The Prepayment Amount(defined below)shall be calculated as summarized below(capitalized terms
as defined below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and-Expenses
Less Reserve Fund Credit
Less Capitalized Interest Credit
Total: Equals Prepayment Amount
As of the proposed date of prepayment,the Prepayment Amount(defined.below).shall be calculated
as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intending to prepay, compute the Maximum
Special Tax for such Assessor's Parcels.
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 in CFD No. 2000-1, excluding any
Assessor's Parcels which have prepaid their Special Taxes in full, and
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding Bonds as defined
in this Section H 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 computed pursuant to Paragraph 3 by the applicable
redemption premium, if any, on the Outstanding Bonds to be redeemed (the Redemption
Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and/or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds.
6. Determine the Special Taxes levied on the Assessor's Parcel in the current and any previous
Fiscal Year, which have not yet been paid.
7. 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.
RVPL"B\KSC\562390 C-5
8. Add the amounts computed pursuant to Paragraphs 5 and 6 and subtract the amount
computed pursuant to Paragraph 7 (the Defeasance Amount).
9. Determine the administrative fees and expenses of CFD No. 2000-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the Administrative Fees and Expenses).
10. 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.
11. If any capitalized interest for the Outstanding Bonds will not have been expended at the time
of the first interest and/or principal payment following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed pursuant to Paragraph
2 by the expected balance in the capitalized interest fund after such first interest and/or
principal payment (the Capitalized Interest Credit).
12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to
Paragraphs 3, 4, 8 and 9, less the amounts computed pursuant to Paragraphs 10 and 11 (the
Prepayment Amount).
13. From the Prepayment Amount,the amounts-computed pursuant to Paragraphs 3,4, 8, 10 and
11 shall be deposited into the appropriate fund as established under the Indenture and be used
to retire Outstanding Bonds or make debt service payments. The amount computed pursuant
to Paragraph 9 shall be retained by the Administrator.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under
Paragraph 6 (above), the Administrator shall remove the current Fiscal Year's Special Tax levy for
such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is
prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to
indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's
Parcel, and the obligation of such Assessor's Parcel to pry the Special Tax shall cease.
Notwithstanding the foregoing,no Special Tax prepayment shall be allowed unless the amount ofthe
Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2000-1 both prior
to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all
Outstanding Bonds.
14. 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
RVPLB\KSC\562390 C-6
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts determined
in Paragraph No. 6 and 9 of Section H.1.
F = the percent by which the owner ofthe leasehold interest in the Assessor's Parcel(s) is partially
prepaying the Maximum Special Tax.
G = the amounts determined in Paragraph No. 6 and 9 of Section H.1.
The owner of the leasehold interest in 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, (ii)the percentage by which the Maximum Special Tax shall be prepaid, and
(iii)the company or agency that will be acting as the escrow agent, if applicable. The Administrator
shall provide the owner of the leasehold interest 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.
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2000-1 shall (i) distribute
the funds remitted to it according to Paragraph 13 of Section H.1, and (ii)indicate in the records of
CFD No. 2000-1 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(1.00—F)of the remaining
Maximum Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant
to Section D.
RVPUB\KSC\562390 C-7
EXHIBIT "D"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
OWNERSHIP LIST
TRACT & ASSESSOR'S PARCEL NOS. OWNER'S NAME
Tract No. 15535
City of Huntington Beach Redevelopment Agency
A.P.N. #'s: 024-250-73
024-250-76
RVPUB\KSC\562390 D-1
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
ARTHUR L.LITTLEWORTH• BRADLEY E. NEUFELD RICHARD T. EGGER C. MARIO JARAMILLO 3750 UNIVERSITY AVENUE
WILLIAM R. D[WOLFE• PETER M. BARMACK DAVID J. HANCOCK JAY J. LEE P.O. BOX 1028
RICHARD T. ANDERSON• JEFFREY V. DUNN HAYLEY E. PETERSON JAMES C.TURNEY RIVERSIDE, CALIFORNIA 92502-1028
JOHN D WAHLIN• STEVEN C. D[BAUN ROGER K. CRAWFORD MICHAEL D. DOLIDA
JOHN E'BROWN ERIC L. GARNER• SHAWN 0. HAGERTY CATIA C. HAGOPIAN TELEPHONE(909)686-1450
MICHAEL r. RIDDELL• DENNIS M. COTA JAMES P. MORRIS LISA N. LE TELECOPIERS
MICHAEL GRANT• P-H.W.F. PEARCE KEV IN T.COLLINS L[CARIE S.WHITFIELD (909)685-3083 682-461 2
FRAN CIS J. BAUM• ROBERTW. HARGREAVES CARYN L. CRAIG KAREN M. FREEMAN WWW,BBKLAW.COM
G EORGE M. REYES• C. MICHAEL COWET7 DAVID W. NEWMAN JOHN D. HIGGINBOTHAM
WILLIAM W. FLOYD,JR. BRUCE W. BEACH JENNIFER T. BUCKMAN MALATHY SUBRAMANIAN
G REGORY L. HA R DKE ARLENE PRATER MARIA E. GLESS USI MESHREKY OF COUNSEL
KENDALL H. MACVEY MARK A. EASTER GLEN W. PRICE CRAIG M. MARSHALL CH RISTOPH ER L. CARPENTER`
C LARK H. A SOP MICHELLE OUELLETTE MARYM ICHAEL McLEOD JEFFREY S. BALLINGER MICHAEL L HARRIS•
DAVID J. ERWIN• KEVIN K. RANDOLPH JAMES R.TOUCHSTONE M.THERESA TOLENTINO MICHAEL
E T.D.
HARRI
MICHAEL J.ANDELSON• CYNTHIA M. GERMANO STEVEN M. ANDERSON JUDY L.vow ENDE
DOUGLAS S. PHILLIPS• MARGUERITE S. STRAND ROBERT L. PATTERSON THERESA E.ANTONUCCI DONALD F.ZIMMER•
G REGORY K. WILKINSON KYLE A. SNOW BRYAN K. BENARD MELISSA W.WOO CHRISTINA L. DYER
GENE TANAKA JAMES B. GILPIN PAULA C.P.D[SOUSA
VICTOR L. WOLF KIM A. BYRENS LYSA M. SA LTZ MAN FRANKLIN C. ADAMS
DANIEL E. OLIVIER DEAN DERLETH MARCO A. MARTINEZ WILLIAM WOOD MERRILL
HOWARD S. GOLDS SONIA RUBIO CARVALHO JOHN F. WALSH D. BRIAN REIDER
STEPHEN P. DEITSCH JOHN 0. PINKNEY DANIEL G. STEVENSON KIRK W. SMITH
JOHN R. ROTTSCHAEFER PIERO C. DALLARDA JEFFRY F. FERRE
MARTIN A. MUELLER DWIGHT M. MONTGOMERY DORINE LAWRENCE-HUGHES OFFICES IN
J. MICHAEL SUMMEROUR WILLIAM D. DAHLING,JR. BRIAN P. HICKEY RANCHO MIRAGE(760) 568-26 1 1
5 COTT C. SMITH BERNIE L.WILLIAMSON ALISON D. ALPERT RAYMOND BEST(1 666-I 957)
JACK B. CLARKE,JR. G. HENRY WELLES JORGE A. MARTINEZ JAMES H. KRIEGER(191 3-1975) ONTARIO(909)989-8584
BRIAN M. L5WIS• DINA O. HARRIS KRISHAN S. CHOPRA EUGENE BEST(1893-1981) SAN DIEGO(619)525-1300
•A PROFESSIONAL CORPORATION
File No.23816.00000
April 26, 2000
Connie Brockway �=-
City Clerk rj C_ ,r— -
City of Huntington Beach �a
2000 Main Street NJ
Huntington Beach, CA 92648 --
Re: City of Huntington Beach Community Facilities District No. 2000-1
(Grand Coast Resort)
Dear Ms. Brockway:
Enclosed please find a conformed copy of the Notice of Special Tax Lien for the
above-referenced proceeding,which was recorded as Instrument No.20000210548 on April 24,2000
in the Orange County Recorder's Office for your records. The original notice will be returned to the
City Clerk's office after the recording procedures are complete.
Very truly yours,
l `
Krishan Chopra
for BEST BEST & KRIEGER LLP
KSC:mfa
Enclosure
cc: Dave Garafalo, Chairman (w/enc.)
RVPUB\KSC\563804
EXEMPT FROM FILING FEES
PURSUANT TO GOVERNMENT
Recording Requested by CODE SECTION 6103
and When Recorded Return to: 1
City Clerk Recorded in Official Records, County of Orange
Gary Granville, Clerk-Recorder
City of Huntington Beach 2000 Main Street I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII NO FEE
Huntington Beach, CA 92648 20000210584 03:56pm 04/24/00
114 16 N33 13
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code
o n
Section 53328.3 of the Government Code and Section 3.56.300 of the Municipal Code of the City n
3 n
ofHuntington Beach,the.undersigned City Clerk of the City of Huntington Beach,County of Orange, 3
a �
State of California, hereby gives notice that a lien to secure payment of special taxes is hereby rn
imposed by the City Council of the City of Huntington Beach,County of Orange, State of California. n
a .
The special taxes secured by this lien are authorized to be levied for the purpose of paying principal -G
of and interest on bonds, the proceeds of which are being used to finance the public facilities
described in Exhibit "A" attached hereto.
The special taxes are authorized to be levied within City of Huntington Beach
Community Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State of
California(the"Community Facilities District"),the boundaries of which are described in Exhibit"B"
attached hereto,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 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.
R'PUB\KSC\562390
The rates, method of apportionment, and manner of collection of the authorized
special taxes are as set forth in Exhibit "C" 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 "C" 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 "D" attached hereto.
Reference is made to the boundary map (or the amended boundary map) of the
Community Facilities District recorded on September 14, 1999, in Book 78 of Maps of Assessment
and Community Facilities Districts, at Page 49, and as Instrument No. 20000038289,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.
RVPUB\KSC\562390 -2-
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 Office of the City Manager of the City of Huntington Beach, 2000 Main Street,
Huntington Beach, California, telephone number(714)-536-5582.
Dated: April 2000.
G� .
City Clerk of the City of Iluntin on Beach
RVPUB\KSC\562390 '3'
EXHIBIT "A"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
i
DESCRIPTION OF PUBLIC FACILITIES
The types of public facilities to be provided within and financed by the 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, drainage storage ponds and drainage channels including landscaping,
if applicable.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Wetlands redemption, remediation and relocation.
(e) Public park and recreation facilities, including beach access facilities and pedestrian
bridge.
(f) Water distribution facilities, including fire hydrants and reclaimed water and water
storage facilities.
(g) Street signalization and signage, including traffic fees.
(h) Fire facilities including structures and capital equipment.
(i) Beach maintenance facilities.
(j) Acquisition of land, rights-of-way and easements necessary for any of the facilities
specified in paragraphs (a)through (i) above.
(k) 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.
R VPUB\K30562390 A-1
EXHIBIT "B"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO.2000-1
(GRAND COAST RESORT), COUNTY OF ORANGE,
STATE OF CALIFORNIA
City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),
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:
Lot 1 of Tract No. 15 53 5, Recorded September 14, 1999 in Map Book 790, Pages 44-50,
Records of Orange County, California.
RVPUI3UCSC%562390 B-1
EXHIBIT "C"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
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.2000-1 (Grand Coast Resort)(herein CFD No.2000-1)shall
be levied and collected according to the tax liability determined by the Administrator through the
application of the procedures described below. The leasehold interests in the real property in CFD
No. 2000-1,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. 2000-1: 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. 2000-1.
Administrator means the Director of Economic Development or such other person or entity
designated by the City Administrative Officer or the City Council to administer the Special Tax
according to this Rate and Method of Apportionment of Special Tax.
RVPUB\KSC\562390 C-1
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.
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. 2000-1 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. 2000-1.
County means the County of Orange.
Development Agreement means the Amended and Restated Disposition and Development
Agreement between the City and the developer,Mayer Financial,Ltd.and its subsidiaries, successors
and assigns, and any subsequent amendments thereto.
Exempt Land means(1)any real property within the boundaries of CFD No. 2000-1 which generally
serves the development subject to the Development Agreement and/or Ground Lease and is owned ,
by a governmental agency for public right-of-way purposes including, but not limited to, streets,
public walkway corridors, and slopes as determined in each Fiscal Year by the Administrator or(2)
any Assessor's Parcel for which the Special Tax with respect to the leasehold interest 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.
Ground Lease means the ground lease with respect to the land within CFD No. 2000-1 boundary
covering a term exceeding the maturity date for the Bonds between the City and the tenant, Mayer
Financial,Ltd. and its subsidiaries, successors and assigns, and any subsequent amendments thereto.
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 the leasehold interest in any Parcel of Taxable
Property,the maximum Special Tax, determined in accordance with Section C, that can be levied in
any Fiscal Year on the leasehold interest in such Parcel.
Outstanding Bonds means all Bonds which 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. 2000-1, authorizing the issuance of the Bonds in accordance with the
Act.
RVPUB\KSC\562390 C-2
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 the leasehold interests in Taxable Property
within CFD No. 2000-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No. 2000-1
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, and (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.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No. 2000-1,
which are not Exempt Land or exempt from the Special Tax pursuant to law.
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. 2000-1 are Taxable Property. The leasehold interest in 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 leasehold interests in Taxable Property in CFD No. 2000-1 shall
be the greater of(1)$130,000 per Acre 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: Determine the Acreage of Taxable Property within the CFD No. 2000-1;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to determine the
Maximum Special Tax per Acre of Taxable Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2000-2001,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.
RVPUB\KSC\562390 C-3
E. LIMITATIONS
No Special Taxes shall be levied on the leasehold interest in any Parcel after such Parcel becomes
Exempt Land.
The Special Tax may be levied and collected on the leasehold interests in Taxable Property
commencing with Fiscal Year 2000-2001, 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 this requirement has been
met, the Special Tax lien shall be removed from the leasehold interests in all Parcels in CFD No.
2000-1.
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 CFD No.2000-1 may directly bill the special tax,may collect
special taxes 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 the leasehold interest in 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. 2000-1,
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 the leasehold
interest in any Taxable Property within CFD No. 2000-1 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
of the leasehold interest,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 of the leasehold interest, 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 be exclusive and its exhaustion by any owner of a leasehold interest 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.:
Outstanding Bonds means all Previously Issued Bonds which are deemed to be outstanding under
the Indenture after the first interest and/or principal payment date following the current Fiscal Year.
Previously Issued Bonds.means all Bonds that have been issued by CFD No.20004.prior.to the -
date of prepayment.
RVPUBUCSC\562390 C-4
1. Prepayment in Full
The Special Tax applicable to any leasehold interest in any Assessor's Parcel of Taxable Property may
be prepaid. The Special Tax obligation applicable to the leasehold interest in such Assessor's Parcel
in CFD No. 2000-1 may be fully prepaid and the obligation of the leasehold interest in such
Assessor's Parcel to pay the Special Tax permanently satisfied as described herein. The owner of the
leasehold interest intending to prepay the Special Tax obligation on one or a combination of
Assessor's Parcel(s)shall provide the Administrator with written notice of intent to prepay.Following
receipt of such notice, the Administrator shall notify the owner of the leasehold interest in such
Assessor's Parcel or Parcels 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 45 days prior to the next occurring date that notice of redemption of Bonds from the
proceeds of such prepayment may be given by the Fiscal Agent pursuant to the Indenture.
The Prepayment Amount(defined below)shall be calculated as summarized below(capitalized terms
as defined below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Capitalized Interest Credit
Total: Equals Prepayment Amount
As of the proposed date of prepayment,the Prepayment Amount(defined below) shall be calculated
as follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intending to prepay, compute the Maximum
Special Tax for such Assessor's Parcels.
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 in CFD No. 2000-1, excluding any
Assessor's Parcels which have prepaid their Special Taxes in full, and
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding Bonds as defined
in this Section H 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 computed pursuant to Paragraph 3 by the applicable
redemption premium, if any, on the Outstanding Bonds to be redeemed (the Redemption
Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and/or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds.
6. Determine the Special Taxes levied on the Assessor's Parcel in the current and any previous
Fiscal Year, which have not yet been paid.
7. 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.
RVPUMKSC\562390 C-5
1
8. Add the amounts computed pursuant to Paragraphs 5 and 6 and subtract the amount
computed pursuant to Paragraph 7 (the Defeasance Amount).
9. Determine the administrative fees and expenses of CFD No. 2000-1, in 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).
10. 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.
11. If any capitalized interest for the Outstanding Bonds will not have been expended at the time
of the first interest and/or principal payment following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed pursuant to Paragraph
2 by the expected balance in the capitalized interest fund after such first interest and/or
principal payment (the Capitalized Interest Credit).
12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to
Paragraphs 3, 4, 8 and 9, less the amounts computed pursuant to Paragraphs 10 and 11 (the
Prepayment Amount).
13. From the Prepayment Amount,the amounts computed pursuant.to Paragraphs 3,4, 8, 10 and
11 shall be deposited into the appropriate fund as established under the Indenture and be used
to retire Outstanding Bonds or make debt service payments. The amount computed pursuant
to Paragraph 9 shall be retained by the Administrator.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under
Paragraph 6 (above), the Administrator shall remove the current Fiscal Year's Special Tax levy for
such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is
prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to
indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's
Parcel, and the obligation of such Assessor's Parcel to pry the Special Tax shall cease.
Notwithstanding the foregoing,no Special Tax prepayment shall be allowed unless the amount of the
Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2000-1 both prior
to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all
Outstanding Bonds.
14. 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
RVPU'B\KSC\562390 C-6
PH= the Prepayment Amount calculated according to Section H.1,minus the amounts determined
in Paragraph No. 6 and 9 of Section H.1.
F = the percent by which the owner ofthe leasehold interest in the Assessor's Parcel(s) is partially
prepaying the Maximum Special Tax.
G = the amounts determined in Paragraph No. 6 and 9 of Section H.1.
The owner of the leasehold interest in 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, (ii)the percentage by which the Maximum Special Tax shall be prepaid, and
(iii)the company or agency that will be acting as the escrow agent, if applicable. The Administrator
shall provide the owner of the leasehold interest 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.
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2000-1 shall (i) distribute
the funds remitted to it according to Paragraph 13 of Section H.1, and(ii) indicate in the records of
CFD No. 2000-1 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(1.00—F)of the remaining
Maximum Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant
to Section D.
RVPUB\KSC\562390 C-7
EXHIBIT "D"
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
OWNERSHIP LIST
TRACT & ASSESSOR'S PARCEL NOS. OWNER'S NAME
Tract No. 15535
City of Huntington Beach Redevelopment Agency
A.P.N. #'s: 024-250-73
024-250-76
RVPU13aSC\562390 D-1
April 17,2000
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: BEST BEST&KRIEGER LLP
RE: CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT)
On April 17,2000,at a regular meeting,the City Council will conduct a public hearing with respect
to the formation of a community facilities district referred to as "City of Huntington Beach Community
Facilities District No.2000-1(Grand Coast Resort),County of Orange,State of California"(the"District")
pursuant to the Mello-Roos Community Facilities Act of 1982,being Chapter 2.5 of Part 1 of Division 2
of Title 5 of the California Government Code(commencing with Section 53311)(the"Act"), in order to
finance,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 development of the
District. Enclosed is an agenda for the public hearing.
