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HomeMy WebLinkAboutFile 1 of 3 - Mello Roos Community Facilities District - CFD 7 REQUEST r-O:OR CITY COUNCIL ; TION Date July 2, 1990 Submitted to: Honorable Mayor and City Council Michael T. Uberua a, City Administrator Submitted by: g Y Prepared by: Robert J. Franz, Deputy City Administrator Subject: Mello-Roos Community Facilities District No. 1990- (Golden W t/ a Af Consistent with Council Policy? [ ] Yes [X] New Policy or Exception ZAP .3® 6 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: The public hearing for consideration of this district was opened on June 18, 1990 and continued to Juppe 25, 1990 to consider formation of a CFD under the authority of the Mello-Roos Community Facilities Act of 1982. The June 25, 1990 continued hearing is for the purpose of receiving input regarding forming the district, authorizing the levying of a special tax, determining the necessity to incur bonded indebtedness, and calling the special election to consider the levy of the special tax and incurring bonded indebtedness. The next step in the process is the declaration of results of the special election, levying the special tax and authorization of the issuance of special tax bonds. Recommendation: ���3 1. - Adopt Resolution declaring results of the special election and directing the recording of notice of special tax authorization. 2. Introduce Ordinance 3 050 levying special taxes within Community Facilities District Number 1990-1; and, 3. Adopt Resolution 6i7S authorizing the issuance of special tax bonds of the City of Huntington Beach for Community Facilities District Number 1990-1, approving and directing the execution of a fiscal agent agreement and approving other related documents and actions. Analysis: Attached is a copy of the RCA prepared for Council review as a part of the public hearing relating to this Community Facilities District. The prior RCA provides background on the origination of the district and details regarding the proposed financing. The final action of the Council is to adopt the attached resolutions and ordinance which declare the results of the election and authorize special taxes and issuance of bonds. If adopted the taxes will be as described in the previous RCA and the bonded indebtedness will be an estimated $2,375,000. The maximum debt issue under the resolutions is $2,500,000. Funding Source: 1. The developer has deposited $100,000 for land acquisition and initial costs of formation of the CFD. 3 1 Plo 5/85 REr"TTEST FOR COUNCIL ACTION Mello-Roos Community ilities District No. 1990-1 (Golder. st/Ellis Area) Funding Source (Continued: 2. Bonds and the maximum amount of $2,500,000. under the Mello-Roos Community Facilities Act of 1982 will be used to finance the public improvements. 3. The special tax levy will provide annual property tax revenue to pay debt service on the bonds, annual administration costs for the bonds, and police/fire services. Alternative Action: Deny the recommended action and risk a long delay in the improvement of Ellis Avenue for the entire length between Golden, West Street and Edwards Avenue. The consequences of this delay would be a substandard street with vehicular site distance problems and flooding of the street in the rainy season. Attachments: 1. RCA Prepared for June 18, 1990 Public Hearing 2. Resolution Declaring Results of Special Election 3. Ordinance Levying Special Taxes 4. Resolution Authorizing Issuance of Bonds -2- 5287j REQUEST FOR CITY COUNCIL ACTION Date June 18, 1990 Submitted to: Honorable Mayor and City Council Members Submitted by: rJichael T. Uberuaga, City Administrator Prepared by: Robert J. Franz, Deputy City Administrator Subject: Mello-Roos Comm unity.Facilities District No. 1990-1 (Gold n VWest/Elli Ar a) Consistent with Council Policy? [ ] Yes [X) New Policy or Exception G� � Statement-of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: A public hearing has been set for June 18, 1990 to consider the formation of a Community Facilities District (CFD) under the authority of the Mello-Roos Community Facilities Act of 1982. The Council set this hearing following the submission of a petition from property owners in the area. The purpose of the CFD would be the levying of a special property tax for financing the widening of Ellis Avenue from Edwards to Golden West, financing of-other public improvements as described in the attachments, financing the acquisition of land along Ellis for street right-of-way, and limited funding. for police and fire protection services. Recommendation: 1. Adopt Resolution 41v forming the CFD 1990-1 (Golden Vilest/Ellis area), authorizing the levy``oT a�-special tax within the district, preliminarily establishing an appropriation limit for the district and submitting levy of the special tax and establishment o.f the appropriations limit to the qualified electors of the district. 2. Adopt Resolution determining the necessity to incur bonded indebtedness within the CFD 1990-1 Golden West/Ellis area), and submitting proposition to the qualified electors of the district. 3. Adopt. Resolution �Z-1 calling the special election to .consider the levy of a special tax, the incurring of bonded indebtedness, and _the establishment of the appropriations limit. Analysis: Under the Mello-Roos Community Facilities Act of 1982, a City may form a 76mmunity Facilities District (CFD) and levy a special property .tax with the approval of the voters in the District at a special election. The-District may be a portion or all of the City. If there are fewer than 12 registered voters in the District, the landowners are the qualified voters of the District. If the landowners vote to approve the special property tax then the City levies the tax. A CFD petition was received from the property owners in the District outlined in the attached maps consisting of 36 acres in the Golden West/Ellis area. 113 single .family homes are planned for this 36 acre area. The developers have gone through the normal planning process and have approval from the City for development. 26 of the 1.13 homes are under construction. The. special property tax levy, pursuant to the Delello-Roos Act, is in addition to the regular property tax rate under Proposition 13. The Mello-Roos property tax revenue can he used for construction of puhlic improvements or fneilities, or for specifically defined services - police, fire, paramedic and a few other limited services. Typically, long term honds are issued to construct the puhlic improvements and the Mello-Roos special property tax is levied in an RE_, _jEST FOR. COUNCIL ACTION P.Iello-Roos Community Facilities District No. 1990-1 (Golden West/Ellis Area) dmount sufficient to pray the annual debt service on the bonds, plus the annual tax administration costs- plus any police/fire services to be funded by the District. Plello-Roos taxes have become common in California cities and counties where development is occurring and there is a need to finance new infrastructure or services. The attached resolutions establish a maximum bond issue amount of $2,500,000 for the District with an annual maximum tax not to exceed $264,000 plus a 2% per year increase. These are included in the attached resolutions and have been reduced from the maximums in the May 7, 1990 resolutions which set $3,500,000 as the maximum bond issue and $320,000 per year as the maximum tax. The previously set maximum amounts may be reduced after the required public hearing, but cannot be increased. In addition, the attached resolutions specify the facilities and services that can be financed from the special property tax levy if adopted by the Council after conducting the public hearing. Under the R4ello-Roos Community Facilities. Act of 1982, the City is required to schedule the public hearing for consideration of forming'a District but there is no obligation to actually form the District or approve a special property tax or approve bond indebtedness. EFFECT ON FUTURE HOMEOWNERS IN THE DISTRICT If the maximum tax were adopted as outlined, the average total property tax rate (including Proposition 13 taxes) for the 113 homeowners in the District would be 1.41 % of assessed value including the special Mello-Roos tax. (Many cities have established a 2% maximum tax including the Mello-Roos tax, even though State law does .not limit the tax rate to any maximum.) For the Golden West/Ellis area, the maximum Mello-Roos tax under the recommended taxing formula would be divided equally among the 113 homes. The initial annual ^Iello-Roos tax per home would be $2,366.28. This amount would increase 2% annually which is equal to the annual maximum property tax increase under Proposition 13. Unlike Proposition 13 taxes, Aiello-Roos taxes do not increase as result of resale of these homes in the future. The Mello-Roos tax increases only by the 2% per year included in the tax formula. Initial sales prices on the homes range from $678,000 to $843,000 before customization requests from buyers. As homes are purchased, the buyers would receive disclosure of the Mello-Roos tax as mandated by State law. The staff will also be developing a disclosure requirement for the landowners to use prior to sales. Prior to development or sale of homes, the landowners pay the annual Mello-Roos tax. CITY POLICY: A1ELLO-R OOS Council may recall that staff was instructed to plan for the use of Mello-Roos taxing procedures as the llolly-Seacliff and Aolsa Chica areas develop. This current petition must be processed in advance of the detailed financial studies related to establishing Mello-Roos taxes in those undeveloped areas. However, staff has worked with a Mello-Roos consultant independent of the Golden West/Ellis area petition to determine possible City guidelines and/or policy recommendations for the larger undeveloped areas. As result of this review, the landowners submitting the- current petition have cooperated with staff to add $50,000 for police/fire facilities to the planned public facilities to be financed by the District, as well as the ability to use a portion of the annual special property tax revenues for the cost of additional police/fire/paramedic. services for the District. This annual property tax revenue for police/fire services is estimated to be $40,000 to $50,000. It is critical that the attached resolutions be adopted forming the CFD and calling the Special Election in order to meet deadlines relating to the processing of the District formation. A discussion of this project and .the rlello-Roos process, tin general, is scheduled for the Vune 11, 1990 study session of the Council. L"� -2- REQUEST FOR COUNCIL ACTION Mello-Roos Community Facilities District No. 1990-1 (Golden West/Ellis Area) IMPROVEMENTS TO ELLIS AVENUE The City staff has worked closely with the developer over the last year to farm this Plello-Roos District. Over the past few years, the number of homes built in the Golden West/Ellis area has increased to the point where Ellis Avenue between Edwards and Golden West needs to be widened, reconstructed and improved to City standards. Presently, Ellis Avenue is a deteriorated two lane road where the natural drainage floods the entire street during the seasonal rains. The road needs to be raised to accommodate a drainage culvert and to increase sight distance for the vehicular traffic. Acquisition of nine lots adjacent to the south side of Ellis Avenue are needed for the widening projeet. The developers within the proposed CFD have deposited $100,000 with the City to acquire the needed lots. These nine lots, which are outside the boundaries of the CFD, are "encyclopedia lots" owned by other individuals and have been appraised at $10,000 each. Under the adopted Ellis/Golden West Specific Plan the encyclopedia lots are unable to he developed because, (1) they are not large enough (25' x 1121), (2) they lie within the open space/drainage corridor, and (3) they are within the ultimate Ellis Avenue right-of-way. In4PLEMF.NTATION If the Citv Council approves the recommended action, the Special Election will be conducted and the results will be presented to the Council at your meeting of July 2, 1990 along with Resolution authorizing the issuance of bonds and levying of the special tax. Funding Source: I.. The developer has deposited $100,000 for land acquisition and initial costs of formation of the CFD. 2. Bonds in a maximum amount of $2,500,000 under the Plello-Roos Community Facilities Act of 1982 will be used to finance the public improvements. 3. The special tax levy will provide annual property tax revenue to pay the debt service on the bonds, annual administration costs for the bonds, and Police/Fire services. Alternative Action: Deny the recommended action and risk a long delay in the improvement of Ellis Avenue for the entire length between Golden West Street and- Edwards Street; the consequences being substandard vehicular sight distances and flooding of the street during the rainy season. Attachments: 1. �tegiona] Public Improvements 2. Public Improvement Index 3. Feet Sheet - Tax Calculations 4. Ilse of Annual Mello-Foos Tax Revenue 5. Resolution Forming District 6; Resolution Re: Bonded Indebtedness 7. Resolution Ile: Special Election -3- 5163j • L'11 1!]v11iu1]1V 1 1 REGIONAL IMPROVEMENTS COMMUNITY FACILITI S DISTRICT 1990-1 GOLDEN WESV ELLIS AREA 1 I i i i • I + t � z 1 1 I I + ' I 3 1 Z I I i ®. CFD 1990-1 DEVELOPED AREAS (NOT A PART OF CFD) POTENTIAL NEIGHBORHOOD PARK SITES (NOT A PART OF CFD) UNDEVELOPED (NOT A PART OF CFD) AREA OF LAND ACQUISITION REGIONAL IMPROVEMENTS' C D F 199Q - I' POLICE AND FIRE FACILITIES PROVIDE DRAINAGE CONTROL - ELLIS AVENUE WIDEN ELLIS AVENUE FROM 20 FT TO 50 FT UNDERGROUND UTILITIES - ELLIS AVENUE RAISE ELLIS AVENUE ELEVATION 10 FT ACQUIRE LAND FOR WIDENING ELLIS AVENUE PUBLIC FACILIT? IMPROVEMENTS GOLDEN WEST/ELLIS AREA CH 1ggn - 1 TMPRnVFMFNT INDEX MAP ELLIS AVE K Hi-il, LAl ELLIS AVENUE STREET IMPROVEMENTS S/0 C -_ 2 z A2 ELLIS AVENUE STREET IMPROVEMENTS SRO CL I B EDWARDS STREET IMPROVEMENTS EEO 'i Cl GOLDEN 'TEST STREET S.D. UNDERCROSS C2 GOLDEN WEST STREET STREET IMPROVEMENTS f� -; - - W/0 � I_ �, _..-� Ct A Ot D1 SADDLE BACK LANE STREET IMPROVEMENTS 1' !