After closing the public hearing,if the City Council wishes to proceed with the establishment of the
district and the levy of special taxes on the land therein, then the Council should adopt the following
resolutions,which are:
(1) Joint Resolution of the City Council of the City of Huntington Beach and City of Huntington
Beach Redevelopment Agency with Respect to Findings that the City of Huntington Beach
Redevelopment Agency is a Landowner Subject to the Levy and Collection of Special
RVPUB\KSC\550025
Taxes in Connection with City of Huntington Beach Community Facilities District No.
2000-1 (Grand Coast Resort); and
(2) Resolution of the City Council of the City of Huntington Beach Establishing Community
Facilities District No. 2000-1 (Grand Coast Resort)of the City of Huntington Beach and
Establishing the Boundaries Thereof;and
(3) Resolution of the City Council ofthe City of Huntington Beach Determining the Necessity
for City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast
Resort)to Incur a Bonded Indebtedness and Calling a Special Election for the Community
Facilities District on a Proposition for Incurring such Bonded Indebtedness;and
(4) 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. 2000-1 (Grand Coast Resort) a Proposition with Respect to the Annual Levy of
Special Taxes Within the Community Facilities District to Pay Principal of and Interest on
Bonds Thereof,and a Proposition with Respect to the Establishment of an Appropriations
Limit for the Community Facilities District;and
(5) 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. 2000-1 (Grand Coast Resort).
The special elections with respect to the levy of special taxes within the District, to pay principal
of and interest on bonds thereof and the establishment of an appropriations limit for the district in the
amount of$1,750,000 are proposed to be held on April 17, 2000. The City Clerk will act as election
official and will conduct the elections. She will deliver to you a letter indicating her willingness to conduct
the elections and her consent to the calling of the elections on April 17,2000.
RVPUB\KSC\550025 -2-
In connection with the elections,the City Clerk has received a communication from the Registrar
of Voters of the County of Orange indicating that as of February 29, 2000 there were zero (0) persons
registered to vote within the community facilities district. Accordingly,since the number ofregistered voters
is less than 12,the voters in the elections will be the landowners,with each owner having one vote for each
acre or portion thereof which he or she owns within the District.
The property owner(s)will be instructed to bring the official ballots to the public hearing. Should
the Council adopt the above resolutions, the property owners will be instructed to vote and deliver the
ballots to the City Clerk,who will canvass the ballots and determine the results of the election with respect
to each proposition set forth in the Official Ballot.
After conducting the elections the City Clerk will submit a Statement of the City Clerk 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. 2000-1 (Grand Coast Resort)of the City of Huntington Beach,
California,held on April 17,2000. Should the canvass of ballots report that more than two-thirds of the
landowners within the community facilities district voted in favor of the propositions,then the City Council
will adopt a resolution on April 17,2000 canvassing the results of the election. As part of the proceedings
the City Clerk will file a Notice of Special Tax Lien with the County Recorder within 15 days from the date
of the election.
After all of the actions referenced above have been taken,the formation of the Community Facilities
District will be complete. Ifthe City Council wishes to complete the formation of the Community Facilities
District,we recommend taking the actions referred to above in the order referenced at this time.
KIM A. BYRENS
RVPUB\KSC\550025 -3-
RESOLUTION NO.2000-34
JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AND THE BOARD OF DIRECTORS OF THE CITY OF HUNTINGTON BEACH
REDEVELOPMENT AGENCY WITH RESPECT TO FINDINGS THAT THE
THE CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY
IS A LANDOWNER SUBJECT TO THE LEVY AND COLLECTION
OF SPECIAL TAXES WITHIN CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
WHEREAS, The City of Huntington Beach (the "City') is a municipal corporation and
charter city duly organized and existing under a charter pursuant to which the City has the right and power
to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in
accordance with,and as more particularly provided in,Sections 3,5 and 7 of Article XI of the Constitution
of the State of California and Section 500 of Article V of the Charter of the City;and
WHEREAS,on May 3, 1999,the City Council determined that the public interest and
necessity required the adoption of Ordinance No. 3417,entitled"An Ordinance of the City of Huntington
Beach Providing for the City of Huntington Beach Community Facilities District Financing Law Including
General Provisions and Definitions,Powers and Procedures to Issue Community Facilities District Bonds
for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental
Provisions"(the"Ordinance"),which established a procedure for the authorization of the levy of special
taxes and the issuance of special tax bonds by the City, and enacted the City Special Tax Financing
Improvement Code(the"Code");and
WHEREAS,Section 3.56.040 of the Code allows the local agency to take any actions or
make any determinations which it determines are necessary or convenient to carry out the purposes of the
Code and which are not otherwise prohibited by law.
NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council and the Board
of Directors of the City of Huntington Beach Redevelopment Agency ("Agency'),the following:
Section 1. Findings. The City Council and the Agency hereby find that the foregoing
recitals are true and correct.
Section 2. Determinations. The City Council and the Agency Hereby find that,pursuant
to Sections 3.56.070(i)and 3.56.040 of the Code,in order to carry out the purposes of the Code,and in
order for the City and Agency to carry out their respective purposes, it is necessary and convenient to
determine that the Agency is a public agency landowners subject to a special tax.
RVPUB\KSC\549755
Section 3. Procedures in Connection with Special Tax. The City Council and Board of
Directors of the Agency hereby find that pursuant to Section 3.56.070(i)of the Code,the Agency,as fee
title owner or leaseholder of any land within the District,is considered a public agency landowner and,as
such, is entitled to cast votes based on such possessory interest in land located within the District for the
special election proceedings scheduled to take place in connection with the formation of the District on
April 17, 2000, and is subject to the levy and collection of special taxes and potential foreclosure
proceedings in connection therewith.
Section 4. Chairman Authorized to Execute and Submit Ballot. The Chairman of the
Agency is hereby authorized to execute and submit the official ballot in connection with the special election
for the District to be held on April 17,2000.
PASSED AND ADOPTED by the City Council and the Board of Directors of the Redevelopment
Agency of the City of Huntington Beach at a regular meeting thereof held on the 17th day of April,2000.
MayodChairman
ATTEST: APPROVED AS TO FORM:
ywa.
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
City A&Mstrator Director of'Economic Development
`� RVPUB\KSC\549755 -2-
Res. No. 2000-34
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, 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 a regular meeting thereof held on the 17th
day of April, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-offs io Clerk of the
City Council of the City of
Huntington Beach, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON )
BEACH )
I, Connie Brockway ,City Clerk of the City of Huntington Beach,hereby certify this to
be a true and correct copy of Resolution Number 2000-34 i.
Witness my hand and the seal of the City of Huntington Beach this 17thday of April,2000.
City Clerk
RVPUB\KSC\549755 -3
RESOLUTION NO. 2000-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING CITY OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO. 2000-1 (GRAND COAST
RESORT)AND ESTABLISHING THE
BOUNDARIES THEREOF
WHEREAS,the City Council(the"City Council')of the City of Huntington Beach("City")
has heretofore adopted on January 18,2000,Resolution No.2000-5,stating that a proposed community
facilities district to be known as "City of Huntington Beach Community Facilities District No. 2000-1
(Grand Coast Resort),County of Orange,State of California"(the"Community Facilities District"),is pro-
posed 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, the date for the public hearing on the establishment of the Community
Facilities District was continued to April 17,2000,pursuant the City Council's finding that the complexity
of the proposed Community Facilities District required additional time, which continuance is within six
months of the originally proposed hearing date;and
WHEREAS, on April 17, 2000, at the time and place specified in said published and
mailed notices,the City Council opened and held a public hearing as required by law relative to the forma-
tion of the Community Facilities District,the levy of the special taxes therein and the financing of facilities
by the Community Facilities District;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
RVPUB\KAB\507625
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:
Section 1. Findings. The City Council finds as follows: (i)all of the preceding recitals are
correct,(ii)on April 17,2000,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 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,(iii)
the boundary map of the Community Facilities District has beenrecorded pursuant to Sections 3111 and
3113 of the Streets and Highways Code as Instrument No.20000038289 in Book 78 of Book of Maps
of Assessment and Community Facilities Districts at page 49 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 April 17,2000,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.2000-1 (Grand Coast Resort),County of Orange,
State of California,and the Community Facilities District should be established.
Section2. EstablishmentofDistrict City ofHuntingtonBeach Community FacilitiesDistrict
No. 2000-1 (Grand Coast Resort), 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"Proposed Boundaries of City of Huntington Beach Community Facilities District
No.2000-1 (Grand Coast Resort),County of Orange,State of California"which is on file with the Clerk
and said boundaries are hereby established.
Section 3. Determinations. The City Council hereby finds that, pursuant to Sections
3.56.070(i)and 3.56.040 of the City's Special Tax Financing Improvement Code,in order to carry out.
the purposes of such Code,and in order for the City and City of Huntington Beach Redevelopment Agency
("Agency') to carry out their respective purposes, it is necessary and convenient to determine that the
Agency is a public agency landowner subject to a special tax.
-2-
RVPUB\KAB\507625
Section 4. Procedures in Connection with Special Tax. The City hereby finds that
pursuant to Section 3.56.070(i)of the City Special Tax Financing Improvement Code,the Agency,as fee
title owner of land within the District,is considered a public agency landowner and,as such,is entitled to
cast votes based on such possessory interest in land located within the District for the special election
proceedings scheduled to take place in connection with the formation of the District,and is subject to the
levy and collection of special taxes and potential foreclosure proceedings in connection therewith.
Section 5. Types of Facilities:Incidental Expenses
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 fights and parkway and landscaping related
thereto.
(b) Storm drains, drainage storage ponds and drainage channels including landscaping, if
applicable.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
A Wetlands redemption,remediation and relocation.
(e) Public park and recreation facilities, including beach access facilities and pedestrian
bridge.
(fl Water distribution facilities,including fire hydrants and reclaimed water and water storage
facilities.
(g) Street signalization and signage,including traffic fees.
(h) Fire facilities including structures and capital equipment.
(i) Beach maintenance facilities.
(j) Acquisition of land, rights-of-way and easements necessary for any of the facilities
specified in paragraphs(a)through(i)above.
(k) 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
-3-
RVPUB\KAB\507625
associated with the creation of the proposed community facilities district, issuance of the
bonds thereof,the determination of the amount of and collection oftaxes,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.
Section 6. 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 and any territory to be annexed in
the fixture. 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.
The City Council finds that the methodology for determining and apportioning annual
amounts of special taxes,and maximum annual amounts of special taxes set forth in Exhibit"B"hereto are
based upon the cost of making the public facilities available to each lot and parcel in the Community
Facilities District. The special taxes will be apportioned to each lot or parcel on the foregoing basis
pursuant to Section 53325.3 of the California Government Code and,therefore,such special taxes are not
on or based upon the ownership of real property.
Pursuant to Section 53340 of the California Goverment Code,the special taxes shall be
collected in the same manner as ordinary ad valorem property taxes are collected and shall be subjectto
the same penalties and the same procedure,sale,and lien priority in case of delinquency as is provided for
ad valorem taxes. However,under no circumstances shall the special tax levied against any parcel subject
to the levy of the special tax pursuant to the rate and method of apportionment be increased.as a
consequence of delinquency or default by the owner of any other parcel or parcels within the proposed
Community Facilities District by more than ten(10)percent.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets
and Highways Code,a continuing lien to secure each levy of the special tax shall attach to all non-exempt
real property in the Community Facilities District and this lien shall continue in full force and effect until the
special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or
until collection of the special tax ceases.
Section 7. Annexation ofTerritorv. 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
-4-
RVPUB\KAB\507625
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 8. Exempt Property. Pursuant to Section 53340 of the California Government
Code,properties of entities oft he state,federal and local governments not subject to a leasehold interest
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 9. 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 10. 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 11. 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 12. 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$16,000,000,(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$1,750,000,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 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,
-5-
RVPUB\KAB\507625
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 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:
(1) 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.
(2) 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.
(3) 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.
(4) Pursuant to applicable sections ofthe 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
-6-
RVPUB\KAB\507625
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 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.
(5) 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 suchproposition,and further certifying as to the acreage
of the landowner's land ownership within the Community Facilities District.
(6) 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 land-
owner,(Hi)a declaration under penalty of perjury stating that the voter is the landowner or the autho-
rized 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.
(7) 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 withthe 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
(8) 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
-7-
RVPUB\KAB\507625
the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the consolidated special elections,ifthey
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 17th day of April,2000.
Mayor
ATTEST: APPROVED AS TO FORM:
�os� ��'4� �►ob
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
01
City Adffmistrator Director of Economic Development
-8-
RVPUB\KAB\507625
EXHIIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO.2000-1
(GRAND COAST RESORT),COUNTY OF ORANGE,
STATE OF CALIFORNIA
City of Huntington Beach Community Facilities District No.2000-1 (Grand Coast Resort), 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:
Lot 1 of Tract No. 15535,Recorded September 14, 1999 in Map Book 790,Pages 44-50,Records
of Orange County, California
A-1
RVPUB\KAB\507625
EXHIBIT B
CITY OF HUNTINGTON BEACH.
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
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.2000-1 (Grand Coast Resort)(herein CFD No.2000-1)shall be levied
and collected according to the tax liability determined by the Administrator through the application of the
procedures described below. The leasehold interests in the real property in CFD No. 2000-1, 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. 2000-1: 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
B-1
RVPUB\KAB\507625
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. 2000-1.
Administrator means the Director of Economic Development or such other person or entity designated
by the City Administrative Officer or the City Council to administer the Special Tax according to this Rate
and Method of Apportionment of Special Tax.
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.
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. 2000-1 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. 2000-1.
County means the County of Orange.
Development Agreement means the Amended and Restated Disposition and Development Agreement
between the City and the developer,Mayer Financial,Ltd.and its subsidiaries,successors and assigns,and
any subsequent amendments thereto.
Exempt Land means(1) any real property within the boundaries of CFD No. 2000-1 which generally
serves the development subject to the Development Agreement and/or Ground Lease and is owned by a
governmental agency for public right-of-way purposes including,but not limited to,streets,public walkway
corridors,and slopes as determined in each Fiscal Year by the Administrator or(2)any Assessor's Parcel
for which the Special Tax with respect to the leasehold interest has been paid in M.
Fiscal Agent means the fiscal agent who is a party to the Indenture,if so approved.
B-2
RVPUB\KAB\507625
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.
Ground Lease means the ground lease with respect to the land within CFD No. 2000-1 boundary
covering a term exceeding the maturity date for the Bonds between the City and the tenant, Mayer
Financial,Ltd. and its subsidiaries,successors and assigns,and any subsequent amendments thereto.
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 instr urient replacing or supplementing the same.
Maximum Special Tax means,with respect to the leasehold interest in any Parcel of Taxable Property,
the maximum Special Tax,determined in accordance with Section C,that can be levied in any Fiscal Year.
on the leasehold interest in such Parcel.
Outstanding Bonds means all Bonds which 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.2000-1,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 the leasehold interests in Taxable Property within
CFD No. 2000-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No. 2000-1
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,and(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.
Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.2000-1,which
are not Exempt Land or exempt from the Special Tax pursuant to law.
Trustee means the trustee who is a party to the Indenture,if so approved.
B. IDENTIFYING TAXABLE PROPERTY
B-3
RVPUB\KAB\507625
Not less than fifteen business days prior to the beginning of each Fiscal Year, the Administrator shall
determine which Parcels in CFD No.2000-1 are Taxable Property.The leasehold interest in 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 leasehold interests in Taxable Property in CFD No.2000-1 shall be the
greater of(1)$130,000 per Acre 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: Determine the Acreage of Taxable Property within the CFD No. 2000-1;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to determine the
Maximum Special Tax per Acre of Taxable Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2000-2001,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 the leasehold interest in any Parcel after such Parcel becomes Exempt
Land.
The Special Tax may be levied and collected on the leasehold interests in Taxable Property commencing
with Fiscal Year 2000-2001,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 this requirement has been met,the Special Tax lien shall be
removed from the leasehold interests in all Parcels in CFD No. 2000-1.
B-4
RVPUB\KAB\507625
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 CFD No. 2000-1 may directly bill the special tax, may collect
special taxes 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 the leasehold interest in 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. 2000-1, 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 the leasehold interest in any Taxable Property
within CFD No.2000-1 claiming that the amount or application of the Special Tax is not convect 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 of the leasehold interest,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 of the leasehold interest,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 be exclusive and its exhaustion by any owner of a leasehold interest
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.:
Outstanding Bonds means all Previously Issued Bonds which are deemed to be outstanding under the
Indenture after the first interest and/or principal payment date following the current Fiscal Year.
Previously Issued Bonds means all Bonds that have been issued by CFD No.2000-1 prior to the date
of prepayment.
1. Prepayment in Full
The Special Tax applicable to any leasehold interest in any Assessor's Parcel of Taxable Property may be
B-5
RVPUB\KAB\507625
prepaid. The Special Tax obligation applicable to the leasehold interest in such Assessor's Parcel in CFD
No.2000-1 may be fully prepaid and the obligation ofthe leasehold interest in such Assessor's Parcel to
pay.the Special Tax permanently satisfied as described herein. The owner of the leasehold interest
intending to prepay the Special Tax obligation on one or a combination of Assessor's Parcel(s) shall
provide the Administrator with written notice of intent to prepay. Following receipt of such notice, the
Administrator shall notify the owner of the leasehold interest in such Assessor's Parcel or Parcels 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 45 days prior to the next occurring date that
notice of redemption of Bonds from the proceeds of such prepayment may be given by the Fiscal Agent
pursuant to the Indenture.
The Prepayment Amount(defined below) shall be calculated as summarized below(capitalized terms as
defined below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Capitalized Interest Credit
Total: Equals Prepayment Amount
As of the proposed date of prepayment,the Prepayment Amount(defined below) shall be calculated as
follows:
Paragraph No.
1. For Assessor's Parcels of Taxable Property intending to prepay,compute the Maximum Special
Tax for such Assessor's Parcels.
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 in CFD No.2000-1,excluding any Assessor's
Parcels which have prepaid their Special Taxes in full,and
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding Bonds as defined in
this Section H 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 computed pursuant to Paragraph 3 by the applicable
redemption premium, if any, on the Outstanding Bonds to be redeemed (the Redemption
Premium).
B-6
RVPUB\KAB\507625
5. Compute the amount needed to pay interest on the Bond Redemption Amount from the fast bond
interest and/or principal payment date following the current Fiscal Year until the earliest redemption
date for the Outstanding Bonds.
6. Determine the Special Taxes levied on the Assessor's Parcel in the current and any previous Fiscal
Year, which have not yet been paid.
7. 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.
8. Add the amounts computed pursuant to Paragraphs 5 and 6 and subtract the amount computed
pursuant to Paragraph 7(the Defeasance Amount).
9. Determine the administrative fees and expenses of CFD No. 2000-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption(the Administrative Fees and Expenses).
10. 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
withthe 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.
11. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the
first interest and/or principal payment following the current Fiscal Year,a capitalized interest credit
shall be calculated by multiplying the quotient computed pursuant to Paragraph 2 by the expected
balance in the capitalized interest fund after such first interest and/or principal payment (the
Capitalized Interest Credit).
12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Paragraphs
3, 4, 8 and 9, less the amounts computed pursuant to Paragraphs 10 and 11 (the Prepayment
Amount).
13. From the Prepayment Amount,the amounts computed pursuant to Paragraphs 3,4,8, 10 and 11
shall be deposited into the appropriate fund as established under the Indenture and be used to retire
Outstanding Bonds or make debt service payments. The amount computed pursuant to Paragraph
9 shall be retained by the Administrator.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under Paragraph
6(above),the Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's
Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid,the City Council
shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
B-7
RVPUB\KAM507625
Special Taxes and the release of the Special Tax lien on such Assessor's Parcel,and the obligation of such
Assessor's Parcel to pry the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of the
Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2000-1 both prior to
and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding
Bonds.
14.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. 6 and 9 of Section H.1.
F = the percent by which the owner of the leasehold interest in the Assessor's Parcel(s) is partially
prepaying the Maximum Special Tax.
G = the amounts determined in Paragraph No. 6 and 9 of Section H.1.
The owner of the leasehold interest in 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,(ii)the percentage by which the Maximum Special Tax shall be prepaid,and(iii)the company
or agency that will be acting as the escrow agent,if applicable. The Administrator shall provide the owner
of the leasehold interest 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.
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2000-1 shall (i) distribute the
funds remitted to it according to Paragraph 13 of Section H.1,and(ii)indicate in the records of CFD No.
2000-1 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(1.00—F)of the remaining Maximum Special
Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
B-8
RVPUB\KAB\507625
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, Connie Brockway , City Clerk of the City of Huntington Beach, do hereby
certify that the foregoing Resolutio cco_3s was duly adopted by the City Council at its regular meeting held
on the 17th day of April,2000,and that it was so adopted by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
RVPUB\KAB\507625
Res. No. 2000-35 .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, 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 a regular meeting thereof held on the 17th
day of April, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officioi6lerk of the
City Council of the City of
Huntington Beach, .California
STATEMENT FROM THE CITY CLERK OF THE CITY OF HUNTINGTON BEACH
TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS TO
THE CANVASS OF BALLOTS VOTED IN AND THE RESULTS OF THE
SPECIAL ELECTION FOR CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND
COAST RESORT) OF THE CITY OF HUNTINGTON
BEACH HUNTINGTON BEACH HELD ON
APRIL 17,2000
I,Connie Brockway,City Clerk of the City of Huntington Beach,California,acting as the
election official pursuant to Resolution No.2000-37,the resolution calling the election,of the City Council
of the City of Huntington Beach,California(the "City Council'),make the following statements regarding
the Special Election held on April 17, 2000 on (i) the proposition of the Community Facilities District
incurring a bonded indebtedness in an amount not to exceed$16,000,000,(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$1,750,000,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.2000-1 (Grand Coast Resort),County of Orange,State
of California" were received from each of the owners of the land within the Community
Facilities District.
(2) Said written waivers,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 (Resolution No.
2000-3 adopted by the City Council on April 17,2000)and consented to the holding of such
consolidated special elections on April 17, 2000.
(4) On March 17, 2000 I received a written certification from the Registrar
of Voters of the County of Orange dated March 16,2000,that there were zero registered
voters residing within the Community Facilities District as of February 29, 2000.
Accordingly, pursuant to Section 53326 of the California Government Code, and as
determined by the City Council in Resolution No. 2000-_�7 the resolution calling the
election,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.
RVPUB\KSC\550034
(5) On February 14, 2000 I received a certificate from a licensed land
surveyor,Fuscoe Engineering,the engineer who prepared the map and legal description
of the boundaries of the Community Facilities District,certifying that there are 15.103 net
and 15.103 gross acres of land within the Community Facilities District.
(6) on °Apri1_-17, :'2000: I caused to be mailed via overnight mail to each of
the landowners an Official Ballot in the form attached to Resolution No. 2000-37, the
resolution calling the election,together with.a Ballot Pamphlet and Instructions to Voter
containing Instructions to Landowner Voter and a Sample Ballot. Copies of said Official
Ballots and said Ballot Pamphlet and Instructions to Voter are on file in my office. I also
caused to be mailed via overnight mail to such landowners on said date,together with such
other matters, an official identification envelope, with return postage affixed thereto, for
returning the voted Official Ballot.
(7) Pursuant to Section 53326 of the California Government Code, for
purposes of said special election, 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.
(8) According to the aforementioned certificate received from Michael Simon,
the net acreage of land within the Community Facilities District,and the number of votes
to which the owners therein are entitled to as follows:
Owner Net Acreage Votes
City of Huntington Beach 15.103 16
Redevelopment Agency
(9) Voted Official Ballots were returned to me voted by the landowners sealed
in the aforementioned identification envelope prior to 7:00 p.m. on April 17, 2000, or
immediately after the Resolution Calling the Special Election was adopted. Each Official
Ballot which was returned was voted with a cross marked in the box after the word"YES"
following each proposition set forth on the Official Ballot and had a signed statement
attached that the signer(s) was/were entitled to vote such ballot on behalf of the
landowner(s)whose names appeared therein,and that it was the intent of the landowner(s)
to vote all votes to which the landowner(s) were entitled in the manner marked on the
ballot.
(10) 1 have canvassed the ballots returned in such special election, being the Official
Ballots above referenced,and determined that the results of the elections with respect to each proposition
set forth in said Official Ballot are as follows:
RVPUB\KSC\550034
Proposition A: YES votes, _NO votes
Proposition B: _YES votes, _NO votes
Proposition C: YES votes, NO votes
(11) More than two-thirds of the votes cast in said special election are in favor of all
such propositions.
DATED: April 17,2000
CITY CLERK OF THE,
CITY OF HUNTINGTON BEACH
By:
RVPUB\KSC\550034
3
RESOLUTION NO. 2000-38
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. 2000-1 (GRAND COAST RESORT)ON THE PROPOSITIONS WITH
RESPECT TO (i)INCURRING A BONDED INDEBTEDNESS IN AN -
AMOUNT NOT TO EXCEED$16,000,000,(ii)THE ANNUAL
LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND
INTEREST ON BONDS AND (iii)THE ESTABLISH-
MENT OF AN APPROPRIATIONS LIMIT AND
AUTHORIZING THE RECORDATION OF
THE NOTICE OF SPECIAL TAX LIEN
WHEREAS, on January 18, 2000, the City Council (the "City Council') of the City of
HuntingtonBeach("City")adopted Resolution No.2000-6determining the necessity for City of Huntington
Beach Community Facilities District No. 2000-1 (Grand Coast Resort) County of Orange, State of
California(the"Community Facilities District"),to incur a bonded indebtedness in an amount not to exceed
$16,000,000 and calling a special election on the proposition of incurring such a bonded indebtedness for
April 17,2000 and 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,and the establishment of an appropriations limit for the Com-
munity Facilities District;and
WHEREAS,on January 18,2000,the City Council also adopted Resolution No.2000-37
calling a special election for April 17,2000,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 indebtedness; and
WHEREAS, the City Council has received a statement from the City Clerk (the "City
Clerk"),who pursuant to Resolution No. 2000-37,the resolution calling the election,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, IT IS HEREBY RESOLVED,by the City Council of the City of
Huntington Beach,the following:
RVPUB\KAB\507360
Section 1. Findings. The City Council finds that: (i)there were zero persons registered
to vote within the boundaries of the Community Facilities District at the time of the close of the protest
hearing on April 17,2000 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 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 owns or has possession OF within the Community Facilities District which would be
subject to the special tax if levied at the time of the consolidated special elections;(ii)pursuant to Section
53326 and Resolution No.X/CC--37,the City Clerk distributed the ballots for the consolidated special elec-
tions to the owners of all of the land included within the boundaries of the Community Facilities District(the
"Property Owners"),a list of which is set forth in Exhibit"A",attached hereto and incorporated herein by
reference,by personal delivery with return postage prepaid;(iii)the Property Owners 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 April 17, 2000; (iv) the
consolidated special elections have been properly conducted in accordance with all statutory requirements
and the provisions of Resolution No.Zw-37;(v)pursuant to Section 53326,the Property Owners,which
own approximately 15.103 acres,was entitled to a total of 16 votes;(vi)the ballot was returned to the City
Clerk prior to 7:00 p.m.,or immediately after the Resolution Calling the Special Election was adopted on
April 17,2000,by the Property Owners;(vii)the ballot returned to the City Clerk by the Property Owners
voted all votes to which they were entitled in favor of all propositions set forth therein;(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
indebtedness in an amount not to exceed $16,000,000 and to 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(x)an appropriations limit for the Community Facili-
ties District has been established in the amount of$1,750,000.
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 indebtedness in an
amount not to exceed $16,000,000, 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 the establishment
of an appropriations limit in the amount of$1,750,000 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 amount not to exceed$16,000,000 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 anamount sufficient to pay the principal of and interest on the bonds at the
RVPUB\KABk507360 2
special tax rates and pursuant to the methodology for determining and apportioning such special taxes
,which are set forth in Exhibit"B"to Resolution No. 2000-5 adopted by the City Council .on January 18
2000,and an appropriations limit has been established for the Community Facilities District in the amount
of$1,750,000.
Section 4. Notice of Special Tax Lien The 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 City of Huntington Beach at a regular
meeting thereof held on the 17th day of April,2000.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
l- '
City Admif&rator Director of Economic Development
RVPUB\KAB\507360 3
EXHIBIT A
List of Property Owner(s)
City of Huntington Beach Redevelopment Agency
RVPUB\KAB\507360 4
Res. No. 2000-38
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, 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 a regular meeting thereof held on the 17th
day of April, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-offici Clerk of the
City Council of the City of
.Huntington Beach, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, Connie Brockway , City Clerk of the City of Huntington Beach, do hereby
certify that the foregoing ResolutionAce 38 was duly adopted by the City Council at its regular meeting held
on the 17th day of April,2000,and that it was so adopted by the following roll call vote:
AYES: _ Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
RVPUB\KAB\507360 5
Council/Agency Meeting Held: 3— 20 — 00
f)eferred/Continued to: 4 - 1-1 - 00
WApprove CPnditionally Approved ❑ Denied ity Jerk's Signature
Council Meeting Date: March 20, 2000 Department ID Number: ED 00-09
c
CITY OF HUNTINGTON BEACH = Ea
REQUEST FOR COUNCIL ACTION; :::
00 G+ r
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
�SUBMITTED BY: RAY SILVER, City Administrates y
PREPARED BY: DAVID C. BIGGS, Economic Development Director
SUBJECT: Continuation of Public Hearing on the Formation of Community
Facilities District No. 2000-1 to April 17, 2000
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The formation of the Community Facilities District (CFD) will have to
be delayed for a period of time due to irregularities with the registered voters identified in the
proposed Community Facilities District. Due to the elections on March 7, 2000, the Registrar
of Voters needs additional time to clear the voter list to reflect the current situation where
there exists no voters on the property other than the Redevelopment Agency as a property
owner.
Funding Source: NA
Recommended Action: Continue the Public Hearing on the formation of the Community
Facilities District No. 2000-1 to April 17, 2000.
Alternative Action(s): NA
Analysis: Due to the elections being held on March 7, 2000, the formation of the
Community Facilities District will have to be further delayed until the Registrar of Voters
undertakes the clearing of the list of registered voters for the formation of the Community
Facilities District. This will occur within the next few weeks, at which time the public hearing
will be able to be conducted. The date scheduled for its continuation is April 17, 2000.
Attachment(s): N/A
RCA Author: Duran -1529
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
ARTHUR L. LITTLEWORTH• BRADLEY E. NEUFELD RICHARD T. EGGER C. MARIO JARAMILLO 3750 UNIVERSITY AVENUE
WILLIAM R. DEWOLFE• PETER M. BARMACK DAVID J. HANCOCK JAY J. LEE P.O. BOX 1028
RI CHARD T. ANDERSON• JEFFREY V. DUNN HA LEY E. PETERSON JAMES C.TURNEY RIVERSIDE, CAL'
92502-1026
JOHN D.WAHLIN• STEV EN C. DEBAUN ROGER K.CRAWFORD MICHAEL D. DOLIDA
JOHN E. BROWN ERIC L. GARNER' SHAWN D. HAGERTY CATIA C. HAGOPIAN TELEPHONE(909)686-1450
MICHAEL T. RIDDELL• DENNIS M. COTA JAMES P. MORRIS LISA N. LE TELECOPIERS
MICHAEL GRANT' P.H.W.F. PEARCE KEVIN T. COLLINS LECARIE S.WHITFIELD (009)666-3083 682-461 2
FRANCIS J. BAUM• ROBERTW. HARGREAVES CARYN L. CRAIG KAREN M. FREEMAN WWW.BBKLAW.COM
G EORGE M. REYES• C. MICHAEL COWETT DAVID W. NEWMAN JOHN D. HIGGI N BOTHAM
WILLIAM W. FLOYD.JR. BRUCE W. BEACH JENNIFER T. BUCKMAN MALATHY SUBRAMANIAN
G REGORY L. HARDKE ARLENE PRATER MARIA E. GLESS USI MESHREKY OF COUNSEL
KENDALL H. MACVEY MARK A. EASTER GLEN W. PRICE CRAIG M. MARSHALL CHRISTOPHER L. CARPENTER'
C LARK H. ALSOP MICHELLE OUELLETTE MARYM ICHAEL McLEOD JEFFREY S. BALLINGER MICHAEL D. HARRIS•
DAVID J. ERWIN• KEVIN K. RANDOLPH JAMES R.TOUCHSTONE M.THERESA TOLENTINO
MICHAEL J. ANDELS ON' CYNTHIA M. GERMANO STEVEN M. ANDERSON JUDY L.voH ENDE ANNE T.THOMAS•
DOUGLAS S. PHILLIPS• MARGUERITE S.STRAND ROBERT L. PATTERSON THERESA E. ANTONUCCI DONALD F.ZIMMER•
GREGORY K.WILKINSON KYLE A.SNOW BR AN K. BENARD MELISSA W. WOO CHRIS71NA L. DYER
GENE TANAKA JAMES B. GILPIN PAULA C.P. SOUSA
VICTOR L. WOLF KIM A. BYRENS LYSA M.SALTZMAN LLIAM IN C.ADAMS
DANIEL E. OLIVIER DEAN DERLETH MARCO A. MARTINEZ WILLIAM WOOD IDERMERR L
HOWARD B. GOLDS SONIA RUBIO CARVALHO JOHN F.WALSH D. BRIAN REIDER
STE PHEN P. DE17SCH JOHN 0. PINKNEY DANIEL G.STEVENSON KIRK W.SMITH
JOHN R. ROTTSCHAEFER PIERO C. DALLARDA JEFFRY F. FERRE
MARTIN A. MUELLER DWIGHT M. MONTGOMERY DORINE LAWRENCE-HUGHES OFFICES IN
J. MICHAEL SUMMEROUR WILLIAM D. DANCING.JR. BRIAN P. HICKEY SCOTT C. SMITH BERNIE L.WILLIAMSON ALISON D.ALPERT RAYMOND BEST(I66 B-1957) RANCHO MIRAGE(760)568-261 1
JACK B. CLARKE,JR. G. HENRY WELLES' JORGE A. MAR71NEZ JAMES H. KRIEGER(191 3-1975) ONTARIO(909)989-8584
BRIAN M. LEWIS• DINA O. HARRIS KRISHAN S. CHOPRA EUGENE BEST(1 893-1 961) SAN DIEGO(61 9)525-1 300
•A PROFESSIONAL CORPORATION
File No.23816.00000
March 31, 2000
RECEIVED
Gus Duran APR 0 3 2000
Housing and Redevelopment Manager
City of Huntington Beach DEPARTECONOMIC DEVELOPMENT
NT OF
2000 Main Street
Huntington Beach, CA 92648
Re: Ballot Materials for City of Huntington Beach Community Facilities District
No. 2000-1 (Grand Coast Resort)
Dear Mr. Duran:
Enclosed please find the following documents necessary for the April 17, 2000
formation proceedings of the CFD:
1. Ballot Pamphlet and Instructions to Voters
2. Official Ballot
3. Official Ballot Envelope
4. Resolution Establishing CFD
This document package should be presented to the Chairman of the City of Huntington Beach
Redevelopment Agency prior to the voting.procedures as set forth,in the agenda and script for the
meeting. Please note that the official ballot should not be voted until that time. After the ballot is
voted, it should be placed in the official ballot envelope and handed to the City Clerk. Note that the
certification onthe back of the envelope should be completed as indicated and signed.
RVPLB\KSC\559999
Daterrime 04/09/1999 4:09:23 PM City of Huntington Beach Page 1
Office of the City Clerk
Records
Ref Category Subject Entered Status Document Expires Box ID Label
1020.10 99 12/31/1989 Microfilmed 171 4827 Sewers-1936-1966-1989 (See List File 170.30)
1020.10 99 12/31/1980 Microfilmed 171 4826 Warner Ave. Relief-Sewer-Phase II-Final El#79-2 1980
420.35 101 12/31/1988 Microfilmed 171 4833 Signs-Political 1970-1988 (See List File 170.30)
420.35 101 12/31/1984 Microfilmed 171 4832 Signs Appeals-1974-1984 (See List File 170.30)
420.35 12/31/1988 Microfilmed 171 4831 Special Sign Permit 87-18&87-19 (Code Amendment 87-
15)Appeal to Denial Failed-Rod Wilson/AMC/Wilson Ford-
1988 87-18 (18255 Beach Blvd., w/s Beach, s/Taylor)87-19
(16751 Beach, w/s Beach, n/Terry)
420.35 101 12/31/1989 Microfilmed 171 4830 Sign Appeals 1989 No. 89-1 Applicant: Federal
Signs/QRS Location: Great Western Bank- 16141 Beach
Boulevard (N/W Corner at Stark Avenue)
Daterrime 04/09/1999 4:09:23 PM City of Huntington Beach Page 2
Office of the City Clerk
Records
Ref Category Subject Entered Status Document Expires Box ID Label
420.35 101 12/31/1987 Microfilmed 171 4829 Sign Appeals 1985-1987 (See List File 170.30)
420.35 101 12/31/1988 Microfilmed 171 4828 Signals&Signs-1975-1988 (See List File 170.30)
Total Records Detailed: 8
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Gus Duran
Housing and Redevelopment Manager
March 31, 2000
Page 2
Please call with any questions.