-:._l• :_. - k -3 D2 SADDLE BACK LANE STREET IMPROVEMENTS E/0 E TR # 3439 "A"*STREET STREET IMPROVEMENTS I 3 F. TR #13439 "B" STREET STREET IMPROVEMENTS ' I z i G QUARTER HORSE LANE STREET IMPROVEMENTS WHO H TR #14035 "A" STREET IMPROVEMENTS .J TR #13270 HORSESHOE LANE STREET IMPROVEMENTS K TR #13269 SILVERSPUR LANE STREET IMPROVEMENT I Z w L TR #14109 "A" STREET STREET IMPROVEMENTS i .Cr ATTACHMENT 3 CFD 1990-1 (Golden West/Ellis Area) FACT SHEET - TAX CALCULATIONS 4eve©loner The Dahl Company, 505 Park Avenue,Balboa Island,CA 92662. Proposed Development within the District The area within the District consists of 36 acres and has been approved by the City for the development of 113 single family detached homes. The Developer currently has 26 homes under construction. The Developer currently anticipates the selling price of the homes to be as follows: No.of Lots Selling Price 18 $ 678,199 12 746,595 27 772,888 14 761,968 12 843,503 30 824,150 113 $87,548,786 Average Value: $774,768 Valuation of Property within the District The property within the District has not been independently appraised. The full cash value established by the Orange County Appraiser or the latest sales price, whichever is the higher is as follows: Assessor's Parcel No. Full Cash Value Sales Price As.of 110-186-15 $ $ 25,000 09/89 591-391-01 1,729,920 05/88 591-391-02 833,000 02/89 591-391-03 68,990 02/89 591-391-04 69,619 02/89 110-200-04 3,000,000 10/89 110-200-05 3,000,000 10/89 110-200-10 19,256 10/89 110-200-11 41,131 10/89 110-200-15 6,500,000 08/89 110-200-16 6,500,000 08/89 110-200-23 3,000,000 10/89 110-210-01 92,491 02/77 110-210-02 300,000 10/88 11.0-210-04 27,540 01/88 TOTAL $25,206,947 The ratio of the Assessor's full cash value to the proposed principal amount of Bonds is 10.61 to t. Maximum Annual Special Tax The proposed maximum annual Special Tax within the District is $264,000 in fiscal year. 1990/91 and increases 102% of the maximum annual Special Tax in the prior fiscal year each fiscal year thereafter. It is proposed that the Special Tax be paid equally by each of the 113 homes. For the 1990/91 fiscal year, the maximum Special Tax would equate to $2,336.28 per home. Based upon the average home value,the total tax rate would be 1.40724 including the Special Tax rate of.30155. Amount of Bonded Indebtedness The proposed maximum bonded indebtedness is$2,500,000. CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 1990-1(GOLDENWEST/ELLIS) USE OF ANNUAL SPECIAL TAX REVENUES Fiscal Year Maximum Debt Adminishation Fiscal Reserve Fund Delinquency Fire and Percent End June 30 Special Tax Service (5%Increase) Agent Earnings 4%. Police Service Increase 1991 264,000 n/a n/a n/a n/a n/a n/a n/a 1992 269,280 220,000 10,000 3,000 15,000 .10,771 40,509 n1a 1993 274,666 220,000 10,500 3,000 15,000 10;987 45,179 .11.53 1994 280,159 .22000 11,025 3,000 15,000 11,206 49,928 10.51 1995 285,762 220,000 11,576 3,000 15,000 11,430 54,755 9.67 19.96 .291,477 220,000 12,155 3,000 15,000 11,659 59,663 8:96 1997 297,307 220,000 12,763 .3,000 .15,000 11,892 64,652 8.36 1998 303,253 220,000 13,401 3,000 15,000 12,130 69,722 7.84 1999 309,318 220,000 14,071 3;000 15,000 12,373 74,874 7.39 2000 315,504 220,000 .14,775 3,000 15,000 12,620 80,110 6.99 2001 321,815 220,000 15,513 3,000 15,000 12,873 85,429 6:64 2002 328,251 220,000 16,289 3,000 15,000 13,130 90832 6.32 3 2003 334,816 226,000 17,163 3,000 15,000 13,393 96,320 6:04 a 2004 341,512 220,000 17,959 3,000 15,000 13,660 101,893 5.79 n 2005. 348,342 220,000 18,856 3,000 15,000 13,934 107,552 5.55 2006 365,309 220,000 19,799 3,000 15,000 14,212 113,298 5.34 3 2007 362,4,15 220,000 20,789 3,000 15,000 141497 119,130 5.15 2008 369,664 2.20,000 21,829 3,000 15,000 14,787 125,048 4.97 -3 2009 377,057 220,000 .22,920 3,000 15,900. 15,082 131,055 4.80 .2010 384,598 220,000 24,066 3,000 15;000 15,384- 137,148 4.65 2011 392,290 220,600 25,270 3,000 15,000 15,692 143,329 4.51 2012 4001136 220,000 -26;533 :3,000 �15,000 16;005 149,598 4.37 2013 408,139 220,000 27,860 3;000 15,000 16,326 155,953 4.25 2014 416,301 220,000 .29,253 3,000 150000 16,652 162,397 4.13 2015 424,621 .220,000 30,115 3,000 15,000 16.985 168927 4.02 2616 433,120 220,000 32,251 3,000 15,000 17:325. 175:544 3.92 2017 441,782 220,000 33,864 3,000 15,000 17,671 182,248 3.82 2018 450,618 2201000 35,557 3,000 15,000 18,025 189,037 3.73 2019 459,630 220,000 37,335 3,000 15,000 18,385 195,911 3.64 . 2020 468,823 220,000 39,201 3,000 15,000 18,753 202,869 3.55 CPO* -350. ' t 'If REQUEST FOR CITY COUNCIL hCTION Date June 18, 1990 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Robert J. Franz, Deputy City Administrator Subject: Mello-Roos Community Facilities District No. 1990-1 (Gold n West/Elli Ar a) Consistent with Council Policy? [ ] Yes [X] New Policy or Exception - / 3 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: v Statement of Issue: A public hearing has been set for June 18, 1990 to consider the formation of a Community Facilities District (CFD) under the authority of the Mello-Roos Community Facilities Act of 1982. The Council set this hearing following. the submission of a petition from property owners in the area. The purpose of the CFD would be the levying of a special property tax for financing the widening of Ellis Avenue from Edwards to Golden West, financing of other public improvements as described in the attachments, financing the acquisition of land along Ellis for street right-of-way, and limited funding for police and fire protection services. Recommendation: 1. Adopt Resolution ��� forming the CFD 1990-1 (Golden West/Ellis area), authorizing the levy of a special tax within the district, preliminarily establishing an appropriation limit for the district and submitting levy of the special tax and establishment of the appropriations limit to the qualified electors of the district. 2. Adopt Resolution &1/6,2- determining the necessity to incur bonded indebtedness within the CFD 1990-1 Golden West/Ellis area), and submitting proposition to the qualified electors of the district. 3. Adopt Resolution (/G3 calling the special election to consider the levy of a special tax, the incurring bo onded indebtedness, and the establishment of the appropriations limit. Analysis: Under the Mello-Roos Community Facilities Act of 1982, a City may form a Community Facilities District (CFD) and levy a special property tax with the approval of the voters in the District at a special election. The District may be a portion or all of the City. If there are fewer than 12 registered voters in the District, the landowners are the qualified voters of the District. If the landowners vote to approve the special property tax then the City levies the tax. A. CFD petition was received from the property owners in the District outlined in the attached maps consisting of 36 acres in the Golden West/Ellis area. 113 single family homes are planned for this 36 acre area. The developers have gone through the normal planning process and have approval from the City for development. 26 of the 1.13 homes are under construction. The special property tax levy, pursuant to the Mello-Roos Act, is in addition to the regular property tax rate under Proposition 13. The Mello-Roos property tax revenue can be used for construction of public improvements or facilities, or for specifically defined services - police, fire, paramedic and a few other limited services. Typically, long term bonds are issued to construct the public improvements and the Mello-Roos special property tax is levied in an pin 5/R5 r: QUEST FOR COUNCIL ACTION Alello-Roos Communit., racilities District No. 1990-1 (Golds.__ West/Ellis Area) dmount sufficient to pay the annual debt service on the bonds, plus the annual tax administration costs plus any police/fire services to be funded by the District. A9ello-Roos taxes have become common in California cities and counties where development is occurring and there is a need to finance new infrastructure or services. The attached resolutions establish a maximum bond issue amount of $2,500,000 for the District with an annual maximum tax not to exceed $264,000 plus a 2% per year increase. These are included in the attached resolutions and have been reduced from the maximums in the May 7, 1990 resolutions which set $3,500,000 as the maximum bond issue and $320,000 per year as the maximum tax. The previously set maximum amounts may be reduced after the required public hearing, but cannot be increased. In addition, the attached resolutions specify the facilities and services that can be financed from the special property tax levy if adopted by the Council after conducting the public hearing. Under the Mello-Roos Community Facilities Act of 1.982, the City is required to schedule the public hearing for consideration of forming a District but there is no obligation to actually form the District or approve a special property tax or approve bond indebtedness. EFFECT ON FUTURE HOMEOWNERS IN THE DISTRICT If the maximum tax were adopted as outlined, the average total property tax rate (including Proposition 13 taxes) for the 113 homeowners in the District would be 1.41 % of assessed value including the special Mello-Roos tax. (Many cities have established a 2% maximum tax including the Mello-Roos tax, even though State law does not limit the tax rate to any maximum.) For the Golden West/Ellis area, the maximum Mello-Roos tax under the recommended taxing formula would be divided equally among the 113 homes. The initial annual Mello-Roos tax per home would be $2,366.28. This amount would increase 2% annually which is equal to the annual maximum property tax increase under Proposition 13. Unlike Proposition 13 taxes, Aiello-Roos taxes do not increase as result of resale of these homes in the future. The A?.ello-Roos tax increases only by the 2% per year included in the tax formula. Initial sales prices on the homes range from $678,000 to $843,000 before customization requests from buyers. As homes are purchased, the buyers would receive disclosure of the Mello-Roos tax as mandated by State. law. The staff will also be developing a disclosure requirement for the landowners to use prior to sales. Prior to development or sale of homes, the landowners pay the annual Mello-Roos tax. CITY POLICY: MELLO-ROOS Council may recall that staff was instructed to plan for the use of Mello-Roos taxing procedures as the Holly-Seacliff and Bolsa Chica areas develop. This current petition must be processed in advance of the detailed financial studies related to establishing Mello-Roos taxes in those undeveloped areas. However, staff has worked with a Mello-Roos consultant independent of the Golden West/Ellis area petition to determine possible City guidelines and/or policy recommendations for the larger undeveloped areas. As result of this review, the landowners submitting the current petition have cooperated with staff to add $50,000 for police/fire facilities to the planned public facilities to be financed by the District, as well as the ability to use a portion of the annual special property tax revenues for the cost of additional police/fire/paramedic services for the District. This annual property tax revenue for police/fire services is estimated to be $40,000 to $50,000. It is critical that'the attached resolutions be adopted forming the CFD and calling the Special Election in order to meet deadlines relating to the processing of the District formation. A discussion of this project and the Aiello-Roos process, in general, is scheduled for the June 11, 1990 study session of the Council. -2- ZUEST FOR COUNCIL ACTION ' f Mello-Roos Community facilities District No. 1990-1 (Golde.. West/Ellis Area) IMPROVEMENTS TO ELLIS AVENUE The City staff has worked closely with the developer over the last year to form this Mello-Roos District. Over the past few years, the number of homes built in the Golden,West/Ellis area has increased to the point where Ellis Avenue between Edwards and Golden West needs to be widened, reconstructed and improved to City standards. Presently, Ellis Avenue is a deteriorated two lane road where the natural drainage floods the entire street during the seasonal rains. The road needs to be raised to accommodate a drainage culvert and to increase sight distance for the vehicular traffic. Acquisition of nine lots adjacent to the south side of Ellis Avenue are needed for the widening project. The developers within the proposed CFD have deposited $100,000 with the City to acquire the needed lots. These nine lots, which are outside the boundaries of the CFD, are "encyclopedia lots" owned by other individuals and have been appraised at $10,000 each. Under the adopted Ellis/Golden West Specific Plan the encyclopedia lots are unable to be developed because, (1) they are not large enough (25' x 1121), (2) they lie within the open space/drainage corridor, and (3) they are within the ultimate Ellis Avenue right-of-way. IMPLEMENTATION If the City Council approves the recommended action, the Special Election will be conducted and the results will be presented to the Council at your meeting of July 2, 1990 along with Resolution authorizing the issuance of bonds and levying of the special tax. Funding Source: 1. The developer has deposited $100,000 for land acquisition and initial costs of formation of the CFD. 2. Bonds in a maximum amount of $2,500,000 under the Mello-Roos Community Facilities Act of 1982 will be used to finance the public improvements. 3. The special tax levy will provide annual property tax revenue to pay the debt service on the bonds, annual administration costs for the bonds, and Police/Fire services. Alternative Action: Deny the recommended action and risk a long delay in the improvement of Ellis Avenue for the entire length between Golden West Street and Edwards Street; the consequences being substandard vehicular sight distances and flooding of the street during the rainy season. Attachments: 1. Regional Public Improvements 2. Public Improvement Index 3. Fact Sheet - Tax Calculations 4. Use of Annual Mello-Roos Tax Revenue 5. Resolution Forming District 6. Resolution Re: Bonded Indebtedness 7. Resolution Re: Special Election -3- 5163j ATTACHMENT 1 REGIONAL IMPROVEMENTS t CWiuigITY FACILITIES DISTRICT 1990-1 GOLDEN-WEST/ELLIS AREA A F -- - --- - - r7l.j i , i iT I i 77iz 1 110zo I F w t , 3 z I j o i i 1 � - _ �r ® CFD 1990-1 DEVELOPED AREAS (NOT A PART OF CFD) POTENTIAL NEIGHBORHOOD PARK SITES (NOT A PART OF CFD) UNDEVELOPED (NOT A PART OF CFD) AREA OF LAND ACQUISITION REGIONAL IMPROVEMENTS: C D F 1990 - .1 POLICE AND FIRE FACILITIES PROVIDE DRAINAGE CONTROL - ELLIS-AVENUE WIDEN ELLIS AVENUE FROM 20 FT TO 50 FT UNDERGROUND UTILITIES - ELLIS AVENUE RAISE ELLIS AVENUE ELEVATION 10 FT ACQUIRE LAND FOR WIDENING ELLIS AVENUE PUBLIC FACILITIES IMPROVEMENTS ' 7 GOLDEN WEST/ELLIS AREA ' EFD 1ggn - 1 TMPRnVFMFNT IND X MAP ELLIS , AVE �jAl ELLIS AVENUE STREET IMPROVEMENTS S/O CL K I [2T 2. A2 ELLIS AVENUE STREET IMPROVEMENTS S/O CL j ;I B EDWARDS STREET IMPROVEMENTS E/O CL CI GOLDEN WEST STREET S.D. UNDERCROSS I C2 GOLDEN WEST STREET STREET IMPROVEMENTS - 1- 1- �` W/0 CL f Ci DI SADDLE BACK LANE STREET IMPROVEMENTS 1 !_: _l ;;Q � .o�;. /E D1 \ cY D2 SADDLE BACK LANE STREET IMPROVEMENTS E/0 d � E TR #13439 "A" STREET STREET IMPROVEMENTS F. TR #13439 "B" STREET STREET IMPROVEMENTS ! z H G QUARTER HORSE. LANE STREET IMPROVEMENTS W/O H TR #14035 "A" STREET IMPROVEMENTS I ------------- I ~ J TR #13270 HORSESHOE LANE STREET IMPROVEMENTS uj W 3 K TR #13269 SILVERSPUR LANE STREET IMPROVEMEN I Z i w L TR #14109 "A" STREET STREET IMPROVEMENTS I _j 0 i I ATTACHMENT 3 .' CFD 1990-1 T T (Golden West/Ellis Area) FACT SHEET - TAX CALCULATIONS Developer The Dahl Company,505 Park Avenue,Balboa Island,CA 92662. Proposed Development within the District The area within the District consists of 36 acres and has been approved by the City for the development of 113 single family detached homes. The Developer currently has 26 homes under construction. The Developer currently anticipates the selling price of the homes to be as follows: No.of Lots Selling Price 18 $ 678,199 12 746,595 27 772,888 14 761,968 12 843,503 30 824,150 113 $87,548,786 Average Value: $774,768 Valuation of Property within the District The property within the District has not been independently appraised. The full cash value established by the Orange County Appraiser or the latest sales price, whichever is the higher is as follows: Assessor's Parcel No. Full Cash Value Sales Price As of 110-186-15 $ $ 25,000 09/89 591-391-01 1,729,920 05/88 591-391-02 833,000 02/89 591-391-03 68,990 02/89 591-391-04 69,619 02/89 110-200-04 3,000,000 10/89 110-200-05 3,000,000 10/89 110-200-10 19,256 10/89 110-200-11 41,131 10/89 110-200-15 6,500,000 08/89 110-200-16 6,500,000 08/89 110-200-23 3,000,000 10/89 110-210-01 92,491 02/77 110-210-02 300,000 10/88 110-210-04 27,540 01/88 TOTAL $25,206,947 The ratio of the Assessor's full cash value to the proposed principal amount of Bonds is 10.61 to 1. Maximum Annual Special Tax The proposed maximum annual Special Tax within the District is $264,000 in fiscal year 1990/91 and increases 102% of the maximum annual Special Tax in the prior fiscal year each fiscal year thereafter. It is proposed that the Special Tax be paid equally by each of the 113 homes. For the 1990/91 fiscal year, the maximum Special Tax would equate to $2,336.28 per home. Based upon the average home value,the total tax rate would be 1.40724 including the Special Tax rate of.30155. Amount of Bonded Indebtedness The proposed maximum bonded indebtedness is$2,500,000. 2 CITY OF HUNTINGTON BEACH ' COMMUNITY FACILITIES DISTRICT 1990-1(GOLDENWEST/ELLIS) USE OF ANNUAL SPECIAL TAX REVENUES Fiscal Year Maximum Debt Administration Fiscal Reserve Fund Delinquency Fire and Percent End June 30 Special Tax Service (5%Increase) Agent Earnings 4% Police Service Increase 1991 264,000 n/a n/a n/a n/a n/a n/a n/a 1992 269,280 220,000 10,000 3,000 15,000 10,771 40,509 n/a 1993 274,666 220,000 10,500 3,000 15,000 10,987 45,179 11.53 1994 280,159 220,000 11,025 3,000 15,000 11,206 49,928 10.51 1995 285,762 220,000 11,576 3,000 15,000 11,430 54,755 9.67 1996 291,477 220,000 12,155 3,000 15,000 11,659 59,663 8.96 1997 297,307 220,000 12,763 3,000 15,000 11,892 64,652 8.36 1998 303,253 220,000 13,401 3,000 15,000 12,130 69,722 7.84 1999 309,318 220,000 14,071 3,000 15,000 12,373 74,874 7.39 2000 315,504 220,000 14,775 3,000 15,000 12,620 80,110 6.99 2001 321,815 220,000 15,513 3,000 15,000 12,873 85,429 6.64 > 2002 328,251 220,000 16,289 3,000 15,000 13,130. 90,832 6.32 ,3 2003 334,816 220,000 17,103 3,000 15,000 13,393 96,320 6.04 > 2004 341,512 220,000 17,959 3,000 15,000 13,660 101,893 5.79 0 2005 348,342 220,000 18,856 3,000 15,000 13,934 107,552 5.55 x 2006 355,309 220,000 19,799 3,000 15,000 14,212 113,298 5.34 t� 2007 362,415 220,000 20,789 3,000 15,000 14,497 119,130 5.15 z 2008 369,664 220,000 21,829 3,000 15,000 14,787 125,048 4.97 3 2009 377,057 220,000 22,920 3,000 15,000 15,082 131,055 4.80 2010 384,598 220,000 24,066 3,000 15,000 15,384 137,148 4.65 2011 392,290 220,000 25,270 3,000 15,000 15,692 143,329 4.51 2012 400,136 220,000 26,533 3,000 15,000 16,005 149,598 4.37 2013 408,139 220,000 27,860 3,000 15,000 16,326 155,953 4.25 2014 416,301 220,000 29,253 3,000 15,000 16,652 162,397 4.13 2015 424,627 220,000 30,715 3,000 15,000 16,985 168,927 4.02 2016 433,120 220,000 32,251 3,000 15,000 17,325 175,544 3.92 2017 441,782 220,000 33,864 3,000 15,000 17,671 182,248 3.82 2018 450,618 220,000 35,557 3,000 15,000 18,025 189,037 3.73 2019 459,630 220,000 37,335 3,000 15,000 18,385 195,911 3.64 2020 468,823 220,000 39,201 3,000 15,000 18,753 202,869 3.55 r .Y RESOLUTION NO. 6161 j A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT j NO. 1990-1 (GOLDENWEST/ELLIS AREA) , AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves . as follows : WHEREAS, on May 7, 1990 , this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the i "Resolution of Intention" ) , stating its intention to form Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (The "District" ) , of the City pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended (the "Act" ) the provisions of which Resolution of Intention are incorporated herein by this reference as if fully set forth herein, and on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention and at said hearing evidence was presented to this City Council on said matters before it, including a report by the Director of Public Works , or his designee (the "Report" ) as to the facilities and services to be provided through the District and the costs thereof , a copy of which is on file with the City Clerk, and written protests with respect to the formation of the District the furnishingof specified types ypes of facilities in services and/or the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or -1- more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and the special tax proposed to be levied in the District has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half ( 1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . The foregoing recitals are true and correct . SECTION 2 . The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act . SECTION 3 . All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in- conformity with the Act . SECTION 4 . The community facilities district designated "Community Facilities District No . 1990-1 (Goldenwest/Ellis Area" of the City is hereby established pursuant to the Act . SECTION 5 . The boundaries of the District, as set forth in the map of the District heretofore recorded in the Orange County Recorder ' s Office in Book 52 at page 9 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District . SECTION 6 . The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this -2-- I f reference incorporated herein (the "Facilities" ) , and those items listed as services on Exhibit A (the "Services" ) , respectively. SECTION 7 . Except to the extent that funds are otherwise available to the District to pay for the Facilities , the Services and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities., a special tax sufficient to pay the cost thereof , secured by a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes . The proposed rate and method of apportionment of the special tax among the parcels of real property within the District , in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. SECTION 8 . It is hereby found and determined that the Facilities and Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District . SECTION 9 . The Director of Finance of the City of Huntington Beach, 2000 Main Street , Huntington Beach, California 92648 , telephone number (714) 536-5228 is the officer of the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor ' s parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340 . 1 of the Act . SECTION 10 . Upon recordation of a notice of special tax lien pursuant to Section 3114 . 5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall -3- attach to all nonexempt real property in the District and this lien i shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with the law or until collection of the tax by the City ceases . SECTION 11 . In accordance with Section 53325 . 7 of the Act , the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $750 , 000 . 00 and said appropriations limit shall be submitted to the voters of the District as hereafter provided . The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be in accordance with the applicable provision of Section 53325 . 7 of the Act . SECTION 12 . Pursuant to the provisions of the Act , the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council . PASSED AND ADOPTED by the City Council of the City of Huntington an adjourned Beach at regular meeting thereof on the 25th day of June 1990 . Mayor A EST; APPROVED FORM: .I Cit . .C.1erk ,y,, City torney (,`u�q� REVIEWED AND APPROVED: IDT. TEI ,A ROVED City Administrator L Director 4f Xdfninistkat ve Services -4- �� EXHIBIT A i COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the District including road improvements , curb, gutter, sidewalk, storm drain and signal improvements , striping and related improvements . Improvements to Goldenwest Avenue in the vicinity of the District, including road improvements , curb, gutter, sidewalks , storm drain and signal improvements , striping and related improvements . . Improvements to Quarterhorse Lane in the vicinity of the District , including road improvements , curb, gutter, sidewalk, storm drain and signal improvements , striping and related improvements . Improvements to Saddleback Lane in the vicinity of the District, including road improvements , curb, gutter, sidewalk, storm drain and signal improvements , striping and related improvements . Improvements to Edwards Street in the vicinity of the District , including road improvements , curb, gutter, sidewalk,. storm drain and signal improvements , striping and related improvements . 1 Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the District , including related improvements . Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District, including related improvements . Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District, including any related work. Fire station improvements , including construction and related costs . Acquisition of emergency vehicle traffic interruption devices . SERVICES TO BE PROVIDED Police and Fire protection services , Paramedic services, in each case in addition to those currently provided in the District . OTHER Costs of engineering, design, planning and coordination related to the above-listed facilities . Bond related expenses , including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses . Administrative fees of the City and the Bond trustee or fiscal agent related to the District and the Bonds . -5- APPENDIX A DEBT SERVICE SCHEDULES CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 ----------------------- ------------------------ 1 S O U R C E S A N D U S E S O F F U N D S DELIVERY DATE: 7/24/90 SOURCES PAR AMOUNT OF BONDS................... $2,375,000.00 +PREMIUM /-DISCOUNT................... $0.00 BOND PROCEEDS........................................... 2,375,000.00 ACCRUED INTEREST........................................ 12,518.23 ------------------- ^ . E2,387,518.23 USES OF FUNDS IMPROVEMENT FUND........................................ 1,826,480.00 UNDERWRITERS DISCOUNT (% or E)..........( 1.750000%)... 41,562.50 COST OF ISSUANCE........................................ 115,000.00 ACCRUED INTEREST........................................ 12,518.23 CAPITALIZED INTEREST.................................... 199,468.84 DEBT SERVICE RESERVE.................................... 190,000.00 CONTINGENCY............................................. 2,488.66 ------------------- S2,387,518.23 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 2 18:37:46 FILENAME: HB KEY: 90-1 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 --------------------- DEBT SERVICE SCHEDULE --------------------- DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- -------------- 4/ 1/91 146,953.13 146,953.13 10/ 1/91 97,968.75 97,968.75 244,921.88 4/ 1/92 97,968.75 97,968.75 10/ 1/92 20,000.00 8.250000 97,968.75 117,968.75 215,937.50 4/ 1/93 97,143.75 97,143.75 10/ 1/93 25,000.00 8.250000 97,143.75 122,143.75 219,287.50 4/ 1/94 96,112.50 96,112.50 10/ 1/94 25,000.00 8.250000 96,112.50 121,112.50 217,225.00 4/ 1/95 95,081.25 95,081.25 10/ 1/95 30,000.00 8.250000 95,081.25 125,081.25 220,162.50 4/ 1/96 93,843.75 93,843.75 10/ 1/96 30,000.00 8.250000 93,843.75 123,843.75 217,687.50 4/ 1/97 92,606.25 92,606.25 10/ 1/97 315,000.00 8.250000 92,606.25 _ 127,606.25 220,212.50 4/ 1/98 91,162.50 91,162.50 10/ 1/98 35,000.00 8.250000 91,162.50 126,162.50 217,325.00 4/ 1/99 89,718.75 89,718.75 10/ 1/99 40,000.00 8.250000 89,718.75 129,718.75 219,437.50 4/ 1/ 0 88,068.75 88,068.75 10/ 1/ 0 40,000.00 8.250000 88,068.75 128,068.75 216,137.50 4/ 1/ 1 86,418.75 86,418.75 10/ 1/ 1 45,000.00 8.250000 86,418.75 131,418.75 217,837.50 4/ 1/ 2 84,562.50 84,562.50 10/ 1/ 2 50,000.00 8.250000 84,562.50 134,562.50 219,125.00 4/ 1/ 3 82,500.00 82,500.00 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 a 18:38:35 FILENAME: HS KEY: 90-1 CITY OF HUNTINGTON BEACH - COMMUNITY FACILITIES DISTRICT 90-1 --------------------- DEBT SERVICE SCHEDULE --------------------- --------------------- DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- -------------- 4/ 1/16 35,475.00 35,475.00 10/ 1/16 145,000.00 8.250000 35,475.00 180,475.00 215,950.00 4/ 1/17 29,493.75 29,493.75 10/ 1/17 160,000.00 8.250000 29,493.75 189,493.75 218,987.50 4/ 1/18 22,893.75 22,893.75 10/ 1/18 170,000.00 8.250000 22,893.75 192,893.75 215,787.50 4/ 1/19 15,881.25 15,881.25 10/ 1/19 185,000.00 8.250000 15,881.25 200,881.25 216,762.50 4/ 1/20 8,250.00 8,250.00 10/ 1/20 200,000.00 8.250000 8,250.00 208,250.00 216,500.00 -------------- -------------- -------------- 2,375,000.00 4,177,284.38 6,552,284.38 ACCRUED 12,518.23 12,518.23 2,375,000.00 4,164,766.15 6,539,766.15 -------------- -------------- -------------- -------------- -------------- -------------- Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 8 18:38:41 FILENAME: HB KEY: 90-1 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 DEBT SERVICE SCHEDULE --------------------- --------------------- DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- -------------- 10/ 1/ 3 55,000.00 8.250000 82,500.00 137,500.00 220,000.00 4/ 1/ 4 80,231.25 80,231.25 10/ 1/ 4 55,000.00 8.250000 80,231.25 135,231.25 215,462.50 4/ 1/ 5 77,962.50 77,962.50 10/ 1/ 5 60,000.00 8.250000 77,962.50 137,962.50 215,925.00 4/ 1/ 6 75,487.50 75,487.50 10/ 1/ 6 65,000.00 8.250000 75,487.50 140,487.50 215,975.00 4/ 1/ 7 72,806.25 72,806.25 10/ 1/ 7 70,000.00 8.250000 72,806.25 142,806.25 215,612.50 4/ 1/ 8 69,918.75 69,918.75 10/ 1/ 8 80,000.00 8.250000 69,918.75 149,918.75 219,837.50 4/ 1/ 9 66,618.75 66,618.75 10/ 1/ 9 85,000.00 8.250000 66,618.75 151,618.75 218,237.50 4/ 1/10 63,112.50 63,112.50 10/ 1/10 90,000.00 8.250000 63,112.50 153,112.50 216,225.00 4/ 1/11 59,400.00 59,400.00 10/ 1/11 100,000.00 8.250000 59,400.00 159,400.00 218,800.00 4/ 1/12 55,275.00 55,275.00 10/ 1/12 105,000.00 8.250000 55,275.00 160,275.00 215,550.00 4/ 1/13 50,943.75 50,943.75 10/ 1/13 115,000.00 8.250000 50,943.75 165,943.75 216,887.50 4/ 1/14 46,200.00 46,200.00 10/ 1/14 125,000.00 8.250000 46,200.00 171,200.00 217,400.00 4/ 1/15 41,043.75 41,043.75 10/ 1/15 135,000.00 8.250000 41,043.75 176,043.75 217,087.50 Prepared by Rod Gum Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 a 18:38:39 FILENAME: HB KEY: 90-1 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 --------------------- DEBT SERVICE SCHEDULE --------------------- --------------------- Dated 7/ 1/90 with Delivery of 7/24/90 Bond Years 50,633.750 Average Coupon 8.250000 Average Life 21.319474 N I C % 8.250000 % Using 100.0000000 T I C % 8.430068 % From Delivery Date Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 2 18:38:43 FILENAME: HB KEY: 90-1 y CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 , ------------------------- ------------------------- CAPITALIZED