Very truly yours,
Krishan Chopra
for BEST BEST & KRIEGER LLP
KSC:mfa
Enclosures
cc: Kim A. Byrens
RVPUB\KSC\559999
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
ARTHUR L. LITTLEWORTH• BRADLEY E. NEUFELD RICHARD T. EGGER C. MARIO JARAMILLO 3750 UNIVERSITY AVENUE
WILLIAM R. OEWOLFE• PETER M. BARMACK DAVID J. HANCOCK JAY J. LEE P.O. BOX 1 028
RICHARD T. ANDERSON• JEFFREY V. DUNN HA LEY E. PETERSON JAMES C.TURNEY RIVERSIDE, CALIFORNIA 92 502-1 02 8
JOHN D.WAHLIN• STEVEN C. DEBAUN ROGER K. CRAWFORD MICHAEL D. DOLIDA
JOHN E. BROWN ERIC L. GARNER• SHAWN D. HAGERTY CA71A C. HAGOPIAN TELEPHONE(909)686-1 450
MICHAEL T. RIDD ELL• DENNIS M. COTA DAMES P. MORRIS LISA N. LE TE LE COP IERS
MICHAEL GRANT' P.H.W.F. PEARCE KEVIN T. COLLINS LECARIE S. WHITFIELD (909)688-3083 882-461 2
FRANCIS J. BAUM- ROBERT W. HARGREAVES CAR L. CRAIG KAREN M. FREEMAN WWW,BBKLAW.COM
GEORGE M. REYES• C. MICHAEL COWETT DAVID W. NEWMAN JOHN D. HIGGINBOTHAM
WILLIAM W. FLOYD, JR. BRUCE W. BEACH JENNIFER T. BUCKMAN MALATHY SUBRAMANIAN
GREGORY L. HARDKE AR ENE PRATER MARIA E. GLESS USI MESHREKY OF COUNSEL
KENDALL H. MACVEY MARK A. EASTER GLEN W. PRICE CRAIG M. MARSHALL CH RISTOPHER L. CARPENTER'
C LARK H. ALSOP MICHELLE OUELL ETTE MA RYMICHAEL MCLEOD JEFFREY S. BALLINGER MICHAEL D. HARRIS•
DAVID J. ERWIN- KEVIN K. RANDOLPH JAMES R.TOUCHSTONE M.THERESA TOLENT)NO
MICHAEL J. ANDELSON- CYNTHIA M. GERMANO STEV EN M. ANDERSON JUDY L.vow ENDE ANNE T.THOMAS•
DOUGLAS 5. PHILLIPS• MARGUERITE S. STRAND ROBERT L. PATTERSON THERESA E. ANTONUCCI DONALD F. ZIMMER•
GREGORY K. WILKINSON KYLE A. SNOW BRYAN K. BENARD MELISSA W.WOO CHRISTINA L. DYER
GENE TANAKA JAMES B. GILPIN PAULA C.P.DE SOUSA
FRANKLIN C.ADAMS
VICTOR L. WOLF KIM A. BYRENS LYSA M. SALTZMAN
WILLIAM WOOD
DANIEL E. OLIVIER DEAN DERLETH MARCO A. MARTINEZ
D. BRIAN REIDERL
IDER
HOWARD B. GOLDS SONIA RUBIO CARV ALHO F. KIRK W. SMITH
STEPHEN P. DEITS CH JOHN O. PIN KNEY DANI DANIEL G..STEVENSON ENSON
JOHN R. ROTTSCHAEFER PIERO C. DALLARDA JEFFRY F. FERRE
MARTIN A. MUELLER DWIGHT M. MONTGOMERY DORINE LAWRENCE-HUGHES OFFICES IN
J. MICHAEL SUMMEROUR WILLIAM D. DAHLING, JR. BRIAN P. HICKEY SCO C. SMITH BERNIE L. WILLIAMSON ALISON D.ALPERT RAYMOND BEST(I 068-1957) RANCHO MIRAGE(760) 568-261 I
TT
JACK B. CLARKE,JR. G. HENRY WELLES JORGE A. MAR71NEZ JAMES H. KRIEGER(IQ 13-1975) ONTARIO(909)989-8584
BRIAN M- LEWIS- DINA O. HARRIS KRISHAN S. CHOPRA EUGENE BEST(1 893-1 98 1) SAN DIEGO(519) 525-1 300
•A PROFESSIONAL CORPORATION
March 30, 2000
RECEIVED
Gus Duran APR 0 3 2000
Housing and Redevelopment Manager
City of Huntington Beach DEPARTMENT OF
2000 Main Street ECONOMIC DEVELOPMENT
Huntington Beach, CA 92648
Re. City of Huntington Beach Community Facilities District No. 2000-1 (Grand
Coast Resort)
Dear Mr. Duran:
Enclosed is the original Statement of Engineer with respect to the above-referenced
proceeding. Please arrange for the certificate to be in the possession of the City Clerk for the April
17, 2000 council meeting.
Please call with any questions.
Very truly yours,
44ML `'_
Krishan Chopra
for Best Best & Krieger LLP
KSC:mfa
Enclosure
RVPUB\KSC\559637
STATEMENT OF ENGINEER WITH RESPECT
TO PROPERTY OWNERSHIP WITHIN CITY OF HUNTINGTON
BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT),COUNTY OF ORANGE, STATE OF CALIFORNIA
I, Pht c k• 40A a registered professional engineer, employed by the
engineering firm of Fuscoe Engine-12g, the engineer for the proceedings for the establishment
of City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California(the "Community Facilities District"), state as follows:
(1) . I supervised the preparation of the map of the boundaries of the
Community Facilities District.
(2) I have reviewed the legal descriptions attached to the policies of title
insurance and the preliminary reports, and said legal descriptions describe all of the property
located within the boundaries of the Community Facilities District.
(3) The approximate gross acreage of property within the Community
Facilities District is 15.103 acres.
(4) The aggregate net taxable acreage of the property described in the legal
descriptions attached to said policies of title insurance and preliminary reports, excluding
dedicated street rights-of-way, and which is owned by the owner named therein is as follows:
Owner Acreage
City of Huntington Beach 15.103
Redevelopment Agency
Total 15.103
DATED: 7-.�tl'- , 2000.
QAOFESSjO
ARMST9 �Z
cz Z4�Gf
By: LU No.36083 m
E)p* .V
cP
�9 CML
�F CALIFax
P
JANICE M. MITTERMEIER
County Executive Officer
4 U N TY CIF : ROSALYN LEVER
2 Registrar of Voters
1
5 3 A N G E Mailing Address:
P.O. Box 11298
Santa Ana,California 92711
REGISTRATION & ELECTIONS DEPARTMENT
1300 South Grand Avenue, Bldg. C
Santa Ana,California 92705
(714)567-7600
TDD(714) 567-7608
FAX(714) 567-7627
www.oc.ca.gov/election/
March 16, 2000
Ms. Connie Brockway, City Clerk
Huntington Beach City Hall
2000 Main Street
Huntington Beach, CA 92648
o --a
RE: City of Huntington Beach — Community Facilities District No. 2000-1
(Grand Coast Resort)
Dear Ms. Brockway: G°�r
y � �'YTfr..-
This letter is in response to the request of February 1, 2000, for the total reglsler
voters in the Community Facilities District Number 2000-1 of the City of Hunt"gtonn
Beach.
Based on the Boundary map submitted with the request, there are 0 registered voters in
the area as of February 29, 2000.
Please feel free ontact me with any questions you may have regarding this
information. elephone number is (714) 567-7620.
ery tru y r ,
c
Don Taylo
Assistant Re stray of Voters
CC: Krish n Chopra, Best Best & Krieger LLP
j o . 3-a
Council/Agency Meeting Held: o7-2,2 -OO
�
❑Approved ❑ Conditionally Approved ❑ Denied A�p,City Clerk's Signature
Council Meeting Date: February 22, 2000 7 Department ID Number. ED 00-09
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 4
SUBMITTED BY: RAY SILVER, City Administrator a -�
PREPARED BY: DAVID C. BIGGS, Director of Economic Development CD—+-�r
SUBJECT: Continuation of Public Hearing on the Formation of Community )>
Facilities District No. 2000-1
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,AttaA ment(s)
Statement of Issue: The formation of the Community Facilities District will have to be
delayed for a period of time due to irregularities with the registered voters identified in the
proposed Community Facilities District. The Registrar of Voters will have to undertake a
mailing in order to be able to clear the voter list to reflect the current situation where there
exist no voters on the property other than the Redevelopment Agency as property owner.
Funding Source: N/A
Recommended Action: Open the Public Hearing and continue the Public Hearing on the
formation of the Community Facilities District No. 2000-1 to March 20, 2000.
Alternative Action(s): N/A
Analysis: The formation of the Community Facilities District will have to be delayed until the
Registrar of Voters undertakes a mailing to be able to identify if any voters still reside within
the proposed Community Facilities District. This will occur within the next few weeks, at
which time the public hearing will be able to be concluded. The date scheduled for its
continuation is March 20, 2000.
Environmental Status: N/A
Attachment(s): None
RESOLUTION NO. 2000-36
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DETERMINING THE NECESSITY FOR CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST RE-
SORT)TO INCUR A BONDED INDEBTEDNESS IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $16,000,000 FOR
PROVIDING PUBLIC FACILITIES WITHIN AND FOR THE
CONMUNITY FACILITIES DISTRICT AND CALLING A
SPECIAL ELECTION FOR THE COMMUNITY
FACILITIES DISTRICT ON A PROPOSITION
FOR INCURRING SUCH BONDED
INDEBTEDNESS
WHEREAS, on January 18, 2000, the City Council (the "City Council') of the City of
HuntingtonBeach(the"City"),pursuant to the Mello-Roos Community Facilities Act of 1982,as amended,
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code (the "Act"), adopted Resolution No. 2000-6 declaring the necessity for City of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) of the City of
Huntington Beach, County of Orange, State of California(the "Community Facilities District"),to incur a
bonded indebtedness for the purpose of providing public facilities which are necessary for the development
of the property therein,and scheduling a hearing thereon; and
WHEREAS,notice of the hearing was published and mailed as required by law, and on
April 17,2000, at the time and place of the hearing as set forth in Resolution No.2000-6 and the notice
thereof, the City Council conducted the hearing and afforded all persons interested, including persons
owning property within the Community Facilities District, an opportunity to be heard on the proposed
authorization to incur bonded indebtedness, and no protests were received;and
WHEREAS,on April 17,2000,at the conclusion of the hearing,the City Council adopted
the resolution of formation pursuant to Section 53325.1(a)ofthe California Government Code,establishing
City of Huntington Beach Community Facilities District No.2000-1 (Grand Coast Resort)of the City of
Huntington Beach,County of Orange, State of California;and
WHEREAS, the City Council has determined that it is necessary for the Community
Facilities District to incur a bonded indebtedness for the purpose of providing public facilities which are
necessary to the development of the property therein;
NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach,the following:
RVPUB\KSC1559565
Section 1. Necessi . It is necessary for the Community Facilities District to incur a
bonded indebtedness in an aggregate principal amount not to exceed $16,000,000 for the purposes of
constructing and financing through the sale of bonds the construction,acquisition,famishing and equipping
of public facilities which are necessary to meet increased demands placed upon the City as specified in
Resolution No. 2000-5,the resolution of intention for the Community Facilities District,which Proceeds
from the sale of the bonds of the Community Facilities District may be used to pay costs associated with
the acquisition,construction,furnishing and equipping of facilities to benefit the lands within the boundaries
of the proposed community facilities district.
Section 2. Payment of Bonded Indebtedness. Pursuant to Section 3 of Resolution No.
2000-6, all parcels of taxable property within the 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,construction and acquisition of public facilities which are of benefit to all such parcels.
Section 3. Amount of Debt; Terms of Bonds. The aggregate principal amount of the
bonded indebtedness to be incurred by the Community Facilities District shall not exceed$16,000,000.
The maximum term of the bonds shall not exceed 40 years. The maximum annual rate of interest to be paid
semiannually on the bonds shall not exceed 12 percent per annum or such other rate as may be the
maximum interest rate permitted by law.
Section 4. Proposition to be Submitted to Voters.
(a) The proposition to be submitted to the voters within the Community Facilities
District with respect to the proposed bonded indebtedness shall be as follows:
Shall a bonded indebtedness in an aggregate principal amount not to exceed $16,000,000 be
incurred by and for City of Huntington Beach Community Facilities District No. 2000-1 (Grand
Coast Resort), County of Orange, State of California,for a maximum term of not more than 40
years and with interest at a rate or rates not to exceed 12 percent per annum, or such other rate
as may be the maximum interest rate permitted by law, for the purpose of constructing and
financing through the sale of bonds the construction,acquisition,famishing 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 paying costs incidental to the sale of bonds,the formation
of the Community Facilities District, and the design, construction, and acquisition of the public
facilities,including all costs and estimated costs of construction of the public facilities,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, fiscal and financial consultant fees, bond and other reserve funds,
bond discount,interest on any bonds of the Community Facilities District estimated to be due and .
payable within two years of the issuance of the bonds,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 or other credit enhancement costs,and printing
costs?
RVPUBIKSC1559565 -2-
Section,K. Elections. The date of the special election with respect to the incurring of the
aforementioned bonded indebtedness,at which time the proposition set forth in Section 4 hereof shall be .
submitted to the voters of the Community Facilities District is April 17,2000, and that special election is
hereby called for that date. The special election shall be consolidated with the special election with respect
to the propositions for(i)the levy of special taxes for the payment of the principal of and interest on the
bonds of the Community Facilities District,and(ii)establishing an appropriations limit for the Community
Facilities District which have also been called for April 17,2000. The consolidated special elections shall
be conducted by mail ballot pursuant to applicable provisions of the California Elections Code with respect
to mail-ballot elections of cities and specifically Division 4(commencing with Section 4000)of that-Code,
insofar as they may be applicable. The official ballots are required to be received by the City Clerk by 7:00
o'clock p.m.on the said date of the election or immediately after the Resolution Calling the Special Election
is adopted. If all qualified electors have voted,the election shall be closed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
thereof held on the 17th day of April,2000.
dk�
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
-
a-,!f2 ale A�ea e. & .
City A for Director of Economic Development
RVPUB%KSC%559565 -3-
Res. No. 2000-36
STATE OF CALIFORNIA )
.COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,.CONNIE BROCKWAY, the duly elected, 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 a regular meeting thereof held on the 17th
day of April, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-office Clerk of the
City Council of the City of
Huntington Beach, California
L, & CITY OF HUNTINGTON BEACH
LOLJ 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 28, 2000
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. 2000-1 (Grand Coast
Resort)
Ladies and Gentlemen:
Pursuant to Section 53326 of the Government Code, I hereby agree to act as the election
official to conduct the special elections within and for City of Huntington Beach Community
Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State of California.
Pursuant to said Section 53326, 1 consent to the scheduling and conducting of said special
elections on April 17, 2000.
Sincerely,
City Clerk
City of Huntington Beach
gIcbmemos/community facilities election-mp.doc
(Telephone:714-536.5227)
WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO
LANDOWNER VOTER ELECTIONS WITHIN AND FOR CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2000-1 (GRAND COAST RESORT),
COUNTY OF ORANGE, STATE
OF CALIFORNIA '
The undersigned on behalf of the City of Huntington Beach Redevelopment Agency, a
redevelopment agency under the laws of the State ofCalifornia(the"Owner"),hereby certifies to the City
of Huntington Beach(the "City"),as follows:
1. Owner is the owner of the parcel(s)of land located within the District described
in Exhibit"A" attached hereto and incorporated herein by reference,thereby making Owner an owner of
taxable property within the District.
2. The undersigned is authorized and possesses all authority necessary to execute
this waiver on behalf of the Owner and to vote on behalf of the Owner in the consolidated special elections
to be held within City of Huntington Beach Community Facilities DistrictNo.2000-1(Grand Coast Resort),
County of Orange, State of California(the "District").
3. There are currently no registered voters residing within the territory of the District,
and there will not have been 12 persons registered to vote in the District for each of the 90 days preceding
the close of the public hearing which is to be conducted by the City Council of the City of Huntington Beach
(the "City Council") on April 17,2000.
4. The Owner received mailed notice of said public hearing regarding the establish-
ment of the District and the levy of special taxes on taxable property therein to pay the costs of services
to be provided within and surrounding the community facilities district.
5. The Owner has received necessary and relevant information from the City
regarding the establishment of the District and the levy of the special taxes on taxable property therein,and
the City has made available to the Owner adequate opportunity to obtain such information. The Owner
has received a copy of Resolution No. 2000-05,adopted by the City Council on January 18,2000,with
all exhibits attached thereto,including Exhibit"B",the rate and method of apportionment of special taxes
for the District.
6. The undersigned is informed and understands that in order for the District to
annually levy special taxes on taxable property within the District to pay the costs of services to be provided
within and surrounding the community facilities district, it is necessary that elections be held within the
territory of the District on the proposition with respect to the levy of special taxes on taxable property within
the District to pay the costs of services to be provided within and surrounding the community facilities
RVPUB\KSC\550482
district, and that two-thirds of the votes cast upon said proposition must be in favor thereof. The
undersigned is further informed and understands that the City intends to submit to the qualified voters of
the District in said elections the propositions of(i) whether a bonded indebtedness in an amount not to
exceed $16,000,000 should be incurred by and for the District for the purpose of constructing and
financing through the sale of bonds the construction,acquisition,furnishing and equipping of public facilities
and paying costs incidental to the sale of bonds and the formation of the District; and(ii)whether special
taxes shall be levied annually on taxable property within the District to pay the principal of and interest on
the bonds of the District issued and sold to finance the District; and(iii)whether an appropriations limit
shall be established for the District in the amount of$1,750,000,and to consolidate the elections on all such
propositions.
7. The undersigned is further informed and understands that, pursuant to Section
53326 of the Government Code, elections on such propositions must be held at the next general election
or at a special election to be held at least 90 days,but not more than 180 days,following the adoption by
the City Council of the resolution of formation establishing the District,which is expected to occur on April
17, 2000, unless such time limits are waived with the unanimous consent of the qualified electors of the
District and the concurrence of the City Clerk of the City of Huntington Beach. The Owner desires that
the time limits for conducting said elections set forth in said Section 53326 be waived, and that said
elections be held on April 17,2000.
8. The Owner waives the time limits set forth in Section 53326 of the Government
Code with respect to said elections and consents to the holding of said elections on April 17,2000. The
Owner further consents to the holding of said elections less than 10 days after the mailing of a sample ballot
to the Owner and absent compliance with other applicable formal notice requirements of the Elections
Code.
9. The Owner further waives an impartial analysis by the City Attorney of the City
of Huntington Beach of the ballot measures to be contained in the Official Ballot for said elections pursuant
to Section 9280 of the Elections Code, and further waives ballot arguments and rebuttals pursuant to
Sections 9281 to 9287, inclusive,and 9295 of the Elections Code.
10. The undersigned hereby represents that compliance with the procedural
requirements for conducting said elections,including the receipt of ballot arguments and the time limitations
which apply in connection with the scheduling and mailing notices of said elections are unnecessary because
the undersigned has received information regarding the establishment of the District,the levy of special taxes
on taxable property therein to pay the costs of services to be provided within and surrounding the
community facilities district to enable him to properly vote the Official Ballot for such special elections on
the propositions mentioned in paragraph 6 above.
2
The undersigned certifies that the foregoing is true and correct and that he executed this
document on April 17,2000 at Huntington Beach, California.
ATTEST: The City of Huntington Beach
Redevelopment Agency, a redevelopment agency
under the laws of the State of California
By:
Clerk of the 'n n
City of Huntington Beach Title: V "
Redevelopment Agency
3
E)GHBIT"A"
LEGAL DESCRIPTION OF OWNER'S PROPERTY
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT), COUNTY OF ORANGE
STATE OF CALIFORNIA
City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast
Resort),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:
Lot 1 of Tract No. 15535, Recorded September 14, 1999 in Map Book 790,Pages
44-50,Records of Orange County,California.