INTEREST FUND ------------------------- ------------------------- DELIVERY DATE: 7/24/90 PERIOD BEGINNING ACCRUED CONSTR. FUND DEBT SERVICE CAPITALIZED TOTAL FUNDS BOND INTEREST ENDING ENDING BALANCE INTEREST EARNINGS RESERVE INT. EARNINGS AVAILABLE CAPITALIZED BALANCE ( 8.000000 %) ( 8.000000 %) (100.000000 %) -------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- 4/ 1/91 199,468.84 12,518.23 10,428.89 11,494.53 233,910.49 146,953.13 86,957.37 10/ 1/91 86,957.37 7,600.00 3,411.38 97,968.75 97,968.75 -------------- -------------- -------------- -------------- -------------- 12,518.23 18,028.89 14,905.91 244,921.87 -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- Note: Capitalized Interest Earnings Utilized Annual Compoundings Using a 30/360 Year Basis Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 a 18:38:54 FILENAME: HB KEY: 90-1 EXHIBIT B CITY OF FIUNTl.NG`I'ON BEACH COININTUNI'l'Y FACILITIES DISTRICT NO. 1990-1 (Golden west/E Ili s Area) RATE AND 11IET(IOD OF APPOR'rlONINTENT OF' THE: S1)ECiAI.'I'AX '1•he Special Tax is to be levied by the Finance Director of the City on behalf of the District each Fiscal War on all parcels within the District: in an amount equal to the Maxin,Um Special Tax, less any Sul-\ices Credit, as such terms are defined i)elm On March 1 of' each year all taxable Parcels "viLhin trie Di::trier shall he categorized by the Finance Direewr either as DeveMped Parcels or t:ndeveWped Parcels, and shall he subject. to a Special Tax in accordance with the Rate and Method of Apport ionnic-w s.pcciFwd below. t:nrlevelohed_Parcels A Special Tax shall he levied on each Undeveloped Parcel as follows (Taxable Sq. F_. of Parcel_. Maximum) _ Services = Special (Tax 111)1e S(J. F . of District Special Tax) Credit Tax Developed Parcels A Special Tax shall be levied on each Developed Parcel as RAlows: (Maximar.r _ Total Special Tax Levied X Total N umher orf) _ Services = Special (Special 'fax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Mello-Roos Community Facilities Act of 1982, as amended. The Bonds nwans the City of Huntington Beach Community Facilities District No. 1990-1 SoldenwesUEllis Ma) 1990 Special Tax Bonds, and any other bonds of the District payable from the SpedalTax. The City moans the City of Iiuntington Beach, California. Developed Parcel 0) is any Parcel that is within the boundaries of the District based on the latest available equalized rolls of the County of Orange as of :March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311, et seq. of the California Covernnient.Code, (2) is not greater than 50,000 square feet in total square footage and 0) with respect to which a building permit for a single family dwelling has been issued as of March 1 of the current year. "t The District is Community Facilities District. No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach, California. Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement: by that name approved by the RQSOIUtion of (ssuilnce. Fiscal Year means the period starting on•luly 1 and ending the foliowingJune :30. YTaximuna Special tax is an amount Ar any l'i caI Year equal to $264,000. Resolution of Issuance is any Resoution adoWyd by the City Council of the City ;,u!.hodzing the issuance of Bonds. Services Credit is an amount eguai to and: proceeds of the Special Tax Levied within the District. ,which has heen allocated by the City to the pa�:nent of police and Fire protection services a►uUor paramedic services authorized under the Act Mch have not been expended for such purpose by the last day of the prior Fiscal Year. Special Tax is any Lax authorized by Section 53340 of the California Government, Code adopted by Ordinance of the City and levied within the 11sukt. Taxable Square Footage of Parcels is all of Te area within any Parcel within lie District which is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Government Code. "Dotal 'Taxable Square Footage of the District means the aggregate Taxable Square Foc;tage `01- all Parcels +within the District. Undeveloped Parcel is any Parcel within the hotmdaries of the District (hoed on the latest equalized rolls of the County of Orange as of MaRf l of each year) which is not. s Developed Kircel, and is not exempt from the Special Tax under the provisions of the Act. 2 CITY OF HUN'I'ING'I'ON BEACH CONIMUNI'TY FACIIXI'IES DISTRICT NO. 199 0-1 (Goldenwest/Ellis Area) AT1'ACHMEiNT 1 E'isc::il 1'eetr lfaximtint En JLine :10 Special Tax 1991 a264,000 1992 269,280 1993 274,666 1994 280,159 1995 235,762 1996 291.,477 1997 297,307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328,25 t 2003 334,816 200.1 341,512 2005 348,342 2006 355,309 200� 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,290 2012 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2018 450,618 2019 459,630 2020 468,823 2021 and Previous Fiscal Year Thereafter Increased by 2% 3 Res. No. 6161 I STATE OF CALIFORNIA COUNTY OF ORANGE 3 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 adjourned meeting thereof held on the 25th day of June 1990 by the following vote: AYES: Councilmembers: MacAllister, Plays, Bannister, Silva, Erskine NOES: Councilmembers: Winchel1 ABSENT: Councilmembers: Green City Clerk and ex-o io Clerk of the City Council of the City of Huntington Beach, California , 1 RESOLUTION NO. h1F2 = i A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED 1 INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, on May 7, 1990 , the City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of Intention" ) stating its intention to form Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , of the City pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended (the "Act" ) and a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness" ) stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention, and on this date, this City Council held a noticed public hearing as required by the Act and at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of said facilities (the "Facilities" ) and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held, and subsequent to said hearing this City Council adopted a -1- resolution entitled "A Resolution Of Formation Of Community Facilities District No . 1990-1 (Goldenwest%Ellis Area) , Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit For The District And Submitting Levy Of The Special Tax And The Establishment of The Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of Formation" ) and on this date, this City Council also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness and no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW, THEREFORE, IT IS HEREBY ORDERED as follows : .7.1 SECTION 1 . The foregoing recitals are true and correct . I ' SECTION 2 . It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of $2 , 500 , 000 . 00 within the boundaries of the District . SECTION 3 . The indebtedness is incurred for the purpose of financing the costs of the Facilities , as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the initial costs of the City in administering the District . SECTION 4 . The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of Formation. SECTION 5 . The maximum amount of bonded indebtedness to be incurred is $2, 500, 000 . 00 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years .. -2- SECTION 6 . The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds , payable semiannually or in such other manner as this City Council or its designee shall determine, the actual rate' or rates and times of payment of such interest to be determined by this City Council or its designee at the time or times of sale of said bonds . SECTION 7 . The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353 . 5 of the Act . The time, place and conditions of said election shall be as specified by separate resolution of this City Council . PASSED AND ADOPTED by the City Council of the City of Huntington adjourned Beach at cY regular meeting thereof held on the 25 day of June 1990 . Mayor AT EST:_ APPROVE A TO FORM: City Clerk City Attorney G -a—�T VIFjWED AND APPROVn�: INIT ED A OVED: � City Administrator Dir' ctor of Ad inistrat:r e rvi.ces -3- ` a Res. No. 6162 + 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 adjourned meeting thereof held on the 25th day of June 19 90 by the following vote: AYES: Councilmembers: MacAllister, Mays, Bannister, Silva, Erskine NOES: Councilmembers: Wi nchel 1 ABSENT: Councilmembers: Green City er_ and ex-officlo Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 6163 A RESOLUTION CALLING SPECIAL ELECTION Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, on this date, this City Council adopted a resolution ,entitled "A Resolution of Formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified electors of the District" (the "Resolution of Formation" ) , ordering the formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis area) (the "District" ) , authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, and a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No . 1990-1 (Goldenwest/E).lis Area) and Submitting Proposition to the Qualified electors of the District" (the "Resolution to Incur Indebtedness" ) , determining the necessity to incur_ bonded indebtedness in the maximum aggregate principal amount of $2 , 500 , 000 . 00 upon the security of said special tax to be levied within the District; and pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as -I- required by the. Mello-Roos Community Facilities Act of 1982, as amended (the "Act" ) . NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . Pursuant to Sections 53326 , 53353 . 5 and 53325 . 7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. SECTION 2 . As authorized by Section 53353 . 5 of the Act, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved . SECTION 3 . This City Council hereby finds that fewer than 12 1 Persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings . Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said - landowners or their authorized representatives , each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings . SECTION 4 . This City Council hereby calls a special election to consider the measure described in paragraph 2 above, which election shall be held on July 2, 1990, in the City Council Chambers . The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that .the City Clerk has on file -2- the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow a,..� the City Clerk to determine the boundaries of the District . The voted ballots shall be returned to the- City Clerk prior to 7 : 30 p .m. on July 2, 1990 ; and when all of the qualified electors have voted the election shall be closed . SECTION 5 . Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code . This City Council hereby finds that paragraphs (a) , (b) , (c) ( 1) , and (c) (3) of said Section 1340 are applicable to this special election. SECTION 6 . The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto . Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains . Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot . The envelope to be used to return the ballots shall be enclosed with the ballot, have the return postage prepaid, and contain the following : (a) the name and address of the .landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and -3- r is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act . SECTION 7 . The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers on and prior to 7 : 30 p .m. on July 2 , 1990 , whether said ballots be personally delivered or received by mail . The City Clerk shall have available ballots which may be marked at said location on the- election day by said qualified electors . SECTION 8 . This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District . There is on file with the City Clerk a written petition executed by the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District . Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings . This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9 . The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to- Incur Indebtedness , as soon as practicable after the date of adoption of this Resolution. -4- PASSED AND ADOPTED by the City Council of the City of Huntington adjourned Beach at A regular meeting thereof held on the 25th day of June 1990 . Mayor ATTEST: APPROVED AS TO FORM: ,City._ Clerk City Attorney REVIEWED AND APPROVED: INITIATED,AND APPR ED: City dmini trator Director of AdininistratiVe Ser ices -5- EXHIBIT A CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) i OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2., 1990) This ballot is for a special , landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7 : 30 p .m. on July 2 , 1990 , either by mail or in person. The City Clerk' s office is located at 2000 Main Street, Huntington Beach, California, 92648 . To vote, mark a cross (X) on the voting line 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 . BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate Yes : principal amount of $2 , 500, 000 . 00 , with interest at a rate or rates not to exceed No : the maximum interest rate permitted by law at- the time of sale of such bonds on behalf of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District" ) , the proceeds of which will be used to finance certain public street , water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities ; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $750 , 000 . 00? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327(b) of the California Government Code. =') Number of Votes : _._ Property Owner : By: Its : i Res. No. 6163 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 adjourned meeting thereof held on the 25th day of June 19 90 by the following vote: AYES: Councilmembers: MacAllister, Mays, Bannister, Silva, Erskine NOES: Councilmembers: Winchell ABSENT: Councilmembers: Green City er and ex-offitlo er of the City Council of the City of Huntington Beach, California REQUE-o T FOR CITY COUNCIL ACTION Date May 7, 1990 APPROVED BY CITY COUNCIL Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator o0 Prepared by: Robert J. Franz, Deputy City Administrato IRK Subject: Mello-Roos Community Facilities District No. 1990-1 ( olden West/Elli ea) 6 �4Z Consistent with Council Policy? [ ] Yes [x] New Policy or Exception (e J 5F 3 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: Statement of Issue: A number of property owners in the Golden West/Ellis area have submitted a petition requesting the City to form a Community Facilities District (CFD) under the authority of the Mello-Roos Community Facilities Act of 1982. The purpose of the CFD would be the levying of a special property tax for financing of the widening of Ellis Avenue from Edwards Street to Golden West Street, financing of other public improvements as described in the attachments, financing the acquisition of land along Ellis for street right-of-way, and limited funding for police and fire protection services. All of the landowners within the district have signed the petition requesting the formation of the District to levy a tax. Recommendation: 1. Adopt Resolution 6/W : Acknowledge receipt of the petition for establishing the CFD, directing initiation of proceedings under the Mello-Roos Community Facilities Act of 1982, and approving an agreement regarding monetary advances from landowners and engaging consultants. 2. Adopt Resolution 61Y+Z : Intention to establish a Community Facilities Di-stric and intention to au orize the levy of special taxes pursuant to the Mello Roo Community Facilities Act of 1982. C0 wM < m 3. Adopt Resolution G� .3 Intention to incur bonded indebtedness of- th6 proposed CFD No. 1990-1 (Golden West/Ellis area) pursuant to the Melloi;,Roog Community Facilities Act of 1982. - r- c� 4. Appropriate $100,000 for land acquisition and related costs pursuant to the agreement regarding monetary advances and authorize the acquisition of the needed lots on the south side of Ellis Avenue as shown on the attached maps. Analysis: Under the Mello-Roos Community Facilities Act of 1982, a City may form a Community Facilities District (CFD) and levy a special property tax with the approval of the voters in the District at a special election. The District may be a portion or all of the City. If there are fewer than 12 registered voters in the District, the landowners are the qualified voters of the District. If the landowners vote to approve the special property tax then the City levies the tax. This CFD petition is from the property owners in the District outlined in the attached maps consisting of 36 acres in the Golden West/Ellis area. 113 single family homes are planned for this area. The developers have gone through the normal planning process and have approval from the City for development. 26 of the 113 homes are under construction. 6 PIO 5/85 REQUEST FOR COUNCIL ACTIO- Mello-Roos Community Facilities District No. 1990-1 (Gviden West/Ellis Area) The special property tax levy, pursuant to the Mello-Roos Act, is in addition to the 1 % maximum property tax rate under Proposition 13. The Mello-Roos property tax revenue can be used for construction of public improvements or facilities, or for specifically defined services - police, fire, paramedic and a few other limited services. Typically, bonds are issued to construct the public improvements and the special property tax is levied in an amount to sufficient to pay the annual debt service on the bonds plus the annual tax administration costs plus any police/fire services to be funded by the District. Mello-Roos taxes have become common in California cities and counties where development is occurring and there is a need to finance new infrastructure or services. The attached resolutions establish a maximum bond issue amount of $3,500,000 for the District with an annual maximum tax not to exceed $320,000 plus a 2% per year increase. These are preliminary figures and are included in the attached resolutions setting the time and date for the required Public Hearing. The maximum amounts may be reduced after the required public hearing, but cannot be increased. In addition, the attached reso-Tuu ons specify the facilities and services that can be financed from the special property tax levy if adopted by the Council after conducting the public hearings on June 18, 1990. Under the Mello-Roos Community Facilities Act of 1982, the City is required to schedule the public hearing for consideration of forming a District but there is no obligation to actually form the District or approve a special property tax or approve bond indebtedness. EFFECT ON FUTURE HOMEOWNERS IN THE DISTRICT If the maximum tax were adopted as outlined, the average total property tax rate for the 113 homeowners in the District would be 1.6% including the 1 % Proposition 13 maximum tax. Many cities have established a 2% maximum tax including the Mello-Roos tax, although State law does not limit the tax rate to any maximum. The maximum Mello-Roos tax, under the recommended taxing formula would be divided equally among the 113 homes. The average annual Mello-Roos tax per homeowner would be about $2,800. Sales prices on the homes range from $678,000 to $843,000 before customization requests from buyers. As homes are purchased, the buyers would receive disclosure of the Mello-Roos tax as mandated by State law. The staff will also be developing a recommended disclosure requirement for the landowners to use prior to sales. Prior to development or sale of homes, the landowners pay the annual Mello-Roos tax. CITY POLICY: MELLO-ROOS Council may recall that staff was instructed to plan for the use of Mello-Roos taxing procedures as the Holly-Seacliff and Bolsa Chica areas develop. This current petition must be processed in advance of the detailed financial studies related to establishing Mello-Roos taxes in those undeveloped areas. However, staff has worked with a Mello-Roos consultant independent of the Golden West/Ellis area petition to determine possible City guidelines and/or policy recommendations for the larger undeveloped areas. As result of this review, the landowners submitting the current petition have cooperated with staff to add $50,000 for police/fire facilities to the planned public facilities to be financed by the District, as well as the ability to use a portion of the annual special property tax revenues for the cost of additional police/fire/paramedic services for the District. This annual property tax revenue for police/fire services is estimated to be $40,000 to $50,000. -2- ti REQUEST FOR COUNCIL ACTIO" Mello-Roos Comm, ..ity Facilities District No. 1990-1 (Vviden West/Ellis Area) It is critical that the attached resolutions be adoped setting the Mello-Roos hearings for June 18, 1990 in order to meet deadlines relating to the processing of the District formation. A study session of the Council can be scheduled in the interim to provide an opportunity for review of the specific CFD being proposed, the Mello-Roos process in general, or to review general City policy for formation of Community Facilities Districts. A Council committee to work with staff in the development of policy recommendations is another option the Council may want to consider. IMPROVEMENTS TO ELLIS AVENUE The City staff has worked closely with the developer over the last year to form this Mello-Roos District. Over the past few years, the number of homes built in the Golden West/Ellis area has increased to the point where Ellis Avenue between Edwards and Golden West needs to be widened, reconstructed and improved to City standards. Presently, Ellis Avenue is a deteriorated two lane road where the natural drainage floods the entire street during the seasonal rains. The road needs to be raised to accommodate a drainage culvert and to increase sight distance for the vehicular traffic. Acquisition of the lots adjacent to the south side of Ellis Avenue needed for the widening project. The developers within the proposed CFD have deposited $100,000 to acquire the needed lots. These nine lots, which are outside the boundaries of the CFD, are "encyclopedia lots" owned by other individuals and have been appraised at $10,000 each. Under the adopted Ellis/Golden West Specific Plan the properties are unable to be developed because, (1) they are not large enough (25' x 1121), (2) they lie within the open space/drainage corridor, and (3) they are within the ultimate Ellis Avenue right-of-way. Therefore staff recommends offers to purchase be made to the property owners by the City's Real Estate Services Division. Attached is a memo from the City Attorney outlining the procedure to acquire the lots in question. IMPLEMENTATION The developers have funded the design for the street widening, and design of other public improvements, and initial costs of the formation of the CFD. In the process they have also assembled a consultant team to assist the initial proceedings to form the district and sell the bonds. The consultants are GRC Municipal Finance Inc., financial consultant; Chilton & O'Connor, Inc., underwriter; and Jones, Hall, Hill & White, bond counsel. The team has worked together on other CFD's and staff recommends engaging the consultants for their services in connection with the CFD. If the City Council approves the recommended action, the consultants and staff will proceed with establishment of the CFD and the acquisition of the properties needed to widen Ellis Avenue. Funding Source: 1. The developer has deposited $100,000 for land acquisition and initial costs of formation of the CFD. 2. Bonds in a maximum amount of $3,500,000 under the Mello-Roos Community Facilities Act of 1982 will be used to finance the public improvements. 3. The special tax levy will provide annual property tax revenue to pay the debt service on the bonds, annual administration costs for the bonds, and Police/Fire services. -3- REQUEST FOR COUNCIL ACTIO7 Mello-Roos Comm4..ity Facilities District No. 1990-1 Rt".den West/Ellis Area) Alternative Action: Deny the recommended action and do not improve Ellis Avenue for the entire length between Golden West Street and Edwards Street; the consequences being substandard vehicular sight distances and flooding of the street during the rainy season. Attachments: 1. e i ion regarding the Mello-Roos Community Facilities Act 2. Resolution initiating CFD proceedings 3. Agreement Advancing Funds to acquire land for the street widening 4. Memo from the City Attorney outlining procedure to acquire lands 5. Location Maps 6. Resolution of Intention to Establish CFD and Authorize the Levy of Special Taxes 7. Resolution of Intention to Incur Bonded Indebtedness 8. Maximum Annual Mello-Roos Taxes and Projected Uses of Tax Revenues 9. Sources and Uses of Funds- Projected Bond Issue 5163j -4- 1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HL+MNGTON BEACH DON NOBLE, CONTRACT ADMINISTRATORFrom GAIL HUTTON To BILL PATAPOFF, PRINCIPAL ENGINEER CITY ATTORNEY Subject PROCEDURE TO ACQUIRE LOTS ALONG Date November 15, 19.89 ELLIS AVENUE FOR ITS WIDENING BACKGROUND: Dahl Company, (Dahl) , is presently developing a tract of land in the vicinity of Ellis Avenue, between Edwards Street and Goldenwest Street in Huntington Beach and around several sub-standard so-called postage stamp or "encyclopedia lots . " As a condition for the approval of the project, Dahl is being required by the City to raise and widen Ellis Avenue by about 30 feet. Raising the roadway will require an additional 30 feet of slope easements . The road widening is for the purpose of mitigating the impact of the traffic that would be brought about by additional project development . The widening of Ellis Avenue will affect — sub-standard lots and six (6) owners . These lots are undeveloped. The lots are in a recreation open space zone. Dahl Company is willing to acquire the property involved and has the funds for such purpose. QUERY: What is the procedure in order to effect the acquisition of the "encyclopedia lots" needed for the required widening of Ellis Avenue? Don Noble Bill Patapoff November 15, 1989 Page 2 j DISCUSSION: Section 9730.4 of the City' s Ordinance Code provides that prior to issuance of a building permit, or prior to the use of land . for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets and other public easements. The streets affected should be improved, or if necessary, widened. In this case, City has determined that the developer' s project would bring about a lot of business activities in the area which would consequently result in traffic congestion which, the present width of the affected portion of Ellis Avenue would not be able to contain. Hence, street widening is a must and pursuant to the above Ordinance Code, City had decided to require a dedication of the area involved. The problem is that the portion of the area needed for street widening is not owned by developer but by other private owners . Certainly, a dedicator can give to the public no higher interest than he possesses. [Grogan v. Hawyard (CC Cal)3 F1611 . Hence, there is a need to acquire the property involved. Acquisition of the Property Involved In this case, the different ways by which the property involved can be acquired are as follows : 1. Direct purchase by the developer of the portion of the .. lots involved which in turn it would dedicate to the City. This' procedure is the simplest in that the City need not be dragged into any negotiations for the purchase of the property or eventually, Don Noble Bill Patapoff November 15, 1989 Page 3 into a condemnation proceeding. 2 . If the private owners involved are not willing- to sell to the developer, then- the City would itself make the offer to buy the property and announce to the owners that the lots are needed for a public purpose, that is, for street widening. In this case, City should enter into a written agreement with the developer accepting, in lieu of dedication, adequate purchase funds and an agreement with the developer to hold the City harmless from all acquisition costs . 3 . If the owners refuse to sell to the City, then the expropriation of the property becomes inevitable. The exercise of the power of eminent domain in this case is easily justifiable since street widening has consistently been held as a proper public purpose for which condemnation may be had. In such a case, whatever just compensation that may be adjudged for the purpose would be paid for by the funds of the developer which, would be accepted by .the City in lieu of dedication. CONCLUSION: The City can use eminent domain procedures using developer ' s funds . In lieu of dedication, the City will accept these funds from the developer and in a written agreement, it will be stipulated that the funds will be used in defraying whatever just compensation is adjudged in the condemnation proceedings involved. There should be a hold harmless agreement and a cash deposit by Dahl, so that the City does not get surprised down the road by some unforeseen problems . GAIL HUTTON CITY ATTORNEY CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 USE OF ANNUAL SPECIAL TAX REVENUES Fiscal Year Maximum Debt Administration Fiscal Delinquency Fire and Percent End June 30 Special Tax Service (5%Increase) Agent 2% Police Service Increase 1991 320,000 n/a n/a n/a n/a n/a n/a 1992 326,400 262,188 10,000 5,000 6,528 42,684 n/a 1993 332,928 265,125 10,500 5,000 6,659 45,644 6.9.4 1994 339,587 262,650 11,025 5,000 6,792 54,120 18.57 1995 346,378 265,175 11,576 5,000 6,928 57,699 6.61 1996 353,306 262,288 12,155 5,000 7,066 66,797 15.77 1997 360,372 264,400 12,763 5,000 7,207 71,002 6.30 1998 367,579 261,100 13,401 5,000 7,352 80,727 13.70 1999 374,931 262,800 14,071 5,000 7,499 85,561 5.99 2000 382,430 264,088 14,775 5,000 7,649 90,918 6.26 2001 390,078 264,963 15,513 5,000 7,802 96,800 6.47 2002 397,880 265,425 16,289 5,000 7,958 103,208 6.62 2003 405,837 265,475 17,103 5,000 8,117 110,142 6.72 2004 413,954 265,113 17,959 5,000 8,279 117,603 6.77 2005 422,233 264,338 18,856 5,000 8,445 125,594 6.79 2006 430,678 263,150 19,799 5,000 8,614 134,115 6.78 2007 439,291 261,550 20,789 5,000 8,786 143,166 6.75 2008 448,077 264,538 21,829 5,000 8,962 147,749 3.20 2009 457,039 261,700 22,920 5,000 9,141 158,278 7.13 2010 466,180 263,450 24,066 5,000 9,324 164,340 3.83 2011 475,503 264,375 25,270 5,000 9,510 171,349 4.26 2012 485,013 264,475 26,533 5,000 9,700 179,305 4.64 2013 494,713 263,750 27,860 5,000 9,894 188,210 4.97 2014 504,608 262,200 29,253 5,000 10,092 198,063 5.24 2015 514,700 264,825 30,715 5,000 10,294 203,866 2.93 2016 524,994 261,213 32,251 5,000 10,500 216,030 5.97 2017 535,494 261,775 33,864 5,000 10,710 224,145 3.76 2018 546,204 266,100 35,557 5,000 10,924 228,623 2.00 2019 557,128 263,775 37,335 5,000 11,143 239,876 4.92 2020 568,270 265,213 39,201 5,000 11,365 247,491 3.17 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 ------------------------------------------------- S O U R C E S A N D U S E S O F F U N D S ------------------------------------------------- ------------------------------------------------- DELIVERY DATE: 7/19/90 SOURCES PAR AMOUNT OF BONDS................... $2,875,000.00 *PREMIUM /-DISCOUNT................... 