A-1
RVPUB\KSC\550482
CERTIFICATION
I certify that I am an authorized representative of the City of Huntington Beach
Redevelopment Agency,a redevelopment agency under the laws of the State of California,the owner of
all of the property within the boundaries of City of Huntington Beach Community Facilities District No.
2000-1 (Grand Coast Resort),County of Orange,State of California,consisting of 15.103 acres,and that
as such authorized representative, I am authorized to and have voted 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 City of Huntington Beach Redevelopment Agency, to vote all votes to which the City of Huntington
Beach Redevelopment Agency,is entitled on Propositions A, B and C set forth in said ballot as marked
in the voting square opposite each such proposition. I further certify that based on one vote per acre or
portion of an acre of land which the City of Huntington Beach Redevelopment Agency,owns within said
community facilities district, said owner is entitled to the number of votes shown on said ballot.
I certify that this certification was executed on April 17, 2000, at Huntington Beach,
California.
ATTEST: The City of Huntington Beach Redevelopment Agency,
a redevelopment agency under the laws of the State
of California
BY:
City Clerk
of the City of Huntington Beach
Redevelopment Agency TITLE: Chairman
RVPUB\KSC\550357 Page I of 3
OFFICIAL BALLOT
SPECIAL ELECTION FOR CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT), COUNTY OF
ORANGE, STATE OF CALIFORNIA
APRIL 17, 2000
To vote, mark a cross(+)in the voting square after the word "YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make
the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City
of Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an aggregate principal amount
not to exceed $16,000,000 be incurred by and
for City of Huntington Beach Community
Facilities District No. 2000-1 (Grand Coast
Resort), County of Orange, State of
California, for a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed 12 percent per annum, or
such other rate as may be the maximum
interest rate permitted by law, for the:purpose
of 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 paying costs
incidental to the sale of bonds, the formation
of the Community Facilities District, and the
design, construction, and acquisition of the
public facilities, including all costs and esti-
mated costs of construction of the public facili-
ties, acquisition of land and rights-of-way,
satisfaction of contractual obligations relating
to expenses or the advancement of funds for
The City of Huntington Beach Redevelopment Agency
16 votes
RVPUB\KSC\550357 Page 1 of 3
r
expenses existing at the time the bonds are
issued, architectural, engineering, inspection,
legal,fiscal and financial consultant fees,bond
and other reserve funds, bond discount,
interest on any bonds of the Community Facil-
ities District estimated to be due and payable l�
within two years of the issuance of the bonds,
election costs, and all costs of issuance of the
bonds, including, but not limited to, fees for
bond counsel,costs of obtaining credit ratings, Proposition A]
bond insurance premiums, fees for letters of YES
credit or other credit enhancement costs, and
printing costs? NO
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City
of Huntington Beach Community Facilities
District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California, to pay
the principal of and interest on the bonds of
the community facilities district issued and sold
to finance 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
costs incidental thereto, to 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, at the special tax rates
and pursuant to the method of apportioning
the special taxes set forth in Exhibit "B" to
Resolution No. adopted by the City
The City of Huntington Beach Redevelopment Agency
16 votes
RVPUB\KSC\550357 Page 2 of 3
Council of the City of Huntington Beach on [Proposition s1
April 17, 2000? 11 YES
CM- I
NO
PROPOSITION C: 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 P oposition c1
Huntington Beach Community Facilities YES
District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California, in the NO
amount of$1,750,000?
The City of Huntington Beach Redevelopment Agency
16 votes
RVPunvsc\550357 Page 3 of 3
RESOLUTION NO. 2000-37
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. 2000-1
(GRAND COAST RESORT)A PROPOSITION TO INCUR A BONDED
INDEBTEDNESS,A PROPOSITION WITH RESPECT TO THE
ANNUAL LEVY OF SPECIAL TAXES WITHIN THE
COMI UNITY FACILITIES DISTRICT TO PAY
PRNCIPAL OF AND INTEREST ON BONDS
THEREOF AND A PROPOSITION WITH
RESPECT TO THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT
FOR THE COMMUNITY
FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code the City
Council (the "City Council") of the City of Huntington Beach ("City") has adopted the Resolution of
Formation of City of Huntington Beach Community Facilities District No.2000-1 (Grand Coast Resort),
County of Orange, State of California(the "Community Facilities District"), establishing the Community
Facilities District and the boundaries thereof(the"Resolution of Formation');and
WHEREAS, pursuant to Section 53351 of the California Government Code, the City
Council has also adopted a resolution determining that it is necessary that the Community Facilities District
incur a bonded indebtedness in an amount not to exceed $16,000,000 which together with other funds
available to City will be used to finance the construction, acquisition, furnishing and equipping of certain
public facilities for the Community Facilities District;and
WHEREAS,pursuant to Section 53326 ofthe California Government Code,it is necessary
that the City Council submit to the voters of the Community Facilities District 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,if such bonds are authorized and issued; and
WHEREAS,pursuant to Section 53325.7 of the California Government Code,the City
Council may also submit to the voters of the Community Facilities District a proposition for the
establishment of an appropriations limit for the Community Facilities District;
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: (i)the foregoing recitals are true and
correct; (ii) 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 on April 17,2000;(iii)pursuant
RVPUB\KAB\507601
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 Community
Facilities 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 Community Facilities District which would be subject to the proposed special taxes if they
were levied at the time of the election; (iv) the landowners of the Community Facilities District have by
unanimous 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 proposition of
the Community Facilities District incurring a 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 April 17,2000, (c)waived notice and mailed notice of the time and date of the consolidated
special elections, (d)waived an impartial analysis by Counsel to City ofthe 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 12114 of that Code; and(v)the Clerk(the "Clerk")has consented to the holding of
the consolidated special elections on April 17,2000.
Section 2. Determinations. The City Council hereby finds that, pursuant to Sections
3.56.070(i) and 3.56.040 of the City's Special Tax Financing Improvement Code, in order to carry out
the purposes of such Code,and in order for the City and City of Huntington Beach Redevelopment Agency
C Agency') to carry out their respective purposes, it is necessary and convenient to determine that the
Agency is a public agency landowner subject to a special tax.
Section 3. Procedures in Connection with Special Tax. The City hereby finds that,
pursuant to Section 3.56.070(i) of the City Special Tax Financing Improvement Code,the Agency,as fee
title owner or leaseholder of any land within the District is considered a public agency landowner and,as
such, is entitled to cast votes based on such possessory interest in land located within the District for the
special election proceedings scheduled to take place in connection with the formation of the District,and
is subject to the levy and collection of special taxes and potential foreclosure proceedings in connection
therewith
Section 4. Call of Election The City Council hereby calls and schedules a special election
for April 17, 2000 on the proposition of the annual levy of special taxes within the Community Facilities
District for the provision of public facilities for the Community Facilities District and for the payment of
principal of and interest on the bonds of the Community Facilities District, and on the proposition of the
establishment of an appropriations limit for the Community Facilities District.
Section 5. Propositions. The propositions to be submitted to the voters ofthe Community
Facilities District at such special election shall be as follows:
-2-
RVPUB\KAB\507601
First Proposition
Shall a bonded indebtedness in an aggregate principal amount not to exceed
$16,000,000 be incurred.by and for City of Huntington Beach Community Facilities
District No. 2000-1 (Grand Coast Resort),County of Orange, State of California,for a
maximum term of not more than 40 years and with interest at a rate or rates not to exceed
12 percent per annum,or such other rate as may be the maximum interest rate permitted
by law, for the purpose 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 paying costs incidental to the sale of bonds,the formation of the Community
Facilities District, and the design, construction, and acquisition of the public facilities,
including all costs and estimated costs of construction of the public facilities,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,fiscal and financial consultant fees,bond and other reserve
funds,bond discount,interest on any bonds of the Community Facilities District estimated
to be due and payable within two years of the issuance of the bonds, 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 or other
credit enhancement costs,and printing costs?
Second Proposition
Shall special taxes be levied annually on taxable property within City of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),
County of Orange, State ofCalifornia,to pay the principal of and interest on the bonds of
the community facilities district issued and sold to finance the construction, acquisition,
finishing and equipping ofpublic facilities which are necessary to meet increased demands
placed upon the City as a result of the development of said real property, and costs .
incidental thereto,to 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,at the special tax rates
and pursuant to the method of apportioning the special taxes set forth in Exhibit 'B" to
Resolution No.),Pco-33adopted by the City Council of the City of Huntington Beach on
April 17,2000?
-3-
RVPUB\KAB\507601
Third Proposition
Shall an appropriations limit,as defined by subdivision(h)of Section 8 of Article
)III B of the California Constitution, be established for City of Huntington Beach
Community Facilities District No.2000-1 (Grand Coast Resort),County of Orange,State
of California,in the amount of$1,750,000?
Section 4. Consolidation of Elections. The special election called hereby on the propo-
sitions to be submitted to the voters of the Community Facilities District, as set forth in Section 3 hereof,
shall be consolidated with the election on the proposition for the incurring of a bonded indebtedness for the
Community Facilities District.The ballot for said consolidated elections shall be in the form 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 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 Community Facilities District incurring a bonded
indebtedness in an amount not to exceed$16,000,000(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$1,750,000(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 Clerk by mail
with return postage prepaid.
(b) Pursuant to applicable sections of the Califomia Elections Code governing the
conduct of mail ballot elections,and in particular Division 4 (commencing with Section 4000) of
that Code with respect to elections conducted by mail,the Clerk shall mail to each qualified elector
an official ballot in the form attached hereto as Exhibit"A,"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, a return identification envelope with prepaid
postage thereon addressed to the Clerk for the return of voted official ballots,and a copy of the
Resolution of Formation and the exhibits thereto.
(c) The official ballot to be mailed 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,
-4-
RVPUB\KAB\507601
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.
(d) The return identification envelope delivered by the Clerk to eachlandowner shall
have printed or typed thereon the following: (i)the name of the landowner,(ii)the address of the
landowner, (ii.i) a declaration under penalty ofperjury 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 Clerk.
(e) The information 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 by 7:00 p.m. on the date of the election, or
immediately after the Resolution Calling the Special Election has been adopted.
(fj Upon receipt ofthe 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 at its next regular
meeting as to the results of such canvass and the election on each proposition set forth in the official
ballot.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of April,2000.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: Ir]ITI TED AND APPROVED
62�!= L44-:4__� 1*4 C //,/w
City Add&strator Director of Economic Development
-5-
RVPUB\KAB\507601
EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION FOR CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT), COUNTY OF
ORANGE, STATE OF CALIFORNIA
APRIL 17, 2000
To vote, mark a cross(+)in the voting square after the word"YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make
the ballot void.
If you wrongly mark, tear, or deface this ballot,return it to the City Clerk of the City
of Huntington Beach and obtain another.
PROPOSITION A: Shall a bonded
indebtedness in an aggregate principal amount
not to exceed $16,000,000 be incurred by and
for City of Huntington Beach Community
Facilities District No. 2000-1 (Grand Coast
Resort), County of Orange, State of
California, for a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed 12 percent per annum, or
such other rate as may be the maximum
interest rate permitted by law, for the purpose
of 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 paying costs
incidental to the sale of bonds, the formation
of the Community Facilities District, and the
design, construction, and acquisition of the
public facilities, including all costs and esti-
mated costs of construction ofthe public facili-
ties, acquisition of land and rights-of-way,
satisfaction of contractual obligations relating
to expenses or the advancement of funds for
The City of Huntington Beach Redevelopment Agency.
16 votes
RVPuB\Kscl550357 Page 1 of 3
CERTIFICATION
I certify that I am an authorized representative of the City of Huntington Beach
Redevelopment Agency;a redevelopment agency under the laws ofthe State of California,the owner. .
of all of the property within the boundaries of Gity ofHuntington Beach Comm nrty Facilities District
No.2000-1 (Grand Coast Resort), County of Orange, State of California,consisting of 15.103 acres,
and that as such authorized representative, I am authorized to and have voted 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 City of Huntington Beach Redevelopment Agency,to vote all votes to which the
City of Huntington Beach Redevelopment Agency, is entitled on Propositions A, B and C set forth
in said ballot as marked in the voting square opposite each such proposition. I further certify that
based on one vote per acre or portion of an acre of land which the City of Huntington Beach
Redevelopment Agency, owns within said community facilities district, said owner is entitled to the
number of votes shown on said ballot.
I certify that this certification was executed on April 17, 2000, at Huntington Beach,
California.
The City of Huntington Beach Redevelopment Agency,
" a redevelopment agency under the laws of the State
,.. :of California. . .
BY:
TITLE: Chairman
RVPUs\Icscl550357 Pagel of 3
expenses existing at the time the bonds are
issued, architectural, engineering, inspection,
legal,fiscal and financial consultant fees,bond
and other reserve funds, bond discount,
interest on any bonds of the Community Facil-
ities District estimated to be due and payable
within two years of the issuance of the bonds,
election costs, and all costs of issuance of the
bonds, including, but not limited to, fees for
bond counsel,costs of obtaining credit ratings, [Proposition A]
bond insurance premiums, fees for letters of YES
credit or other credit enhancement costs, and
printing costs? NO
PROPOSITION B: Shall special taxes be
levied annually on taxable property within City
of Huntington Beach Community Facilities
District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California, to pay
the principal of and interest on the bonds of
the community facilities district issued and sold
to finance 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
costs incidental thereto, to 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, at the special tax rates
and pursuant to the method of apportioning
the special taxes set forth in Exhibit "B" to
Resolution No.;?AV--36 adopted by the City
The City of Huntington Beach Redevelopment Agency
16 votes
RVPUBUCS05so357 Page 2 of 3
Y
Council of the City of Huntington Beach on [Proposition 6]
April 17, 2000? YES
NO
PROPOSITION C: 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 [Proposition c1
Huntington Beach Community Facilities YES
District No. 2000-1 (Grand Coast Resort),
County of Orange, State of California, in the NO
amount of$1,750,000?
The City of Huntington Beach Redevelopment Agency
16 votes
RVPus\cSC\550357 Page 3 of 3
Res. No. 2000-37
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, 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 a regular meeting thereof held on the 17th
day of April, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California
NOTICE OF ADOPTION BY TIIE'CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH OF A RESOLUTION DETERMINING THE
NECESSITY FOR _PROPOSED CITY .OF HUNTINGTON,.BEACH
` COMMUNITY FACILITIES DISTRICT NO. 20004 (GRAND COAST
RESORT) TO INCUR BONDED INDEBTEDNESS; IN.AN AGGREGATE,
RRINCIPAL AMOUNT NOT TO EXCEED $16,000,000 FOR PROVIDING
PUBLIC'FACILITIES WITHIN AND FOR THE COMMUNITY FACILITIES
DISTRICT, AND CALLING A SPECIAL ELECTION FOR THE
COMMUNITY FACILITIES DISTRICT ON THE PROPOSITION FOR "
INCURRING SUCH BONDED INDEBTEDNESS FOR FEBRUARY 22,2000.
NOTICE IS HEREBY GIVEN that on January 18,2000,the City Council of the City of
Huntington Beach adopted,a resolution determining the necessity for the proposed City of
PROOF OF P U B LI CATi O N Huntington Beach Community Facilities.District No. 2000-1 (Grand Coast Resort),of the
County of Orange,State of California(the"District"),to incur a bonded indebtedness in an
amount not to exceed$16,000,000 for providing public facilities within and for the District and
calling a special election,for the community facilities district on the proposition of the District
STATE OF CALIFORNIA) incurring such bonded indebtedness for February 22,2000.
The resolution determining necessity to incur bonded indebtedness provides in summary as
S S. follows:
1. It is necessary for the District to incur a bonded indebtedness in an aggregate principal
County of Orange
) amount not to exceed$16,000,000 for the purpose of providing the public facilities specified in
Resolution No.2000-5,the resolution of intention for the District.
2. All parcels of property within the 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
I am a Citizen of the United States and the design,construction and acquisition of public facilities which are of benefit to all such
resident of the County aforesaid• I ar1 parcels.
3. The aggregate principal amount of the bonded indebtedness to be incurred by the District
over the age of eighteen years, and not - (Continued mfiext page)
--
party to or interested in the belo — — - — pa9e)
shall not ---
entitled matter. i am a principal clerk o (continuednetted xceedspreceding516,000,000.7'he maximum term of the bonds shall not exceed 40 years.The
the H U N T I N GTO N BEACH INDEPENDENT, maximum annual rate of interest to be paid semiannually on the bonds shall not exceed 12
percent per antrum or such other rate as may be the maximum interest rate permitted by law.
newspa er of gtneral circulation, pri me 4. Ile proposition to be submitted to the voters within the Community FaVaities District
with respect to the proposed bonded indebtedness is as follows:
and p u l i s h e d in the City of H u n t i n gto Shall a bonded indebtedness in an aggregate principal amount not to exceed$16,0W W0 be
Beach! CO u n of Orange, State o incurred by and for Community-Facilities District No.2000-1(Grad Coast Resort)of
! the City of Huntington Beath,County of Orange.State of California,for a maximum
California, and that attached Notice i s term of not more than 40 years and with interest at a rate or rates not to exceed 12
percent per annum,or such other rate as may be the maximum interest rate permitted by
true and complete copy as was printec law, for the purpose of constructing and financing through the sale of bonds the
and published in the Huntington Bear construction, acquisition, furnishing and equipping of public facilities which are
necessary to meet increased demands placed upon.the City as a result of the
and Fountain Valley issues of saic development of said real property,and paying costs incidental to the sale of bonds,the
formation of the community facilities district, and the design, construction,and i
newspaper to wit the issue(s) of: acquisition of the public facilities, including all costs and estimated costs of
construction of the public facilities,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, i
fiscal and financial consultant fees, bond and other reserve funds, bond discount;
interest on any bonds of the community facilities district estimated to be due and
February 10, 2 O O O payable within two years of the issuance of the bonds,--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 or other.
credit enhancement costs,and printing costs.
5. The date of the special election with respect to the District incurring the aforementioned
bonded indebtedness,at which time the aforementioned proposition will be submitted to the
I declare, under penalty of perjury, t h a voters of the District is February 22,2000..The special election shaft be consolidated with the
the foregoing is true and correct. special election with respect to the propositions for(i)the levy of special taxes for the payment
of the principal and interest on the bonds of the Community Facilities District, and 00
establishing an appropriations limit for the Community Facilities District which have also been
called for February 22,2000.The consolidated special elections shall be conducted by mail
Executed on February 10 2 0 0 0 ballot.If all qualified electors have voted,the election shall be closed
, 6. A copy of the resolution determining the necessity to incur bonded indebtedness may be
at Costa Mesa, California. reviewed or obtained at the Office of the City Clerk of the City of Huntington Beach,
Huntington Beach Civic Center, 2000 Main Street, Second Floor, Huntington Beach,
California,92648.