50.00 PROCEEDS........................................... 2,875,000.00 w....RUED INTEREST........................................ 11,859.38 ------------------- 52,886,859.38 USES OF FUNDS IMPROVEMENT FUND........................................ 2,230,000.00 UNDERWRITERS DISCOUNT (% or S)..........( 2.000000%)... 57,500.00 COST OF ISSUANCE........................................ 130,000.00 ACCRUED INTEREST........................................ 11,859.38 ' `ITALIZED INTEREST.................................... 226,931.12 f SERVICE RESERVE.................................... 230,000.00 CONTINGENCY............................................. 568.88 ------------------- 52,886,859.38 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 04-25-1990 2 08:35:26 FILENAME: BLANK KEY: BLANK CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 DEBT SERVICE SCHEDULE --------------------- --------------------- DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- -------------- 3/ 1/91 158,125.00 158,125.00 9/ 1/91 118,593.75 118,593.75 276,718.75 3/ 1/92 118,593.75 118,593.75 9/ 1/92 25,000.00 8.250000 118,593.75 143,593.75 262,187.50 93 117,562.50 117,562.50 9/ 1/93 30,000.00 8.250000 117,562.50 147,562.50 265,125.00 3/ 1/94 116,325.00 116,325.00 9/ 1/94 30,000.00 8.250000 116,325.00 146,325.00 262,650.00 3/ 1/95 115,087.50 115,087.50 9/ 1/95 35,000.00 8.250000 115,087.50 150,087.50 265,175.00 3/ 1/96 113,643.75 113,643.75 9/ 1/96 35,000.00 8.250000 113,643.75 148,643.75 262,287.50 3/ 1/97 112,200.00 112,200.00 9/ 1/97 40,000.00 8.250000 112,200.00 152,200.00 264,400.00 3/ 1/98 110,550.00 110,550.00 9/ 1/98 40,000.00 8.250000 110,550.00 150,550.00 261,100.00 3/ 1/99 108,900.00 108,900.00 C f99 45,000.00 8.250000 108,900.00 153,900.00 262,800.00 j, ./ 0 107,043.75 107,043.75 9/ 1/ 0 50,000.00 8.250000 107,043.75 157,043.75 264,087.50 3/ 1/ 1 104,981.25 104,981.25 9/ 1/ 1 55,000.00 8.250000 104,981.25 159,981.25 264,962.50 3/ 1/ 2 102,712.50 102,712.50 9/ 1/ 2 60,000.00 8.250000 102,712.50 162,712.50 265,425.00 3/ 1/ 3 100,237.50 100,237.50 Prepared by Rod Gum Associates, Inc., Seal Beach, California RUNDATE: 04-25-1990 9 08:35:35 FILENAME: BLANK KEY: BLANK CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 --------------------- --------------------- DEBT SERVICE SCHEDULE --------------------- DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- -------------- 9/ 1/ 3 65,000.00 8.250000 100,237.50 165,237.50 265,475.00 3/ 1/ 4 97,556.25 97,556.25 9/ 1/ 4 70,000.00 8.250000 97,556.25 167,556.25 265,112.50 3/ 1/ 5 94,668.75 94,668.75 4 5 75,000.00 8.250000 94,668.75 169,668.75 264,337.50 3/ 1/ 6 91,575.00 91,575.00 9/ 1/ 6 80,000.00 8.250000 91,575.00 171,575.00 263,150.00 3/ 1/ 7 88,275.00 88,275.00 9/ 1/ 7 85,000.00 8.250000 88,275.00 173,275.00 261,550.00 3/ 1/ 8 84,768.75 84,768.75 9/ 1/ 8 95,000.00 8.250000 84,768.75 179,768.75 264,537.50 3/ 1/ 9 80,850.00 80,850.00 9/ 1/ 9 100,000.00 8.250000 80,850.00 180,850.00 261,700.00 3/ 1/10 76,725.00 76,725.00 9/ 1/10 110,000.00 8.250000 76,725.00 186,725.00 263,450.00 3/ 1/11 72,187.50 72,187.50 9/ 1/11 120,000.00 8.250000 72,187.50 192,187.50 264,375.00 3 '112 67,237.50 67,237.50 S. ;12 130,000.00 8.250000 67,237.50 197,237.50 264,475.00 3/ 1/13 61,875.00 61,875.00 9/ 1/13 140,000.00 8.250000 61,875.00 201,875.00 263,750.00 3/ 1/14 56,100.00 56,100.00 9/ 1/14 150,000.00 8.250000 56,100.00 206,100.00 262,200.00 3/ 1/15 49,912.50 49,912.50 9/ 1/15 165,000.00 8.250000 49,912.50 214,912.50 264,825.00 Prepared by Rod GLm Associates, Inc., Seal Beach, California RUNDATE: 04-25-1990 2 08:35:39 FILENAME: BLANK KEY: BLANK CITY OF HUNTINGTON BEACH CONNUNITY FACILITIES DISTRICT 90-1 ==aa=aaaa=a=a=====a=a DEBT SERVICE SCHEDULE --------------------- --------------------- DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- -------------- -------------- ------------.-. 3/ 1/16 43,106.25 43,106.25 9/ 1/16 175,000.00 8.250000 43,106.25 218,106.25 261,212.50 3/ 1/17 35,887.50 35,887.50 9/ 1/17 190,000.00 8.250000 35,887.50 225,887.50 261,775.00 y 18 28,050.00 28,050.00 . 9/ 1/18 210,000.00 8.250000 28,050.00 238,050.00 266,100.00 3/ 1/19 19,387.50 19,387.50 9/ 1/19 225,000.00 8.250000 19,387.50 244,387.50 263,775.00 3/ 1/20 10,1D6.25 10,106.25 9/ 1/20 245,000.00 8.250000 10,106.25 255,106.25 265,212.50 -------------- -------------- -------------- 2,875,000.00 5,048,931.25 7,923,931.25 ACCRUED 11,859.38 11,859.38 2,875,000.00 5,037,071.87 7,912,071.87 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 04-25-1990 8 08:35:42 FILENAME: BLANK KEY: BLANK CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 --------------------- --------------------- DEBT SERVICE SCHEDULE --------------------- --------------------- Dated 7/ 1/90 with Delivery of 7/19/90 Bond Years 61,199.167 Average Coupon 8.250000 Average life 21.286667 N I C % 8.250000 % Using 100.0000000 T I C % 8.460223 % From Delivery Date Prepared by Rod Gum Associates, Inc., Seal Beach, California RUNDATE: 04-25-1990 8 08:35:43 FILENAME: BLANK KEY: BLANK t CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 ------------------------- CAPITALIZED INTEREST FUND DELIVERY DATE: 7/19/90 PERIOD BEGINNING ACCRUED CONSTR. FUND DEBT SERVICE CAPITALIZED TOTAL FUNDS BOND INTEREST ENDING ENDING BALANCE INTEREST EARNINGS RESERVE INT. EARNINGS AVAILABLE CAPITALIZED BALANCE ( 8.250000 %) ( 8.250000 %) (100.000000 %) -------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- 3/ 1/91 226,931.12 11,859.38 11,912.08 12,206.33 262,908.91 158,125.00 104,783.91 9' '/91 104,783.91 9,487.50 4,322.34 118,593.75 118,593.75 A& -------------- -------------- --------- -- ---- ------. ------......-- 11,859.38 21,399.58 16,528.67 276,718.75 -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- - Note: Capitalized Interest Earnings Utilized Semi-Annual Compoundings Using a 30/360 Year Basis Prepared by Rod Gum Associates, Inc., Seal Beach, California RUNDATE: 04-25-1990 8 08:35:51 FILENAME: BLANK KEY: BLANK t 0 FA' Jo-3686fi 5 OF 8QN'GE COUN Y CAL MMIA 2:30 P.M. JUL 1-21990 RECORDING- REQUESTED .BY AND AFTER RECORDATION RETURN TO: 04- a.cy�RECORDER City Clerk This document is solely for the City of Huntington Beach official business of the -City 2000 Main Street of Huntington Beach, as oontem- Huntington Beach, CA 92648 plated under Government Code EXEMPT Sao. 6103 and should be recorded C14 tree or eharge. NOTICE OF SPECIAL TAX LIEN CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et. seq., of the California Government Code (the "Act"), the undersigned City Clerk of the City of Huntington Beach (the "City"), County of Orange, State of California, hereby gives notice that a lien to secure payment of a special tax which the City Council of the City is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the acquisition and construction of public facilities and services described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is paid, permanently satisfied, and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded. The rate,method of apportionment,and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are as follows: none. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Orange, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) in accordance with Section 3115.5 of the Streets and Highways Code of California. The name(s)of the owner(s)of the real property included within the area of this community facilities district as they appear on the latest secured assessment roll as of the date of recording of this notice or are otherwise known to the City are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the amended boundary map of the community facilities district recorded at Book 52 of Maps of Assessment and Community Facilities Districts at Page 9, 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. � ]1 The assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district are as set forth in Exhibit C attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien,interested persons should contact the Director of Finance of the City of Huntington Beach, 2000 Main Street, Huntington Beach, California,92648, telephone number(714) 536-5228. Dated: July , 1990. By: Kort-�- City Clerk, City of Huntington Beach STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: On this 9TN day of 19 90 , before me, a Notary Public in and for said Co ty End State, personally appeared and- known to me to be the ^-- City Clerk of the City of HuntingtcOF Beach, the municipal corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. •, OFFICIAL SEAL h �..q �f MAYBRICE L ETCHESON NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY }� My comm. exp'res MAY 11, 1993 -2- EXHIBIT A CITY OF Huntington Beach COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) PUBLIC FACILITIES TO BE PROVIDED BY COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the District,including road improvements, curb, gutter, -sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Golden West Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Quarterhorse Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Saddleback Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Edwards Street in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the District,including related improvements. Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District, including any related work. Fire station improvements, including construction and related costs. Acquisition of emergency vehicle traffic interruption devices. SERVICES TO BE PROVIDED Police and Fire protection services, Paramedic services, in each case in addition to those currently provided in the District. A-1 •1 OTHER Costs of engineering, design, planning and coordination related to the above-listed facilities. Bond related expenses, including underwriters discount,reserve fund,capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the City and the Bond trustee or fiscal agent related to the District and the Bonds. A-2 EXHIBIT B CITY OF HUNTINGTON BEACH CO` MUNLI TY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) RATE AND METHOD OF APPORTIONMENT OF THE SPECI4I,TAX The Special Tax is to be levied by the Finance Director of the City on behalf of the District each Fiscal Year on all parcels %v;thin the District in an amount equal to the :Maximum Special Tax, less any Services Credit, as such terms are deuned below. Or. March 1 of each year all taxable Parcels %within the District shall be catearorized by the Finance Director either as Developed Parcels or Undeveloped Parcels,and shall be subject to a Special Tax in accordance with the Rate and:Method of Apportionment-pecified below. Undeveloped Parcel A Special Tax shall be levied on each Undeveloped Parcel as follows: ('Iaxab)e Sq. F:. of Parcel X Maximum) _ Services = Special (Taxable Sc. Ft.of District Special Tax) Credit Tax Developed Parcels A Speciavrax shall be levied on each Developed Parcel as follows: 1 ) (Maximum Total Special Tax Levied X Total dumber of) _ Services = Special (Special Tax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Me110-Roos Community Facilities Act of 1982,as amended. The Bonds means the City of Huntington Beach Community Facilities District No. 1.990-1 (GoldenwestlEllis Area) 1990 Special Tax Bonds, and any other bonds of the District payable from the Special-Tax. The City- means the City of 11 tint ington Beach,California. Developed Parcel (1) is any Parcel that is within the boundaries of the District based on the latest available equalized rolls of the County of Orange as of March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311,et seq.of the California Government Code,(2) is rot greater than 50,000 square feet in total square footage and (3) with respect to which a building _ Permit for a in;le family dwelling has been issued as of March 1 of the current year. 1 The District is CommuniLy Facilities District No. 1990-1 (Goldenwu-SUEllis areal of the City of Huntington Beach,California Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the f.esr;l;::inn of Issuance. 1+iscal tear means the period star tin;r on JLiIy 1 and ending the folio wing J Line 30. N'laximum Special Tax is ati antoun=for any Fiscal Year equal to$264,000. Resolution of Issuance is an. Resolution adopted by the City Council of the City authorizing the issuance of Bond=. Services Credit is an amount equal to any proceeds of the Special Tar Levied within. the District which has been allocated by the City to the payment of police and Fire protection services and/or paramedic services authorized under the Act which have not been expended for such purpose by the last day of the prior Fiscal Year. Special Tax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and levied within the District. Taxable Square Footage of Parcels is all of the area within any Parcel within.the District which is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Government. Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage For all Parcels within the District. Undeveloped Parcel is anv Parcel within the boundaries of the District (based on the latest equalized rolls of the County of Orange as of March 1 of each year) which is not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. 2 EXHIBIT C CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) 1990 Special Tax Bonds ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) Assessor's Parcel Nos. Names of P=ertv Owners 110-200-015 Southwest Diversified/Coscan Partners, 110-200-016 a California General Partnership 18400 Vonkerman, Suite 400 Irvine, CA 92715 110-210-02 Central Park#17, 110-210-04 a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 159-391-01 Central Park#8, A California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 159-391-02 Central Park#12, 159-391-03 A California Limited Partnership 159-391-04 505 Park Ave. Balboa Island, CA 92662 110-200-10 Central Park#15, 110-200-11 A California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 110-200-05 Emil Walter Plegel and 110-200-04 Ruby Lucille Plegel,Trustees 7071 Thomas Street Buena Park, CA 90621 C-1 Assessor's Parcel Nos. Names of Propem Owners 110-200-23 Central Park#13, a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 110-210-01 William Landis 1900 Avenue of the Stars, Suite 1060 Los Angeles, CA 90067 M75 C-2 ROI? GUNK ASSOCIATES, INC. 3010 Old Ranch Parkway Suite 330 Seal Reach, ('a ifornia 40740-2750 (213)508-7577 * * PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE'` FIRM: 'l ti1 FROM: FEE: t - = 7 f j � -� C` �'� e �-�— �---_ NC OF 1'A(:t.�, INCLL 1j1NG COVER PAGE: NOTIF'Y I,S INIMI'DIATELY IF NOT RFCFIVED PROPERLY ''.%X NV'.* :: "R(213)431.540- 1 FiALF: :1 �."�! +• �AXMACHINE :f. Operator y- Date&Time Sent: FAX Number: c I R o i> G U N K A S c) c n r E S, i N c_. i June 27, 1990 V 1.A FA X Connie Brockway City Clerk City of Huntington Reach 000 main StreLA Huntington Beach; CA 92648 Re: City of Huntington Beach Community Facilities District BNTo. 1990-1 (Golden west/Ellis Area) Dear Connie: Enclosed please find Exhibit B to the Resolution of Formation on the above- referenced bond issue which was approved by the City Council on Monday night, June 2:5, 1990, pursuant to the request of Paul`i`hinimig. If you should have any questions, please do not hesitate to contact me. Sincerely, Rod Dunn i+5 ?li -t31 5 1 1 v - EXHIBIT B CITY OF HUNTING`l'ON B E A C I I COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Golden westiFllis Area) RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX The Special Tax is to be levied by the Finance Director of the City on behalf of the District.each Fiscal Year on all parcels within the District in an amount equal to the Maximum Special Tar, less any Services Credit, as such terms are defined below. On March 1 of each year all taxable Parcels within the District small he categorized by the Finance Director either as Developed Parcels or Undeveloped Parcels, and shall be subject to a Special Tax in accordance with the Rate and Method of Appurtioriinf.!rii.=pecilied below. Undevelolled f', p• tj .A Special Tax shall be levied on each Undeveloped Parcel as follows: (Taxable Sq. Ft.of Parcel X Maximum) Services = Special (Tax,a'ole Sq. Ft-of District Special Tax) Credit Tax Deg eloped Parcels A Special Tax shall be levied on each Developed Parcel as follows: 1 1 (N'laximum Total Special Tax Levied X Tot.al Number of) _ Services = Special (Special"Tax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Mello-Roos Community Facilities Act of 1982,as amended. The Bonds means the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest'Fllis Areal, 1990 Special Tax Bonds, and ::iny other bonds of the District p: .,,' 11W -j"l,r, Special Tax. The City nrcara thr:City ofllu►►tington li�.rcl: Cali<i►rnia. Developed Parcel (1) is any Parcel that is within the boundaries of the District based on '_'re latest available equalized rolls of the County of Orange as of :March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311, et seq. of the California Cover:urent Code, (2) is not greater than 50,000 square feet in total square footage and (3) with respect to nich a building, permit for a single family dwelling has been issued as of:March 1 of the current year. 1 i The District is Community Facilities District No, 1990-1 (Goldenwest/Ellis Area) of the City of llutitingtun Beach,California. Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance. Fiscal Year ilit;aris the perit.►d starting on July 1 and ending t he following June:30. Maximum Special Tax is an amount for any Fiscal Year equal to$264,000. Resolution of issuance is any Resolution adopted by the City Council of the Cite authorizing the i>suance of Bonds. Services Credit is an amount equal to any proceeds of the Special Tax Levied within the District which has been allocated by the City to the payment of police and fire protection services and/or paramedic services authorized under the Act which have not been expended for such purpose by the last day of the prior Fiscat Year. Special Tax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and levied within the District. Taxable Square Footage of Parcels is all of the area within any Parcel within the District which is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Government Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage for all Parcels within the District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest equalized rolls of the County of Orange as of March 1 of each year) which is not. a Developed Parcel, and is not exempt from the Special Tax under'the provisions of the Act.. 2 176-2-7-90 10: 1 3AM P171� ::i w •� CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) ATTACHMENT I Fiscal Year NIaximur.t End June 30 Special Tax 1991 $264,000 1992 269,280 1993 274,666 1994 280,159 1995 285,762 1996 29IA77 1997 297,307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328.25 i 2003 3J4,816 2004 341,512 2005 348,342 2006 355,309 2007 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,290 2012 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2018 450,618 2019 459,630 2020 468,823 2021 and Previous Fiscal Year Thereafter Increcased by Nr, 3 0i-27-l0 10 1 3Ahi F05 ire 11 ; 0; M FROM CITY ATTORNEY TO CITY CLERK pair; CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DIS'I'Riur NO. 1990-1 (Galden,A,est/Ellis Area) A,`l:rrACHNiF,N'I' 1 Fiscal Year Ntaximuni End.11tne 30 er1a1 Tax 1991 $264,000 1992 269,280 1993 274,666 1994 280,169 1995 285,762 1996 291,477 1997 297,307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328.261 2003 334,816 2004 341,512 2005 348,342 2006 355,309 2007 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,290 2012 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2Q 18 450,618 2019 469,630 2020 468,823 2021 and Previous Fiscal Ym, Theroafter Increased by 2% 3 10 13AIVI PU�� CITY ATTORNEY 'l -'iii Ott-I 1"I. u 11 : 03AM FROM CITY ATTORNEY TO CITY CLERK p04 The District is Community Facilities District No. 1990-l (Goldenwest/Ellis Area) of the City of Huntington peach.California. fiscal Agent moans the riscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal _gent Agreement means the agreement by that name approved by the Resolution of Issuance. Fiscal Year Ineans the period starting on July 1 and ending tho following June 30. Maximum Special Tax is an amount for any Fiieal Year equal to$284,000. Resolution of Issuance is any Re wlution adopted by the City Council of the City authorizing the issuance of Bonds, Services Credit is an amount equal to any proeeeds of the Special Tax Levied within the District which has been allocated by the City to the paymel:it of police axed fire protection services and/or paramedic services authorized under the Act which have not been expended for sueh purpose by the last day of the prior Fiscal Year. Special Tax is any tax authorized by Section 53340 of the California Coverntnent Code adopted by Ordinance of the City and levied within the District. Taxable Square Footage of Parcels is all of the area within any Parcel within the District which is not exempt from the Special Tax pursuant to Section .53311, et. seq. of the California Government Code. Total Taxable Square Footage of the District meads the aggregate Taxable Square Footage for all Parcels within the District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest equalized rolls of the County of Orange as of March 1 of each year) which ig not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. 2 06-27-90 10: 13AM PO4 I•'Rui•9 CITY ATTORNEY - _ - - - iii -"?-90 - 1 1 : A 3MV1 PO4 - - 7- i_! i 1 : i!3AV -ROM CITY ATTORNEY TO CITY CLERK r i! EXHIBIT A CI`CY OF HGN`I'INGTON BEACH COININIC NI`I'Y FACILITIES DISTRICT NO, 1990-1 (Golden west[EIlis Area) RATE? AND METHOD OF APPORIJONMENT OF' THE SPECIAL TAX The Special Tax is to be levied by tho Finance Director of the City on behalf of the District each Fiscai Year on all parcels within the fistrict in an amount equal to the Maximum Special Tax, less any Services Credit, as such terms are defined below. On %larch 1 of each year all taxable Parcels within the District shill be categorized by the Finaiwe Director either as Developed Parcels or Undeveloped Parcels, and shall bo subiect to a Specia( Tax in accordance with the Rate and Method of Apportionment specified below. Undeveloped Puree A Special Tat shNfl be levied on each Undeveloped Parcel as follows: (Taxable SQ,, Ft. of Parch 1 Nlaxiinum) — Services _ Special (Taxable Sq. Ft. of District Special Tax) Credit Tax Deyeloped PArcelj A Special'i'ax shall be levied on each Developed Parcel a:follows: 1 _) (Niaximum Total Special Tax Levied K Total N umber of) — Services = Special (Special'ras on Undeveloped Parcels Developed Parcels) Credit Tax Deflnitlons Act means the Nleilo-Roos Community Facilities Act of 1982,as amended. The Bonds rneans the City of Huntington Beach Community Facilities District No. 1990-) (Golden west/F1]is Area) 1990 Special Tax Bonds, and any other bonds of the District payable from the Special Tux. The City moans the City o£Iluntington Beach,California. Developed Parcel (1) is any Parcel that is within the boundaries of the District based on the latest available equalized rolls of the County of Orange as of :March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311, et seq.of the California Government Code,(2) is not greater than 50,000 square feat in total square footage and (3) with respect to which a building permit for a single family dwelling has been issued as of March 1 of the curront year. 1 f-9G i JAM i!v F_ CITY ATTORNEY ---- �� ,1 ;.,+ I0_: : 0 ,"-.l r-'{! CITY ATTORNEY TO CITY CLERK l!l June 27, 1990 VIA FAX Connie Brockway City Clerk City of Huntington Beath `1000 Main Street Huntington Beach, CA 92648 Re: City of Huntington Beach Community Facilities District BNo. 1990-1. (GoldenwesUEllis Area) Dear Connie., Enclosed please find Exhibit B to the Resolution of Formation on the above- re erenct,d bond issue which was approved by the City Council on 'Ylonday night, June 25, 1990, pursuant to the request.of Paul Thimmig. If you should have any questions, please do not hesitate to contact Ine. Sincerely, Rod Gunn - F..I•—:;:;.:'— — .. __ Jo:n i. ka Vl 1 VK'F'1' S;l:Ir 1%:1 -- -- - _ — - sI:; f!.r,l.I. (% C.J^{v.3750 i t`:Vt.1 CITY ATTORNEY —`:l 1 i - ".At ?F. +Ot17-90 11 : 03AM FROM CITY ATTORNEY TO CITY CLERK P01 RoD GUNN ASSOCIA,rEs, INC. 3010 Old Ranch Parkway Suite 330 Seal Beach,California 90740-2750 (213)598.7877 • + PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE 4 FIRM: ' • L.�r-- ., `t�.' FROM: .,•'X t•,.,.-�. N0. OF PAGES, INCLUCIING) COVER PAGE: NOTIFY U5 IMMEDIATgLY IF NQ_'i'RECEIVED PROPERLY FAX NUMBER(213)431.6446 FEDERAL EXPRESS(ex.Zspmailer)FAX MACHINE Of OperatorDate&Time Sent: FAXNumber: hk b1 CITY A1'T Prii. 1 J01VES HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHART, S F.ADAMS FOUR EMBARCADERO CENTER HAROLD W.BANK' SUITE 1950 STEPHEN R.CASALEGGIO BRUCE R.COLEMAN July 6, 1990 SAN FRANCISCO, CA 94111 THOMAAS A.DOWNEY (415)301-5780 ANDREW C.HALL,JR. KENNETH I.JONES FACSIMILE WILLIAM H.MADISON DAVID J.OSTER (415)391-5784 BRIAN D.QUINT (415)391-5785 PAUL J.THIMMIG (415)056-6308 SHARON STANTON WHITE •ADMITTED TO NEW YORE AND DISTRICT OF COLUMBTA BARS ONLY ROBERT J.HILL(1922-1988) VIA FEDERAL EXPRESS Ms. Connie Brockway,City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 RE: City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Dear Connie, Enclosed please find the Notice of Special Tax Lien for the above-referenced financing. Please execute it and fill in the date on the second page, have your signature notarized and file the notarized copy with the County Recorder's office. If possible, please get a conformed copy when the notice is recorded, and send the conformed copy to me. If you have any questions regarding any of the foregoing,please give me a call. Very truly yours, p j'"tv's" Paul J.Aimmig P)T:sc/18082 A/ BILL f A ® -USE THIS A/RSILL FOR DOMESTIC SHIPMENTS-WLTNIN THE:CONTINENTAL-U.S.A.,ALASKA_ANOkNAWAII /.PACKAGE /QQntr!, # �'}}�R� t e N' USE THE INTERNATIONAL AIR WAYBILL FORrBNIYMENTB TO CUERTO RICO;;- '-' Y ii ia,�,'i.t Yr QUESTIONST CAL'L�!MNl x3B 5353„TOLLy'TREEblE, i" - TRACKING NUMBER 777 YY ",,{{{{ffiAAi 111 !!ll Ex - 1 - 4YlT.;`6' d•"tfi M'„1- 'd :.dr}"(,I. i '4 4r-'2 Date RECIPIENT'S COPY r .From(Your NKA ame)Please Pnnt Yow Phone Number(Very ImportAntj ' j To(Recipient's-_Name Please Pnnt Recipient'!Phone Number Nery Irn"nf { 3 ( r. .. f Company Department/Floor No: k�Com ny4 if Departrnent/Floor No F t41F1.L ttIL �. �iff�T�, , .. ��.� .� 'i, f .Street Address 'y,. 2; Ez3ct Street Address IWe CsRl10►Del/reF m P 0.Boxes a P.0.s Zip.coess./ -- City ., State. - ZIP Required -r••,. City f ". - State`1r1A, ti 4z O gej: qulred r .: A ACTS, 'EI f ;YOUR BILLING,REFEREMCE INFORMATION�FIRSL 24 CHARACTERS WILL APPEAMN INVOICE.) IF HOLD FOR PICK-UP,PnM FEDEX AL#11Fess Here r -, - street Address. PAYMENT B IIISeMer &II Reclp enYs FedFx Acct No.,::❑&II 3 d Perry FetlEx Acct No &11 CredyCa d Clly. State K ZIP Required ' SERVICES DELIVERY AND SPECIAL HANDLING fMFIlA!! Writ IRE B E' Emp No. Date' Federal Express Use, ,5. ... :-. sur RLLIE ❑Cash Received; " ' base Charges 1, �O9rITY,I 6,R OVERNIGHT � HOLD FORPICK UP ❑Ranm�snip�r ❑Third Perry Cho To Del - CN.To HOM '. s � ❑ ❑ Declared Value Charge: 2 ��'DELIVERWEERDAY A Street Address ' 2❑COURIER PAK ��0 .,,.3 DELIVER SATURDAY�.o-.cier9a a '`� '" _ OtheY 1-. OVERNIGHT _ ENYEL'OPEte q❑'" MGEOUS 60003 Cly State . Zip 3❑OYERAINiNT., 8 5 CONSTANT SURVEILLANCE SERVICE J Total Total otsl, Other 2. i' BOA•<: ❑ ❑ ( ?e cherpef feekeee Sgr—e Nd nppI i�Y�i�1►hl !Y *8'❑ DRV ICE tee 'Received By. s� Received t x .- X Total Charges 4❑`TUBEM/GNi ,9❑ 7 OTHER SPECIAL SEANCE t Q ge�ular Stop 2I�"Orr-Call Stop, Date/Time;Received FedEx Employee Number PART B1r1800p.­ 8,❑ Drop Bo `',`''gS0'O '"Stan REVISION DATE 10/G8 SATURDAT MCR-0P- PRINTED IN USA FxEM g FEDEX Cor .E fo ee No. n dz F Se der aritho es Federal Express to deliver this shI Y P.❑1Fxne cne*9erP. mP ..r P .P - m, ent:with obtaining, n out delivery signature n hall a el a and s ry r 9. 9 g +5 , 'STANDARD 10 10 � � .,r, indemnify and hold harmless Federal Express from an O O, '! ❑ -❑ .� ,.-» .fY. ass ed passy AIR Da y ',claims resulting therefrom. not later Bran '.., 11',❑ - Dafe/Timm foFFIi.DEX ®f sae F ec. . Bel ti y Y., ,.... second business da- ❑ HOLIDAY DELIVERY fn.rrereel � �, � ease *Declared Value Umif$100.- 12 _�d.W) ' 4/ Signature: . r (if0l7L�9�L PAC �E SERVICEPERMS AFf9 C®!�!�lYiONS ®EFICHT101JS instruments,and other items listed in our current Service Guide On this Airbill,we,our and us refer to Federal Express Corporation,its If you send more than one package on,this Airbill,you may fill r,the total employees and agents You and your refer to the sender,its employees declared value for all pnckages,not to exceed the$100,$500 or$25,000 and agents. - -per packa§e4mit described above.