DATED:January 27,2000 /st Connie Brockway
City Clerk
Published Huntington Beach-Fountain Valley Independent February 10,2000
022-694
Signature
Am
NOTICE OF HEARING ON RESOLUTION OF INTENTION TO
ESTABLISH PROPOSED CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND
COAST RESORT)
NOTICE IS HEREBY GIVEN that on January 18, 2000, the City Council of the
City of Huntington Beach adopted Resolution No._2000-5, the resolution of intention with
respect to the establishment of proposed City of Huntington Beach Community Facilities District
No. 2000-1 (Grand Coast Resort), of the 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.(or as soon thereafter as possible) on February 22, 2000,
in the City Council Chambers of the Huntington Beach Civic Center located at 2000 Main Street,
Huntington Beach, California.
Resolution No. 2000-5 adopted on January 18, 2000, provides in summary as
follows:
1. The name proposed for the community facilities district is "City .of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) of the County
of Orange, State of California".
2. The boundaries of the proposed community facilities district are shown on
the map entitled 'Boundaries of City of Huntington Beach Community Facilities District No.
2000-1 (Grand Coast Resort) of the County of Orange, State of California", which is on file with
the City Clerk of the City of Huntington Beach. That map is approved and the City Clerk shall
file the original of said map in her office, and not later than 15 days prior to the date of the public
hearing shall record a copy of said boundary map with the County Recorder of the County of
Orange.
3. The types of public services proposed to be provided for and financed by
the proposed community facilities district are the costs of maintenance 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. Proceeds from the sale of the bonds of
the proposed community facilities district may be used to pay costs associated with the
construction, acquisition, furnishing and equipping of facilities to benefit the lands within the
boundaries of the proposed community facilities district.
4. 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 other
incidental expenses shall be annually levied within the proposed community facilities district.
The maximum amounts of special taxes which may be annually levied are as follows:
ANNUAL MAXIMUM SPECIAL TAX.
As of any Interest Payment Date, the Maximum Special Tax for leasehold
interests in Taxable Property in CFD No. 2000-1 shall.be the greater of(1) $130,000 per Acre of
Taxable Property pursuant to which such leasehold interest pertains, or (2) the amount
determined pursuant to the following steps, but not to exceed in any event the Special Tax
Requirement applicable for any Fiscal Year:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.11 and all
the Administrative Expenses to determine the maximum potential Special Tax
Requirement for Bonds;
Step 3: Determine the Acreage of Taxable Property within the CFD;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to
determine the Maximum Fixed Rate Special Tax per Acre of Taxable Property in
the CFD.
The conditions under which the obligation to pay the special taxes may be prepaid and
permanently satisfied are as set forth in Exhibit "B" to Resolution No. 2000-5.
RVPUB\KSC\547602
2
` C
t
METHOD OF APPORTIONMENT OF THE SPECIAL TAX.
At least twelve business days prior to an Interest Payment Date, the Administrator shall
determine or cause to be determined the Special Tax Requirement for the Interest Payment Date.
The Special Tax shall then be levied proportionately per Acre on the leasehold interest in each
Assessor's Parcel of Taxable Property up to 100% of the Maximum Special Tax for Taxable
Property, as determined by reference to the Annual Maximum Special Tax calculation steps set
forth above and in Section C to Exhibit `B" of Resolution No. 2000-5, until the amount levied is
equal to the Special Tax Requirement due on the Interest Payment Date.
MANNER OF COLLECTION.
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2000-1 may directly bill the Special
Tax and may collect Special Taxes at a different time or manner if necessary to meet it's
financial obligations, and may covenant to foreclose and may actually foreclose on the leasehold
interest in delinquent Assessor's Parcels as permitted by the Mello Roos Community Facilities
Act of 1982.
5. A public hearing on the establishment of the proposed community
facilities district shall be held at 7:00 p.m. on February 22, 2000 in the City Council Chambers of
the Civic Center of the City of Huntington Beach located at 2000 Main Street, Huntington Beach,
California.
6. The City Clerk shall publish a notice of the time and place of said hearing
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. Said
notice shall be published at least seven (7) days and mailed at least 15 days before the date of the
hearing.
7. At or before the time of said hearing, a report or-reports shall be prepared
RVPUBUCSC\547602
3
and filed 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.
8. The consolidated special elections on (i) the proposition of the proposed
community facilities district incurring a bonded indebtedness in an amount not to exceed
$16,000,000, (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 $1,750,000 if the community facilities district is established
and such 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 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 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 and the consolidated special
elections shall be conducted as a mail ballot election. If 12 persons have not been registered to.
vote within the territory of the proposed community facilities district for each of the 90 days
preceding the close of the protest hearing, 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
RVPUB\KSC\547602
4
vote for each acre or portion of an acre of land that he or she owns within the proposed
community facilities district. In that event, the consolidated special elections shall be conducted
by the City Clerk as specified in Resolution No. 2000-5 and applicable sections of the California
Elections Code.
In that event, 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.
The instruction to voter form to be mailed 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 on the date of the election.
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.
Resolution No. 2000-5 contains other provisions which are not summarized
above. A copy of Resolution No: 2000-5 may be reviewed or obtained at the office of the City
Clerk of the City of Huntington Beach in the Civic Center located at 2000 Main Street, Second
Floor,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, or the furnishing
of specified types of public facilities will be heard. If 50 percent or more of the registered voters,
RVPUB\KSC\547602
5
or six registered voters, whichever is more, residing within the territory proposed to be included
in the proposed community facilities district and not exempt from the levy of special taxes, or the
owners of one-half or more of the area of the land in said territory, 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 within the community facilities district, or against levying a specified special tax, those
types of facilities or the specified special tax will be eliminated from the resolution of formation
establishing the community facilities district.
DATED:
---------------- ----------------c��--------
Connie Brockway
City Clerk of the City of Huntington Beach
RVPUBUCSC\547602
6
i
NOTICE OF ADOPTION BY THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH OF A RESOLUTION
DETERMINING THE NECESSITY FOR PROPOSED CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT) TO INCUR BONDED
INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $16,000,000 FOR PROVIDING PUBLIC
FACILITIES WITHIN AND FOR THE CONIlVIUNITY
FACILITIES DISTRICT, AND CALLING A SPECIAL
ELECTION FOR THE COMMUNITY FACILITIES DISTRICT
ON THE PROPOSITION FOR INCURRING SUCH BONDED
INDEBTEDNESS FOR FEBRUARY 22, 2000
NOTICE IS HEREBY GIVEN that on January 18, 2000, the City Council-of
the City of Huntington Beach adopted a resolution determining the necessity for the
proposed City of Huntington Beach Community Facilities District No. 2000-1 (Grand
Coast Resort),
of the County of Orange, State of California (the 'District"), to incur a bonded
indebtedness in an amount not to exceed $16,000,000 for providing public facilities
within and for the District and calling a special election for the community facilities
district on the proposition of the District incurring such bonded indebtedness for February
22, 2000.
The resolution determining necessity to incur bonded indebtedness provides
in summary as follows:
1. It is necessary for the District to incur a bonded indebtedness in an.
aggregate principal amount not to exceed $16,000,000 for the purpose of providing the.
public facilities specified in Resolution No. 2000-5, the resolution of intention for the
District.
2. All parcels of property within the 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, construction and acquisition of public facilities
which are of benefit to all such parcels.
3. The aggregate principal amount of the bonded indebtedness to be
incurred by the District shall not exceed $16,000,000. The maximum term of the bonds
shall not exceed 40 years. The maximum annual rate of interest to be paid semiannually
on the bonds shall not exceed 12 percent per annum or such other rate as may be the
maximum interest rate permitted by law.
4. The proposition to be submitted to the voters within the Community
Facilities District with respect to the proposed bonded indebtedness is as follows:
Shall a bonded indebtedness in an aggregate principal amount not to exceed
$16,000,000 be incurred by and for Community Facilities District No.
2000-1 (Grand Coast Resort) of the City of Huntington Beach, County of
Orange, State of California, for a maximum term of not more than -40
years and with interest at a rate or rates not to exceed 12 percent per
annum, or such other rate as may be the maximum interest rate permitted
by law, for the purpose 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 paying costs
incidental to the sale of bonds, the formation of the community facilities
district, and the design, construction, and acquisition of the public
facilities, including all costs and estimated costs of construction of the
public facilities, 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, fiscal and financial consultant fees, bond
and other reserve funds, bond discount, interest on any bonds of the
community facilities district estimated to be due and payable within two
years of the issuance of the bonds, 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 or other credit enhancement costs, and printing costs.
5. The date of the special election with respect to the District incurring
the aforementioned bonded indebtedness, at which time the aforementioned proposition
will be submitted to the voters of the District is February 22, 2000. The special election
shall be consolidated with the special election with respect to the propositions for (i) the
levy of special taxes for the payment of the principal and interest on the bonds of the
Community Facilities District, and (ii) establishing an appropriations limit for the
Community Facilities District which have also been called for February 22, 2000. The
consolidated special elections shall be conducted by mail ballot. If all qualified electors
have voted, the election shall be closed.
6. A copy of the resolution determining the necessity to incur bonded
indebtedness may be reviewed or obtained at the office of the City Clerk of the.City of
Huntington Beach, Huntington Beach Civic _Center, 2000 Main Street, Second Floor,
Huntington Beach, California, 92648.
DATED: 9 j govo
Connie Brockway,
City Clerk of the City of Huntington Beach
PUBLISH: February 10, 2000
MAIL TO PROPERTY OWNER(S): February 4, 2000
� F
RVPUBMS3547627
consolidated special elections shall be conducted by mail ballot. If all qualified electors
have voted, the election shall be closed.
6. A copy of the resolution determining the necessity to incur bonded
indebtedness may be reviewed or obtained at the office of the City Clerk of the City of
Huntington Beach, Huntington Beach Civic Center, 2000 Main Street, Second Floor,
Huntington Beach, California, 92648.
DATED: �u ;27z P-0c
Connie Brockway,
City Clerk of the City of Huntington Beach
PUBLISH: February 10, 2000
MAIL TO PROPERTY OWNER(S): February 4, 2000
a
i
RVPUB\KSC\547627
NOTICE OF HEARING ON RESOLUTION OF INTENTION TO
ESTABLISH PROPOSED CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND
COAST RESORT)
NOTICE IS HEREBY GIVEN that on January 18, 2000, the City Council of the
qj�y iP Huntington Beach adopted Resolution No. 2000-5, the resolution of intention with
respect to the establishment of proposed City of Huntington Beach Community Facilities District
No. 2000-1 (Grand Coast Resort), of the 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.(or as soon thereafter as possible) on February 22, 2000,
in the City Council Chambers of the Huntington Beach Civic Center located at 2000 Main Street,
Huntington Beach, California.
Resolution No. 2000-5 adopted on January 18, 2000, provides in summary as
follows:
1. The name proposed for the community facilities district is "City of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) of the County
of Orange,State of California".
2. The boundaries of the proposed community facilities district are shown on
the map entitled 'Boundaries of City of Huntington Beach Community Facilities District No.
2000-1 (Grand Coast Resort) of the County of Orange, State of California", which is on file with
the City Clerk of the City of Huntington Beach. That map is approved and the City Clerk shall
file the original of said map in her office, and not later than 15 days prior to the date of the public
hearing shall record a copy of said boundary map with the County Recorder of the County of
Orange.
3. The types of public services proposed to be provided for and financed by
the proposed community facilities district are the costs of maintenance 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
t ,
City as a result of the development of said real property. Proceeds from the sale of the bonds of
the proposed community facilities district may be used to pay costs associated with the
construction, acquisition, furnishing and equipping of facilities to benefit the lands within the
boundaries of the proposed community facilities district.
4. 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 other
incidental expenses shall be annually levied within the proposed community facilities district.
The maximum amounts of special taxes which may be annually levied are as follows:
ANNUAL MAXIMUM SPECIAL TAX. _
As of any Interest Payment Date, the Maximum Special Tax for leasehold
interests in Taxable Property in CFD No. 2000-1 shall be the greater of(1) $130,000 per Acre of
Taxable Property pursuant to which such leasehold interest pertains, or (2) the amount
determined pursuant to the following steps, but not to exceed in any event the Special Tax
Requirement applicable for any Fiscal Year:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.11 and all
the Administrative Expenses to determine the maximum potential Special Tax
Requirement for Bonds;
Step 3: Determine the Acreage of Taxable Property within the CFD;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to
determine the Maximum Fixed Rate Special Tax per Acre of Taxable Property in
the CFD.
The conditions under which the obligation to pay the special taxes may be prepaid and
permanently satisfied are as set forth in Exhibit "B" to Resolution No. 2000-5.
RVPUMKSC�547602
2
METHOD OF APPORTIONMENT OF THE SPECIAL TAX.
At least twelve business days prior to an Interest Payment Date, the Administrator shall
determine or cause to be determined the Special Tax Requirement for the Interest Payment Date.
The Special Tax shall then be levied proportionately per Acre on the leasehold interest in each
Assessor's Parcel of Taxable Property up to 100% of the Maximum Special Tax for Taxable
Property, as determined by reference to the Annual Maximum Special Tax calculation steps set
forth above and in Section C to Exhibit `B" of Resolution No. 2000-5, until the amount levied is
equal to the Special Tax Requirement due on the Interest Payment Date.
MANNER OF COLLECTION.
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2000-1 may directly bill the Special
Tax and may collect Special Taxes at a different time or manner if necessary to meet it's
financial obligations, and may covenant to foreclose and may actually foreclose on the leasehold
interest in delinquent Assessor's Parcels as permitted by the Mello Roos Community Facilities
Act of 1982.
5. A public hearing on the establishment of the proposed community
facilities district shall be held at 7:00 p.m. on February 22, 2000 in the City Council Chambers of
the Civic Center of the City of Huntington Beach located at 2000 Main Street, Huntington Beach,
California.
6. The City Clerk shall publish a notice of the time and place of said hearing
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. Said
notice shall be published at least seven (7) days and mailed at least 15 days before the date of the
hearing.
7. At or before the time of said hearing, a report or reports shall be prepared
RVPUBUCSC1547602
3
and filed 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.
8. The consolidated special elections on (i).the proposition of the proposed
community facilities district incurring a bonded indebtedness in an amount not to exceed
$16,000,000, (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 $1,750,000 if the community facilities district is established
and such 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 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 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 and the consolidated special
elections shall be conducted as a mail ballot election. If 12 persons have not been registered to
vote within the territory of the proposed community facilities district for each of the 90 days
preceding the close of the protest hearing, 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
RVPUB\KSC\547602
4
4
vote for each acre or portion of an acre of land that he or she owns within the proposed
community facilities district. In that event, the consolidated special elections shall be conducted
by the City Clerk as.specified in Resolution No. 2000-5 and applicable sections of the California
Elections Code.
In that event, 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.
The instruction to voter form to be mailed 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 on the date of the election.
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.
Resolution No. 2000-5 contains other provisions which are not summarized
above. A copy of Resolution No. 2000-5 may be reviewed or obtained at the office of the City
Clerk of the City of Huntington Beach in the Civic Center located at 2000 Main Street, Second
Floor, 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, or the furnishing
of specified types of public facilities will be heard. If 50 percent or more of the registered voters,
RVPUBVCSCl547602
5
a
or six registered voters, whichever is more, residing within the territory proposed to be included
in the proposed community facilities district and not exempt from the levy of special taxes, or the
owners of one-half or more of the area of the land in said territory, 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 within the community facilities district, or against levying a specified special tax, those
types of facilities or the specified special tax will be eliminated from the resolution of formation
establishing the community facilities district.
DATED: ? a �
v
---------------- ---------------- ------
Connie Brockway
City Clerk of the City of Huntington Beach
RVPUB\KSC\547602
6
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
A RTHUR L. LITTLEWORTH' BRADLEY E. NEUFELD RICHARD T. EGGER C. MARIO JARAMILLO 3750 UNIVERSITY AVENUE
WILLIAM R. DEWOLFE' PETER M. BARMACK DAVID J. HANCOCK JAY J. LEE P.O. BOX 1 028
RICHARD T. ANDERSON' JEFFREY V. DUNN HAYLEY E. PETERS ON JAMES C.TURNEY RIVERSIDE, CALIFORNIA 9 2 502-1 02 8
JOHN D WAHLIN' STEVEN C. DEBAUN ROGER K. CRAWFORD MICHAEL D. DOLIDA
JOHN E..BROWN ERIC L. GARNER' SHAWN D. HAGERTY CATIA C. HAGOPIAN TELEPHONE(909)686-1 450
MICHAEL T. RIDDELL' DENNIS M. COTA JAMES P. MORRIS LISA N. LE TELECOPIERS
MICHAEL GRANT- P.H.W.F. PEARCE KEVIN T. COLLI NS LCCARIE S.WH17FIELD (909)G85-3083 882-481 2
FRANCIS J. BAUM' ROB ERT W. HARGREAVES CAR L. CRAIG KAREN M. FREEMAN WWW.BBKLAW.COM
G EORGE M. REYES,' C. MICHAEL COWETT DAVID W. NEWMAN JOHN D. HIGGINBOTHAM
WILLIAM W. FLOYD,JR. BRUCE W. BEACH JENNIFER T. BUCKMAN MALATHY SUBRAMANIAN
GREGORY L. HARDKE ARLENE PRATER MARIA E. GLESS USI MESHREKY OF COUNSEL
KENDALL H. MAcVEY MARK A. EASTER GLEN W. PRICE CRAIG M. MARSHALL CHRISTOPHER L. CARPENTER'
CLARK H. ALSOP MICHELLE OUELLETTE MARYMICHAEL McLEOD JEFFREY S. BALLINGER MICHAEL D. HARRIS'
DAVID J. ERWIN' KEVIN K. RANDOLPH JAMES R.TOUCHSTONE M.THERESA TOLEN71NO
MICHAEL J. ANDELSON' CYNTHIA M. GERMANO STEVEN M.ANDERSON JUDY L. voH ENDE ANNE T.THOMAS'
DOUGLAS S. PHILLIPS' MARGUERITE S. STRAND ROBERT L. PATTERSON THERESA E.ANTONUCCI DONALD F.ZIMMER'
GREGORY K.WILKINSON KYLE A.SNOW BRYAN K. BENARD MELISSA W.WOO CHRISTINA L. DYER
GENE TANAKA JAMES B. GILPIN PAULA C.P.—SOUSA FRANKLIN C.ADAMS
VICTOR L.WOLF KIM A. BYRENS LYSA M.SALTZMAN WILLIAM WOOD MERRILL
DANIEL E. OLIVIER DEAN DERLETH MARCO A. MARTINEZ
HOWARD B. GOLDS SONIA RUBIO CARVALHO JOHN F.WALSH D. BRIAN REIDER
STEPHEN P. DEITSCH JOHN O. PINKNEY DANIEL G. STEVENSON KIRK W.SMITH
JOHN R. ROTTSCHAEFER - PIERO C. DALLARDA JEFFRY F. FERRE
MARTIN A. MUELLER DWIGHT M. MONTGOMERY DORINE LAWRENCE-HUGHES OFFICES IN
J. MICHAEL SUMMEROUR WILLIAM D. DAHLING,JR. BRIAN P. HICKEY RANCHO MIRAGE(760) 568-261 1
SC
C. SMITH BERNIE L.WILLIAMSON ALISON D. ALPERT RAYMOND BEST(I 868-1597)
JACK B. CLARKE,JR. G. HENRY WELLES JORGE A. MARTINEZ JAMES H. KRIEGER(191 3-1975) ONTARIO(909)989-8584
BRIAN M. LEWIS' DINA O. HARRIS KRISHAN S. CHOPRA EUGENE BEST(1893-1981) SAN DIEGO(619) 525-1300
'A PROFESSIONAL CORPORATION
File No.23816.00000
April 5, 2000
Gus Duran
Housing and Redevelopment Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: City of Huntington Beach Community Facilities District No. 2000-1 (Grand
Coast Resort)
Dear Mr. Duran:
Enclosed please find a declaration of mailing for the notice of hearing on the resolution
of intention for the above-referenced proceeding. Please execute the declaration where indicated and
attach a copy of the notice of hearing to the declaration. The declaration should be in the city clerk's
possession for the April 17, 2000 council meeting.
Please call with any questions.
Very truly yours,
47�CA,
Krishan Chopra
for BEST BEST & KRIEGER LLP
KSC:mfa
Enclosure RECEIVED
APR 10 7 2000
RVPLB\KSC\560578
DEPARTMENT OF
E=10M16 DEVELOPtA0,17
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
PROPERTY OWNER
City of Huntington Beach Redevelopment Agency
c/o Economic Development Department
2000 Main Street, 5th Floor
Huntington Beach, CA 92648
RVPUB\KSC\560514 2
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
NOTICE OF HEARING(attached)
RVPUBUCSC\560514 3
DECLARATION OF MAILING
NOTICE OF HEARING
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
I, Gus Duran, on behalf of the City Clerk of the City of Huntington Beach, hereby
declare that on the 2nd day of February, 2000, pursuant to the provisions of law applicable herein,
I caused a copy of the attached Notice of Hearing on Resolution of Intention with respect to the
formation of City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast
Resort)to be placed in an envelope addressed to an owner of real property within the territory of City
of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort), sealed such
envelope and deposited it in the United States mail at Huntington Beach, 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.
A copy of the Notice of Hearing and the address of the property owner to whom the
notice was mailed are attached hereto.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 7th day of April, 2000, at Huntington Beach, California.
Gus 1juran
RVPUB\KSC\560514 I
NOTICE OF ADOPTION BY THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH OF A RESOLUTION
DETERMINING THE NECESSITY FOR PROPOSED CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT) TO INCUR BONDED
w✓ INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT
= NOT TO EXCEED $16,000,000 FOR PROVIDING PUBLIC
r FACILITIES WITHIN AND FOR THE COMMUNITY
cm FACILITIES DISTRICT, AND CALLING A SPECIAL
' ELECTION FOR THE COMMUNITY FACILITIES DISTRICT
r ON THE PROPOSITION FOR INCURRING SUCH BONDED
INDEBTEDNESS FOR FEBRUARY 22, 2000
NOTICE IS HEREBY GIVEN that on January 18, 200.0, the City Council of
the City of Huntington Beach adopted a resolution determining the necessity for the
proposed City of Huntington Beach Community Facilities District No. 2000-1 (Grand
Coast Resort),
of the County of Orange, State of California (the 'District"), to incur a bonded
indebtedness in an amount not to exceed $16,000,000 for providing public facilities
within and for the District and calling a special election for the community facilities
district on the proposition of the District incurring such bonded indebtedness for February
22, 2000.
The resolution determining necessity to incur bonded indebtedness provides
in summary as follows:
1. It is necessary for the District to incur a bonded indebtedness in an .
aggregate principal amount not to exceed $16,000,000 for the purpose of providing the.
public facilities specified in Resolution No. 2000-5, the resolution of intention for the
District.
2. All parcels of property within the 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, construction and acquisition of public facilities
I
which are of benefit to all such parcels.
41
3. The aggregate principal amount of the bonded indebtedness to be
incurred by the District shall not exceed $16,000,000. The maximum term of the bonds
shall not exceed 40 years. The maximum annual rate of interest to be paid semiannually
on the bonds shall not exceed 12 percent per annum or such other rate as may be the
maximum interest rate permitted by law.
4. The proposition to be submitted to the voters within the Community
Facilities District with respect to the proposed bonded indebtedness is as follows:
Shall a bonded indebtedness in an aggregate principal amount not to exceed
$16,000,000 be incurred by and for Community Facilities District No.
2000-1 (Grand Coast Resort) of the City of Huntington Beach, County of
Orange, State of California, for a maximum term of not more than 40
years and with interest at a rate or rates not to exceed 12 percent per
annum, or such other rate as may be the maximum interest rate permitted
by law, for the purpose 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 paying costs
incidental to the sale of bonds, the formation of the community facilities
district, and the design, construction, and acquisition of the public
facilities, including all costs and estimated costs of construction of the
public facilities, 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, fiscal and financial consultant fees, bond
and other reserve funds, bond discount, interest on any bonds of the
community facilities district estimated to be due and payable within two
years of the issuance of the bonds, 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 or other credit enhancement costs, and printing costs.
5. The date of the special election with respect to the District incurring
the aforementioned bonded indebtedness, at which time the aforementioned proposition
will be submitted to the voters of the District is February 22, 2000. The special election
shall be consolidated with the special election with respect to the propositions for (i) the
levy of special taxes for the payment of the principal and interest on the bonds of the
Community Facilities District, and (ii) establishing an appropriations limit for the
Community Facilities District which have also been called for February 22, 2000. The
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT), COUNTY OF ORANGE,
"STATE OF CALIFORNIA
Special Election with Respect to
(i) Incurring a Bonded Indebtedness
for the Community Facilities District
(ii) Annual Levy of Special Taxes to Pay
the Principal of and Interest on Bonds thereof
(iii)Establishment of an Appropriations Limit
April 17, 2000
Ballot Pamphlet
and
Instructions to Voter
RVPLB\KSC\551842
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. 2000-1 (Grand Coast Resort), County
of Orange, State of California. This is an all-mailed ballot landowner election. The ballots are being
mailed to the persons or entities listed on the County Assessor's latest equalized assessment roll, as
updated by information known 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. 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 April 17, 2000, or immediately after the Resolution
Callingthe Special Election is adopted. 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 of the City Council,
of the City of Huntington Beach.
If you have any questions, please contact us at (714) 536-5227.
Very truly yours,
CITY CLERK
CITY OF HUNTINGTON BEACH
By: /s/
Connie Brockway
RVPUB\KSC\551842 -2-
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 affi-
davit 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 April 17, 2000, or immediately after the Resolution Calling the
Special Election is adopted 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
8353 Sierra Avenue, Huntington Beach, California 92335.
RVPUB\KSC\551842 -3-
� a
r �
SAMPLE BALLOT - DO NOT VOTE
OFFICIAL BALLOT
SPECIAL ELECTION FOR
CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES
DISTRICT NO. 2000-1(GRAND COAST RESORT),
COUNTY OF ORANGE,
STATE OF CALIFORNIA
April 17, 2000
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 aggregate principal amount not to exceed
.$16,000,000 be incurred by and for City of
Huntington Beach Community Facilities DistrictNo.
2000-.1 (Grand Coast Resort), County of Orange,
State of California,for a maximum term of not more
than 40 years and with interest at a rate or rates not
to exceed 12 percent per annum, or such other rate
as may be the maximum interest rate permitted by
law, for the purpose of 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 paying costs incidental to the sale of
-bonds, the formation of the Community Facilities
District, and the design, construction, and acqui-
sition of the public facilities, including all costs and
estimated costs of construction of the public facili-
ties, acquisition of land and rights-of-way, satis-
faction of contractual obligations relating to
expenses or the advancement of funds for expenses [Proposition A]
existing at the time the bonds are issued,architectur- YES
al, engineering, inspection, legal, fiscal and financial
consultant fees,bond and other reserve funds, bond NO
discount, interest on any bonds of the Community
Page 1 of 2
RVPUB\KSC\551842
Facilities District estimated to be due and payable
within two years of the issuance of the bonds,
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 pre-
miums, fees for letters of credit or other credit
enhancement costs, and printing costs?
PROPOSITION B: Shall special taxes be levied
annually on taxable property within City of
Huntington Beach Community Facilities District No.
2000-1 (Grand Coast Resort), County of Orange,
State of California,to pay the principal of and inter-
est on the bonds of the community facilities district
issued and sold to finance the construction,
acquisition, furnishing and equipping of public
facilities which are necessary to meet increased
demandsi placed upon the City as a result of the
development of said real property, and costs
incidental thereto, to 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 [Proposition B]
long as the special taxes are needed to pay the prin- YES
cipal of and interest on the bonds and for such other
purposes, at the special tax rates and pursuant to the NO
method of apportioning the special taxes set forth in
Exhibit "B" to Resolution No. adopted by the
City Council of the City of Huntington Beach on
April 17, 2000?
PROPOSITION C: Shall an appropriations limit, [Proposition c1
as defined by subdivision (h) of Section 8 of
Article XIII B of the California Constitution, be YES
established for City of Huntington Beach —
Community Facilities District No.2000-1 (Grand NO
Coast Resort), County of Orange, State of
California, in the amount of $1,7k,000?
RVPUB\Ksc\551842 A-2 Page 2 of 2
-- d1�TF�vMe►JT N0. ZDOD00382$�
gi
PROPOSED BOUNDARIES OF THE CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST RESORT)
COUNTY OF ORANGE, STATE OF CALIFORNIA
I i
I ,
IQe(ged+ANJ/2fQvfs7in Qy:G�Yy uG Mvnrf/A+Gac+ Tend+
I I
TWIN a DOLPHIN DRIVE FILED THIS Z DAY OF -*'J AT THE HOUR OF O AL'CLOCKM
IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACIL1TES DISTRICTS
AT PAGE v IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF
I N J756'06 E 33700' ORANGE. STATE OF CALIFORNIA.Pri.0 Bx4O+/l. /AlOiurM 1%7il mWARZ."
/
I} N3J5J'4dE� 6My L. G?AMVI/IGA COUNTY&A6ROER OF COUNTY OF ORANGE
1
I
1
^ U I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF
THE CITY OF HUNTNGTON BEACH COMMUNITY FACILITIES DISTRICT NO 2000-I,
COUNTY OF ORANGE, STATE OF CAUFORNIA, WAS APPROVED BY THE CITY
I N o COUNCIL OF THE CITY OF HINTNCTON BEACH AT A REGULAR MEETING
I —— THEREOF,HELD ON THE[ _DAY OF jL.+yiy luq,BY ITS RESOLUTION NO.
III NJ8.57'51_E U 2am3
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HUNTNGTON BEACH
THIS'DAY OF abwq,a-0
41• 39•
80 N3S15'45E(R) THE CITY CLERK OF TH CITY OF HUNTNCTON BEACH
I
LEGAL.DESCRIPTION
700' R LOT 1 OF TRACT NO. 15535.RECORDED SEPTEMBER 14. 7999 IN MAP BOOK
—NNt545E 790.PAGES 44-50,RECORDS OF ORANGE COUNTY, CALIFORNIA.
50' 50-
1 u N3705.56 E(Rz
I = I n MICHAEL SIMON P.L.S.N0. 6034 EXP 6-30-01
n i a o U I n
n I LOT I TnAC I" 15535 m I 25Eo LAND SUgL
N
i
15,103 ACri—F:�S 1 N3705'S6"E(R)
L/7 IC Ep.6oJ0-D1 -
� I J) S
Z S�or G�O
-
� In 2
A g " 0 Im BASIS OF BEARINGS
In oN�11 BEARINGS HEREON ARE BASED ON THE BEARINGS BETWEEN O.C.S.
= HORIZONTAL CONTROL STATION GPS 5010 AND STATION GPS 5009
i BEING NORTH 8925'47'WEST PER RECORDS ON FILE IN THE OFFICE
OF THE ORANGE COUNTY SURVEYOR.
\
I \
\ C U R V E D A TA
I v \/ / NUMBER DELTA DNS LENGTH
/Cyr Cl 053421' 1055.00' IO2.61'
C2 05'42'06 n45,00' nJ.94'
C3 0
J50'11" I0 55.00' 70.64'
14 /J49' 6G.00'
OJ��,\((.•�, C5 IJ49'S8' 60.00' 14.49'
II �, LINE DATA
e'er (. ''o NUMBERM-',rO2'I2'
0157ANCE
4'W 41.J8'
\1 / L2 'E 30.17'
�,10 LJ 0"W 46.57'
L4 -W 126.00'
�eFT� LS 0"W J0.84'
(l L6 "E 10.85'
� _ L7 N 65'44'14"E 7730'
L8 N 5704'15'W 164.45'
N 76'10'26 E 26.20' J
V LIO N,J8'14'lY W 35.61, �0
LII N 5704'15 -W 154.47'-
6
100 50 0 100 200 300 r�
I
1'.100'
W:\PP.OJECTS\252\02C\CCST-SHR_AGRMN'.DK
NOTICE OF PUBLIC HEARING nN RESOLUTION OF INTENTION TO been registered to vote within the territory of the community facilities distiict for each of the 90
ESTABLISH PROPOSED CITY OF HUNTINGTON BEACH COMMUNITY- days preceding the close of the public or protest hearing,the vote in the consolidated special
FACILITIES DISTRICT NO.2000-1(GRAND COAST RESORT) 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 condtaxed by the
NOTICE IS HEREBY GiVEN that on January 18,2000,the City Council of the City of Registrar of Voters of the County of Orange and shall be bell on a date selected by the City
Huntington Beach adopted Resolution No.2000-5.the resolution of intention with respect to the Council in conformance with the provisions of Section 53326 of the California Government Code
establishment of proposed City of Huntington Beach Community Facilities District No.2000-1 and pursuant to the provisions of the California Elections Code ggoovetoing elections of cities,
(Grand Coast Resort),of the County of Orange,State of California,and that a public hearing on insofar as they may be applicable,and pursuant to said Section 53326 the ballots for the
said resolution of intention and with respect to the establishment of said community facilities consolidated special elections shall be distributed to the qualified electors of the community
district will be held at,7:00 p.m.(or as soon thereafter as possible)on February 22,2000,in the facilities district by mail with return postage prepaid and the consolidated special elections shall be
City Council Chambers of the Huntington Beach Civic Center located at 2000 Main Street, conducted as a mail ballot election.If 12 persons have not been registered to vote within the
Huntington Beach,California territory of the proposed community facilities district for each of the 90 days g the close
of the protest hearing,the vote shall be by the landowners of the community ili'ties district,with
Resolution No.2000-5 adopted_on January 18,2000,provides in summary as follows: 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 proposed community facilities district In
1.The name proposed for the community facilities district is"City of Huntington Beach that event,the consolidated special elections shall be conducted by the City Clerk as specified in
Community Facilities District No.2000-1(Grand Coast Resort)of the County of Orange,State of.. Resolution No.2000-5 and applicable sections of the California Ela lions Cade.
California." In that event,the ballots for the consolidated special elections shall be dWributed to the qualified
2.The boundaries of the proposed community facilities district are shown on the map entitled electors by the City Clerk by mail with return ppoosstage prepaid,or by personal service.The City
"Boundaries of City of Huntington Beach Community Facilities District No.2000.1(Grand Coast Clerk shall mail to each qualified elector an of rcial ballot,and shall also mail to all such qualified
Resort)of the County of Orange,State of California."which is on file with the City Clerk of the electors other required election docmnents,inclining a rebus identification envelope with prepaid
City of Huntington Beach.That map is approved and the City Clerk shall file the original of said Portage thereon addressed to the City Clerk for the return of the voted official ballots.
map in her office and not later than 15 days prior to the date of the public hearing shall record a copy of said boundary map with the County Recorder of the County of Orange. 'Me instruction to voter form to be mailed by the City Clerk to die-landowner-voters shall inform
them that the official ballots shall be rebind to the City Clerk properly voted as provided thereon
3.The types of publicr
isesproposedand with the certification thereto properly completed and si in the sealed return
counityfaciliiesdctare the costs of maintenance far the purposes of constructing andidentification envelope wi the certification thereon completed and signed and aU other
financigghtheof bonds the construction,acquisition furnishing and equipping of information to be inserted thereon properly inserted on the date of the election.
public facilities which are necessary to meet increased demands placed upon the City as a result of Upon receipt of the return identification envelopes which are returned or to the voting deadline
c�eevelopment of said real property.Proceeds from the sale of the bonds of the proposed
umry facilities district may be tiled to pay costs associated with the construction,acquisition, on the date of the elections,the City Clerk shall canvass the votes cast m the consolidated special
shing and equipping of facilities to benefit the lands within the boundaries of the proposed elections,and shall file a statement with the City Council as to the results of such canvass and the
mumty facilities dist&L election on each proposition set forth in the official ballot
4.Special taxes sufficient to pay for all such facilities and to pay the principal of and interest on Resolution No.2000-5 contains other provisions which are not summazized above.A copy of
the bonds of the proposed community facilities district and other incidental expenses shall be Resolution No.2000-5 may be reviewed or obtained at the office of the City Clerk of the City of
annually levied within the proposed community facilities districL The maximum amounts of Huntington Beach in the Civic Center located at 2000 Main Street,Second Floor,Huntington
special taxes which may be annually levied are as follows: Beach,California.
ANNUAL MAXIMUM SPECIAL TAX. NOTICE IS FURTHER GIVEN that at the hearing the testimony of all interested persons or
As of any Interest Payment Date,the Maximum Special Tax for leasehold interests in Taxable taxpayers for or against the establishment of the community facilities district,or the furnishing of
Property in CFD No.2000-1 shall be the greater of(1)$130,000 per acre of Taxable Property specified types of public facilities will be heard.If 50 percent or more of the registered voters,or
pursuant to which such leasehold interest pertains,or(2)the amount determined pursuant to the six registered voters,whichever is more,residing within the territory proposed to be included in
Q the proposed community facilities district and not exempt from the levy of special taxes,or the
following steps,but not to exceed in any event the Special Tax Requirement applicable for any owners of one-half or more of the area of the land in said territory,fik written protests against_ilm
Fiscal Year establishment of the proposed community facilities district,and protests we not withdrawn so as to
reduce the value of the protest to less than a ma further Step 1:Determine the maximum annual debt service on'all Outstanding Bonds; �rity,no fther proceedings to create the
Step 2:Multiply the total debt service determined in Step 1 by 1.11 and all the Administrative community facilities district or to levy the specified special taxes shall be taken for a period of one
Expenses to determine the maximum potential Special Tax Requirement for Bonds; year from the date of the decision of the City Council.If majority protests of the registered voters
Step 3:Determine the Acreage of Taxable Property within the CFD; or of the landowners are only against the furnishing of a specified type or types of public facilities
Step 4:Divide the,amount from Step 2 by the Acreage from Step 3 to determine the Maximum within the community facilities district,or against levying a specified special tax,thaw types of
Fixed Rate Special Tax per Acre of Taxable Property in the CFD. facilities or the specified special tax will be eliminated from the resolution of formation
establishing the community facilities district "
The conditions under which the obligation to pay the special taxes may be prepaid and DATED:January 27,2000 /s/ Connie Brockway
permanently satisfied are as set forth in Exhibit"B"to Resolution No.2000-5. city CClleay
METHOD OF APPORTIONMENT OF THE SPECIAL TAX H Huntington Beach/Fountain Valle Independent 10,2000
At least twelve business days prior to an Interest Payment Date,the Administrator shall determine Publishedgto y n�nden February 022-095
or cause to be determined the Special Tax Requirement for the Interest Payment Date.The Special
Tax shall then be levied proportionately per Acre on the leasehold interest in each Assessor's
Parcel of Taxable Property up to 100%of the Maximum Special Tax for Taxable Property,as
determined by reference to the Annual Maximum Special Tax calculation steps set forth above anA
in Section C to Exhibit"B"of Resolution No.2000-5.until the amount levied is equal to the
Special Tax Requirement due on the Interest Payment Date.
MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes,provided,however,that CFD No.2000-1 may directly bill the Special Tax and may
collect Special Taxes at a different time or manner if necessary to meet its financial obligations,
and may covenant to foreclose and may actually foreclose on the leasehold interest in delinquent .
Assessor's Parcels as permitted by the Mello Roos Community Facilities Act of 1982.
5.A public hearing on the establishment of the proposed community facilities district shall be held
at 7:00 p.m.on February 22,2000 in the City Council Chambers of the Civic Center of the City of
Huntington Beach located at 2000 Main St.Huntington Beach,California.
6.The City Clerk shall publish a notice of the time and place of said hearing 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.Said notice shall be published at least
seven(7)days and mailed at least 15 days before the date of the hearing.
7.At or before the time of said hearing,a report or reports shall be prepared and filed 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.
8.The consolidated special elections on(i)the proposition of the proposed community facilities
district incurring a bonded indebtedness in an amount not to exceed 16,000,000,(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$1,750,000 if the community facilities district is established and such consolidated .1
special elections are held,shall be conducted as a mail ballot election.If at least 12 persons have
k
t
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I ' am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of gtneral circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of.
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
February 10, 2000
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on February 10, 2000
at Costa Mesa, California.
Signature
NOTICE OF ADOPTION BY THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH OF A RESOLUTION DETERMINING THE
NECESSITY FOR. PROPOSED CITY OF HUNTINGT,ON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST
RESORT) TO INCUR BONDED INDEBTEDNESS.IN AN AGGREGATE
PRINCIPAL AMOUNT NOT'TO EXCEED'$16,(W,(W FOR PROVIDING
PUBLIC FACILITIES WITHIN AND FOR THE COMMUNITY FACILITIES
DISTRICT, AND CALLING A SPECIAL ELECTION FOR THE
COMMUNITY FACILITIES DISTRICT ON THE PROPOSITION FOR '
INCURRING SUCH BONDED INDEBTEDNESS FOR FEBRUARY 22,2000.
NOTICE IS HEREBY GIVEN that on January 18,2000,the City Council of the City of
PROOF OF PUBLICATION Huntington Beach adopted a resolution determining the necessity for the proposed City of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),of the
County of Orange,State of California(the"District"),to incur a bonded indebtedness in an
amount not to exceed$16,000,000 for providing public facilities within and for the District and
STATE OF CALIFORNIA) calling a special election for the community facilities district on the proposition of the District
incurring such bonded indebtedness for February 22,2000.
The resolution determining necessity to incur bonded indebtedness provides in summary as
S S. follows:
County of Orange ) 1. It is necessary for the District to incur a bonded indebtedness in an aggregate principal
amount not to exceed$16,000,000 for the purpose of providing the public facilities specified in
Resolution No.2000-5,the resolution of intention for the District.
2. All parcels of property within the District shall be subject to the levy of special taxes to
I a m a Citizen of the United States and pay the principal of and interest on the bonds thereof which may be issued and sold to finance
the design,construction and acquisition of public facilities which are of benefit to all such
resident of the County aforesaid; I a parcels.
over the age of eighteen years, and n of 3. The aggregate principal amount of the bonded indebtedness to be incurred by the District
tCcnti-ed on next page).-..
party to or interested in the belola
-_ -
(Continued from preceding page)
entitled matter. I am a principal clerk o shall not exceed$16,000,000.The maximum term of the bonds shall not exceed 40 years.The
the H U N T I N GTO N BEACH INDEPENDENT maximum annual rate of interest to be paid semiannually on the bonds shall not exceed 12
percent per annum or such other rate as may:be the maximum interest rate permitted by law.
newspa er of gL3neral circulation, pri me 4. The proposition to be submitted to the voters within the Community Facilities District
with respect to the proposed bonded indebtedness is as follows:
and published in the City of H u n t i n gto Shall a bonded indebtedness in an aggregate principal amount not to exceed$16,000,00o be
State Q incurred by and for Community Facilities District No.2000-1(Grand Coast Resort)of
Beach, County of Orange,
the City of Huntington Beach,County of Orange,State of California,for a maximum
term of not more than 40 years and with interest at rate or rates not to exceed 12
California, and that attached Notice is
percent per annum,or such other rate as may be the maximum interest rate permitted by
true and complete copy as was printed law,for the purpose of constructing and financing through the sale of bonds the
and published in the Huntington Beach construction, acquisition, furnishing and equipping of public facilities which are
necessary to meet increased demands placed upon the City as a result of the
and Fountain Valley issues of said development of said real property,and paying costs incidental to the sale of bonds,the
formation of the community-facilities district, and the design, construction, and.
newspaper to wit the issue(s) of: acquisition of the public facilities, including all costs and estimated costs of
construction of the public facilities,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,
fiscal and financial consultant fees, bond and other reserve funds, bond discount,
interest on any bonds of the community facilities district estimated to be due and
February 10 2 0 0 0 payable within two years of the issuance of the bonds,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 or other:
credit enhancement costs,and printing costs.
5. The date of the special election with respect to the District incurring the aforementioned
I declare, under bonded indebtedness,at which time the aforementioned proposition will be submitted to the
penalty o f perjury, that voters of the District is February 22,2000.The special election shall be consolidated with the
the foregoing is true and correct. Special election with respect to the propositions for(i)the levy of special taxes for the payment
of the principal and interest on the bonds of the Community Facilities District, and (ii)
establishing an appropriations limit for the Community Facilities District which have also been
called for February 22.2000.The consolidated special elections shall be conducted by mail
ballot.If all qualified electors have voted,the election shall be closed
Executed on February 10 2000 6. A copy of the resolution determining the necessity to incur bonded indebtedness may be
at Costa Mesa, California.
reviewed or obtained at the.office of the City Clerk of the City of:Huntington Beach, �
Huntington Beach Civic Center, 2000 Main Street, Second Floor, Huntington Beach,
California,92648.
DATED:January 27.2000 /st Connie Brockway
City Clerk
Published Huntington.Beach-Fountain Valley independent February 10,2000.,..
022-694 E
Signature
6'
` City of Huntington Beach
A IJ
2000 MAIN STREET CALIFORNIA92648
DEPARTMENT OF ECONOMIC DEVELOPMENT
Director 714/536-5582 Redevelopment 714/536-5582
FAX 714/375-5087 Housing 714/536-5542
February 2, 2000
The Redevelopment Agency
of the City of Huntington Beach
c/o Economic Development Department
2000 Main Street, 5tn Floor
Huntington Beach, CA 92648
Dear Executive:
Attached please find a Notice of Public Hearing on Resolution of Intention to Establish
Proposed City of Huntington Beach Community Facilities District no. 2000-1 (Grand
Coast Resort) and a Notice of Adoption by the City of Huntington Beach of a Resolution
Determining the Necessity for the Proposed City of Huntington Beach Community
Facilities District No. 2000-1 (Grand Coast Resort) to Incur Bonded Indebtedness in an
Aggregate Principal Amount not to Exceed $16 million for Providing Public Facilities
district, and Calling a Special Election for the Community Facilities District on the
Proposition for Incurring such Bonded Indebtedness for February 22, 2000. These
notices are being provided to you for the purpose of officially notifying you of the public
hearing and of the election in which you will participate to establish the Community
Facilities District.
Should you have any questions, please feel free to contact David C. Biggs, Director of
Economic Development for the City of Huntington Beach at (714) 536-5909.
Sincer yours,
i
e4�
Gustavo A. Dur6n
Housing and Redevelopment Manager
� 0 4 2000
of
P PaltJ�v��OPMEN�
pE ,G pE
E.CNC0
a -
r
COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
I
■ Complete items 1,2,and 3.Also Complete A Received by(Please Print Clearly) B. Date of Del ivery
item 4 if Restricted Delivery is desired. —�
■ Print your name and address on the reverse C. Signature
so that we can return the card to you. ❑Agent
■ Attach this card to the back of the mailpiece, x
or(�qfthe front if space permits. ❑Addressee
1. Article Addressed to:
D. Is delivery ad ss different from item 1? ❑Yes
If YES,enter elivery address below: ❑No
t *f e �'� i il�cr�ia��`i�h Ea -
4j0
3. Service Type
/ Certified Mail OExpress Mail
❑ Registered O:?Return Receipt for Merchandise
❑ Insured Mail ❑c.o.R.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
PS Form 3811,July 1999 Domestic Return Receipt 102595.99-M-1789
r
I
NOTICE OF ADOPTION BY THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH OF A RESOLUTION
DETERMINING THE NECESSITY FOR PROPOSED CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT) TO INCUR BONDED
INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $16,000,000 FOR PROVIDING PUBLIC
FACILITIES WITHIN AND FOR THE COMMUNITY
FACILITIES DISTRICT, AND CALLING A SPECIAL
ELECTION FOR THE COMMUNITY FACILITIES DISTRICT
ON THE PROPOSITION FOR INCURRING SUCH BONDED
INDEBTEDNESS FOR FEBRUARY 22, 2000
NOTICE IS HEREBY GIVEN that on January 18, 2000, the City Council-of
the City of Huntington Beach adopted a resolution determining the necessity for the
proposed City of Huntington Beach Community Facilities District No. 2000-1 (Grand
Coast Resort),
of the County of Orange, State of California (the 'District"), to incur a bonded
indebtedness in an amount not to exceed $16,000,000 for providing public facilities
within and for the District and calling a special election for the community facilities
district on the proposition of the District incurring such bonded indebtedness for February
22, 2000.
The resolution determining necessity to incur bonded indebtedness provides
in summary as follows:
1. It is necessary for the District to incur a bonded indebtedness in an.
aggregate principal amount not to exceed $16,000,000 for the purpose of providing the.
public facilities specified in Resolution No. 2000-5, the resolution of intention for the
District.
2. All parcels of property within the 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, construction and acquisition of public facilities
which are of benefit to all such parcels.
3. The aggregate principal amount of the bonded indebtedness to be
incurred by the District shall not exceed $16,000,000. The maximum term of the bonds
shall not exceed 40 years. The maximum annual rate of interest to be paid semiannually
on the bonds shall not exceed 12 percent per annum or such other rate as may be the
maximum interest rate permitted by law.
4. The proposition to be submitted to the voters within the Community
Facilities District with respect to the proposed bonded indebtedness is as follows:
Shall a bonded indebtedness in an aggregate principal amount not to exceed
$16,000,000 be incurred by and for Community Facilities District No.
2000-1 (Grand Coast Resort) of the City of Huntington Beach, County of
Orange, State of California, for a maximum term of not more than -40
years and with interest at a rate or rates not to exceed 12 percent per
annum, or such other rate as may be the maximum interest rate permitted
by law, for the purpose 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 paying costs
incidental to the sale of bonds, the formation of the community facilities
district, and the design, construction, and acquisition of the public
facilities, including all costs and estimated costs of construction of the
public facilities, 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, fiscal and financial consultant fees, bond
and other reserve funds, bond discount, interest on any bonds of the
community facilities district estimated to be due and payable within two
years of the issuance of the bonds, 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 or other credit enhancement costs, and printing costs.
5. The date of the special election with respect to the District incurring
the aforementioned bonded indebtedness, at which time the aforementioned proposition
will be submitted to the voters of the District is February 22, 2000. The special election
shall be consolidated with the special election with respect to the propositions for (i) the
levy of special taxes for the payment of the principal and interest on the bonds of the
Community Facilities District, and (ii) establishing an appropriations limit for the
Community Facilities District which have also been called for February 22, 2000. The
w ,
A
consolidated special elections shall be conducted by mail ballot. If all qualified electors
have voted, the election shall be closed.
6. A copy of the resolution determining the necessity to incur bonded
indebtedness may be reviewed or obtained at the office of the City Clerk of the City of
Huntington Beach, Huntington Beach Civic Center, 2000 Main Street, Second Floor,
Huntington Beach, California, 92648.
DATED:
Connie Brockway,
City Clerk of the City of Huntington Beach
PUBLISH: February 10, 2000
MAIL.TO PROPERTY OWNER(S): February 4, 2000
j r
The foregoing instrument is a correct
copy of the original on file in this office.
Attest
NN E BR CKWAY
RVPUB\KSC\547627
City •Clerk and Ex•officio Clerk of the City
Council of the City of Huntington Beach,
-Ca '
BYlifo . Deputy
NOTICE OF HEARING ON RESOLUTION OF INTENTION TO
ESTABLISH PROPOSED CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND
COAST RESORT)
NOTICE IS HEREBY GIVEN that on January 18, 2000, the City Council of the
City of Huntington Beach adopted Resolution No. 2000-5, the resolution of intention with
respect to the establishment of proposed City of Huntington Beach Community Facilities District
No. 2000-1 (Grand Coast Resort), of the 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.(or as soon thereafter as possible) on February 22, 2000,
in the City Council Chambers of the Huntington Beach Civic Center located at 2000 Main Street,
Huntington Beach, California.
Resolution No. 2000-5 adopted on January 18, 2000, provides in summary as
follows:
1. The name proposed for the community facilities district is "City of
Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort).of the County
of Orange, State of California".
2. . The boundaries of the proposed community facilities district are shown on
the map entitled "Boundaries of City of Huntington Beach Community Facilities District No.
2000-1 (Grand Coast Resort) of the County of Orange, State of California", which is on file with
the City Clerk of the City of Huntington Beach. That map is approved and the City Clerk shall
file the original of said map in her office, and not later than 15 days prior,to the date of the public
hearing shall record a copy of said boundary map with the County Recorder of the County of
Orange.
3. The types of public services proposed to be provided for and financed by -
the proposed community facilities district are the costs of maintenance 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. Proceeds from the sale of the bonds of
the proposed community facilities district may be used to pay costs associated with the
construction, acquisition, furnishing and equipping of facilities to benefit the lands within the
boundaries of the proposed community facilities district.
4. 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 other
incidental expenses shall be annually levied within the proposed community facilities district.
The maximum amounts of special taxes which may be annually levied are as follows:
ANNUAL MAXIMUM SPECIAL TAX.
As of any Interest Payment Date, the Maximum Special Tax for leasehold
interests in Taxable Property in CFD No. 2000-1 shall be the greater of(1) $130,000 per Acre of
Taxable Property pursuant to which such leasehold interest pertains, or (2) the amount
determined pursuant to the following steps, but not to exceed in any event the Special Tax
Requirement applicable for any Fiscal Year:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds;
Step 2: Multiply the total debt service determined in Step 1 by 1.11 and all
the Administrative Expenses to determine the maximum potential Special Tax
Requirement for Bonds;
Step 3: Determine the Acreage of Taxable Property within the CFD;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to
determine the Maximum Fixed Rate Special Tax per Acre of Taxable Property in
the CFD.
The conditions under which the obligation to pay the special taxes may be prepaid and
permanently satisfied are as set forth in Exhibit "B" to Resolution No. 2000-5.
RVPUB%XSC%347602
2
METHOD OF APPORTIONMENT OF THE SPECIAL TAX.
At least twelve business days prior to an Interest Payment Date, the Administrator shall
determine or cause to be determined the Special Tax Requirement for the Interest Payment Date.
The Special Tax shall then be levied proportionately per Acre on the leasehold interest in each
Assessor's Parcel of Taxable Property up to 100% of the Maximum Special Tax for Taxable
Property, as determined by reference to the Annual Maximum Special Tax calculation steps set
forth above and in Section C to Exhibit `B" of Resolution No. 2000-5, until the amount levied is
equal to the Special Tax Requirement due on the Interest Payment Date.
MANNER OF COLLECTION.
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2000-1 may directly bill the Special
Tax and may collect Special Taxes at a different time or manner if necessary to meet it's
financial obligations, and may covenant to foreclose and may actually foreclose on the leasehold
interest in delinquent Assessor's Parcels as permitted by the Mello Roos Community Facilities
Act of 1982.
5. A public hearing on the establishment of the proposed community
facilities district shall be held at 7:00 p.m. on February 22, 2000 in the City Council Chambers of
the Civic Center of the City of Huntington Beach located at 2000 Main Street,Huntington Beach,
California.
6. The City Clerk shall publish a notice of the time and place of said hearing
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. Said
notice shall be published at least seven (7) days and mailed at least 15 days before the date of the
hearing.
7. At or before the time of said hearing, a report or reports shall be prepared
RVPUBWC1547602
3
and filed 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.
8. The consolidated special elections on (i) the proposition of the proposed
community facilities district incurring a bonded indebtedness in an amount not to exceed
$16,000,000, (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 $1,750,000 if the community facilities district is established
and such 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 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 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 and the consolidated special
elections shall be conducted as a mail ballot election. If 12 persons have not been registered to
vote within the territory of the proposed community facilities district for each of the 90 days
preceding the close of the protest hearing, 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
RVPUB\KSC\547602
4
vote for each acre or portion of an acre of land that he or she owns within the proposed
community facilities district. In that event, the consolidated special elections shall be conducted
by the City Clerk as specified in Resolution No. 2000-5 and applicable sections of the California
Elections Code.
In that event, 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.
The instruction to voter form to be mailed 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 on the date of the election.
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.
Resolution No. 2000-5 contains other provisions which are not summarized
above. A copy of Resolution No.2000-5 may be reviewed or obtained at the office of the City
Clerk of the City of Huntington Beach in the Civic Center located at 2000 Main Street, Second
Floor,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, or the furnishing
of specified types of public facilities will be heard. If 50 percent or more of the registered voters,
RVPUB\KSC1547602
5
or six registered voters, whichever is more, residing within the territory proposed to be included
in the proposed community facilities district and not exempt from the levy of special taxes, or the
owners of one-half or more of the area of the land in said territory, 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 within the community facilities district, or against levying a specified special tax, those
types of facilities or the specified special tax will be eliminated from the resolution of formation
establishing the community facilities district.
DATED: C� 02 �
Connie Brockway
City Clerk of the"City of Huntington Beach
The foregoing instrument is a correct
COPY 'of the original on file in this Office.
Attest
RVPUB\KSC1537602 OONNIE BR CKWAY
City Clerk and EXN I IIJClo Clerk of the City
Council of the City of Huntington Beach,
•Calif
6
eputy
s
i
Z 268 017 417
� � B -• � ., a.. a ,. .. < , '" s ., t .
City of. Huntington :Beach
CALIFORMW92B48 ` <
: pNUNTiNGTON BEACK < _ -e€ - ., _e _ _ <• <
O •
•
The Redevelopment Agency
of the City of Huntington Beach
c/o Economic Development Dept.
2000 Main Street, 5th floor
Huntington Beach, CA 92648