(Example:5 packages can have a . Q9G7EEMEXT TO NEWS � total declared value of up to$125,000) If more than one p�cKage is ) By giving us your package to deliver,you agree to all the terms on this shipped on this aubill,our liability for less or damage will be limited to the Airbill and in our current Service Guide,which is avalpf le on request if actual'value of the paukaoe(s;lost or damaged(net to exceed the lesser there is a conflict between the current Service Guide and th:s Ar bill,the of the total declared value or the net package limits described above).You Service Guide will Control.No Ones authorized to altcr or modlfythe terms have.the responsibility of proving fhe actual losc or damage Of our Agreement. BESPONSIC9197 7 FtnvB P�CMA9Br'9G1G 1p �G°Qff1rGi�Q ngC"_i 7A2A ALL CLAIMS MUST BE iSADE BY YOU IN`Nf?ITING'You roust notify You are responsible for adegpately packaging your goods and for us of your claim within strict iime limits.See current Service Guide. properly filling out this Airbill.On-fission of the number of packages and We II consider your claim filed if you call and notify our Customer weight per package from this Airbill will resultin a billing based on our best Service Department at 800-238-5355 and notify us in writing as soon as estimate bf the number of packages received from you and an estimated possible. "default"weight per package,as determined and periodically adjusted by Within 90 days after you notify us of your claim,you must send us all us. relevant information about it.We are not obligated to act on any claim until 0F YOU ARE 412 P�QI�SPNl93A 9l'9 mur 9196IdD9�C9 you have paid all transportation charges,and you may not deduct the Our basic rate includes a federal tax required by Internal Revenue Code amount of your claim from those charges. i����,r,11 �ffryry t��l�a "\ t}y� Section 4271 on the air transportation portion of this service If the recipient accepts your package without noting any damage on the ptytlAiry, MIG A MPS delivery record,we will assume that the package was delivered in good R3IRKAY9t OS 00 002 H@ SJUYY condition.In order for us to process your claim,you must,to the extent � AroPLY possible,make the original shipping cartons and packing available for Our fiabilily for loss or damage to your package is limited to your actual inspection 'THI,: _wzq 7 ADM�mnm damages''or$100,whichever is less,unless you pay for and declare q higher authorized value We do not p`ovlae cargo habdity,Insurance,but We may,at our option,open and inspect your pact,:ges oriot to of after you may pay forty cents for each additional$100Qof declared value If you you gore t7errl lit us to deliver. _ declare a higher vaiueand pay tf�e additional churge,ouria0i'tywillbethe .V,Wa;•s,•J „t,�--Jra lesser of your declared value or the actual value of your package. ` In any avant we will not be liable for any damages,whether direct, We don't provide C O.D services. .. incidental.:special or consequential in excess of the declared value 0 a: rrL­ stlipmEnt;'whether or not Federal Express had knowledge that such Evert if you give us different payment instructions,you will always be damages might be incurred includidg,but,not limited to,loss of income primarily responsible for all delivery doers,as well as any costs we may or profits. jricur in either'retuming your package to you or warehousing it pending We won't be liable for your acts or omissions,including but not limited to dEsposdion. -. improper or insufficient packing,securing,marking or addressing,or far I�NQgOFBff®Qi�LffPYA4��ff the acts or omissions of the reciptentor anyone else with anintgrestinthe „ -, We reserve the fight to reject a shipment at any time,when such- - - - package.Also,we wont be liable it you or the recipient violates any of the shipment would be-likely to cause damage or delay to oche,shipments, terms of our'agreement.We won't be liable for loss of or damage to equipment or personnel,of If the transportation of which is prohibited by shipments of cash,currency or other prohibited items. ,fewer is inrviolahon of any rules contained in this Airbill or our Service We won't be liable for loss,damage or delay caused by e?ants we Guide. cannot control,including but not limited to acts of God,perils of the air, .. ®C,1Ed_St96�iPoADARQP3Tffff weather conditions, mechanical delays,acts of public enemies,war, — strikes,civil commotions,or acts or omissions of public authorities(includ- ing customs and quarantine officials)with actual or apparent authority. and with some limitations,refund or credit all transportation charges.See ®ffC4QRF®YAdUff L 60pS current Service Guide for further information., The highest declared value we allow for Overnight Letter and Courier- Pak Overnight Envelope shipments is$100. For other Priority-1 and Standard Air Shipments,the highest declared value we allow is$25,000 unless your package contains Items of"extraordinary value,"in which case the niches(declared value we allow is$500 Items of"extraordinary i Part k111800 . value;'Include artwork,jewelry,furs,money,precious metals,negotiable Rev.10/88 r CITY OF E- UNTINGTON BEACH 2000 MAIN STREET CALI FOR N[A 92648 OFFICE OF THE CITY CLERK July 10, 1990 Lee A. Branch, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find Notice of Special. Tax Lien to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648. Thank you. Connie Brockway City Clerk CB:bt Enc. P. S. Enclosed is a copy of the document to be conformed and returned. 'Telephone: 714-536.5227) RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: City Clerk This document is solely for the City of Huntington Beach official business of the City 20W Main Street of Huntington Beach, as contem— Huntington Beach, CA 92648 plated under Government Code Sao. 6103 aad should be recorded free of sharge. NOTICE OF SPECIAL TAX LIEN CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990=1 (Goldenwest/Ellis Area) Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et. seq., of the California Government Code (the "Act"), the undersigned City Clerk of the City of Huntington Beach (the "City"), County of Orange, State of California, hereby gives notice that a lien to secure payment of a special tax which the City Council of the City is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the acquisition and construction of public facilities and services described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) which has now been officially.formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is paid, permanently satisfied, and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are as follows: none. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Orange, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) in accordance with Section 3115.5 of the Streets and Highways Code of California. The name(s) of the owner(s) of the real property included within the area of this community facilities district as they appear on the latest secured assessment roll as of the date of recording of this notice or are otherwise known to the City are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the amended boundary map of the community facilities district recorded at Book 52 of Maps of Assessment and Community Facilities Districts at Page 9, 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. f The assessor's-tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district are as set forth in Exhibit C attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Finance of the City of Huntington Beach, 2000 Main Street, Huntington Beach, California, 92648, telephone number(714) 536-5228. Dated: July —'?—, 1990. By: City Clerk, City of Huntington Beach STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: On this 9TN day of 19 90 , before me, a Notary Public in and for said Co ty nd State, personally appeared Wo be the MaysVe d' known to me to be the City Clerk of the City of Huntingtci Beach, the municipal corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL. MAYBRICE L ETCHESON `� �<<• n. ;?_ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY U ii My comm. expires MAY 11, 1"3 . -2- EXHIBIT A CITY OF Huntington Beach COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) PUBLIC FACILITIES TO BE PROVIDED BY COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Golden West Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Quarterhorse Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Saddleback Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Edwards Street in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the District, including related improvements. Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District, including any related work. Fire station improvements, including construction and related costs. Acquisition of emergency vehicle traffic interruption devices. SERVICES TO BE PROVIDED Police and Fire protection services, Paramedic services, in each case in addition to those currently provided in the District. A-1 OTHER Costs of engineering, design, planning and coordination.related to the above-listed facilities. Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the City and the Bond trustee or fiscal agent related to the District and the Bonds. A-2 EXHII.I:IT B CITY OF HLNI'INGTON BEACH CONUMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenw'est/Ellis Area) RATE AND METHOD OF APPORTIONI<IF.NT OF THE SPECIAI,TAX The Special Tax is to be levied by the Finance Director of the City on behalf of the District each Fuca! Year or, all :parcels %v;t.hin the District in an amount equal to the 'Maximum Special Tax, less an,., Services Credit, as such terms are defined below. Or. March 1 of each year all taxable Parcels %Vitl?in the District shall be categorized by the Finance Director either as Developed Parcels or Undeveloped Parcels, and shall be subject to a Special Tax in accordance with the Rate and Method of "+pportionincm =pt,-cified be!o,.v. Undeveloped Parcels A Special Tax shall be levied on each Undeveloped Parcel as follows: (Taxable Sq. F:. of Parcel X Maximum) _ Services = Special (Taxable Sq. Ft. of District Special Tax) Credit `1'ax Developed Parcels A Special Tax shall be levied on each Developed Parcel as follows: 1 ) (Maximum Total Special Tax Levied X Total .Number of) _ Services = Special (Special Tax on (r rdeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Mello-Roos Community Facilities Act of 1982,as amended. The Bonds means the City of lfuritington Beach Community Faci!ities District No. 1990-1 (Goldenwes Ellis Area) 1990 Special Tax Bonds, and any other bonds of the District payable from the Special Tax. The City :rears the City-ofHuntington Beac11,California. Developed Parcel (1) is any Parcel that is within the boundaries of the 0-nLrIct based on the latest available equalized rolls of the County of Orange as of March 1 of the applicable year w-hich is not exempt from the Special Tax pursuant to Section 53311, et seq. of the California Government Code,(2) is not greater than 50,000 square feet in total square footage and (3) with respect to which a building permit for r. inglc fainily dwellii:g has been issued as of March 1 of the current year. 1 The District is Coinniunity Facilities District No. 1990-1 (Cloldenwest,'FIlis .area) of the City of Huntington Beach,California Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement: Fiscal Agent Agreement means the agreement by that name approved by the Resol,-lion of Issuance. >±iscal fear means the period starting on Jule I and ending the followkg June 30. \Maximum Special Tax is an amount W any Fiscal Year equal to $264,000. Resolution of Issuance is an. Resolution adopted by the City Council of the City authorizing, the issuance of Bonds. Senices Credit is an arnount equal to any proceeds of the Special Tar Levied within. the District which has been allocated by the City to the pay;nent of ponce and Care protection services and or paramedic services authorized under the Act which have not been eypended for such purpose by the last day of the prior Fiscal Year. Special Tax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and le.ied within the District. Taxable Square Footage of Parcels is all of the area within any Parcel within the District whica is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Govern,en" Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage `or all Parcels within tine District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest =' equalized roils of the County of Orange as of March 1 of each year) which is not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. 2 EXHIBIT C CITY OF.HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) 1990' Special Tax Bonds ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) Assessor's Parcel Nos. Names of Property Owners 110-200-015 Southwest Diversified/Coscan Partners, 110-200-016 a California General Partnership 18400 Vonkerman, Suite 400 Irvine, CA 92715 110-210-02 Central Park#17, 110-210-04 a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 159-391-01 Central Park#8, ' A California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 159-391-02 Central Park#12, 159-391-03 A California Limited Partnership 159-391-04 505 Park Ave. Balboa Island, CA 92662 110-200-10 Central Park#15, 110-200-11 A California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 110-200-05 Emil Walter Plegel and 110-200-04 Ruby Lucille Plegel,Trustees 7071 Thomas Street Buena Park, CA 90621 C-1 t Assessor's Parcel Nos. Names of Property Owners 110-200223 Central Park#13, a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 110-210-01 William Landis 1900 Avenue of the Stars, Suite 1060 Los Angeles, CA 90067 J7375 C-2 r �Qd UrI_�Zi; cf) fl�- r0- ,ri -r I' JONES HALL HILL & WHITE JA Professional Law Corporation ATTORNEYS AT LAW Four Embareadero Center Suite 1950 San Francisco, California 94111 TELECOPY TRANSMITTAL SHEET TO: Mr. Robert J. Franz, Admin.Svices TELECOPY #: 714- 536-4182 Mr. Louis F. Sandoval , Dir. of Public Works 714- 536-6473 CC: Mr. Robert E. Eichbl att, City En i neGELECOPY #: 714 536-6473 .r. Dan T. Villella, Dir. of Finance 714-536-4182 CC: �Ms. Connie Brockway, City Clerk TELECOPY #: 714-536-4693 CC: Mr. Arthur J. Folger, Deputy City AttnLECOPY #: 714-536-4693 FROM: Paul J. Thimmig TELEPHONE: (415) 391-5780 AT: JOKES HALL HILL & WHITE TELECOPY #: (415) 956-6308 TELECOPY #: (415) 391-5784 or TELECOPY #: (415) 391-5785 DATE: 7/3/90 TIME: 2: 15 pm NUMBER OF PAGES (including this page): 5 TRANSMITTED ON AT&T FAX 3510D AUTOMATIC (GROUP III) & ZAP COMPATIBLE RE: CFD No. 1990-1 (Goldenwest/Ellis Area) NOTES: PFAX.MLT—PJT ;05111 T 'd 6V:t7T 06, 6a -inf 01 Pld;n : n DE, LO—LQ aJONES HALL HILL WHITE, A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHARLES F.ADAMS FOUR E"ARGA.DERO ORNTE.R HAROLD W.HANK' SMTE 1950 STEPHEN R.CASALEOOIO HRUCE R.COLEMAN SAN FEANCISCO,CA 94111 THOMAS A.11OWNEY (415) 391-8780 ANDREW C.HALL,,JR. KENNETH I..JONFA, WILLIAM 11.MAI)ISON July 3, 1990 FACSIMILE DAVID J.OSTER 14161 391-5784 HRIAN D.QUINT (416)391-5785 PAUL J.THIMMIO (415)956-6308 SHARO.N STANTON WRITE - 'ADxTrrsn To NRw YoRR Ara AI3TRICT OF C43LVMBIA BARS ORLT ROBERT J.HILL 01922-1968) VIA TELECOPY To: Distribution RE: Disclosure Statement - City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Telecopied herewith is an initial draft of a proposed disclosure statement that would be provided to prospective buyers of homes within the above-referenced district. The statement was derived from the Anaheim example sent out under my cover letter of May 16th. The statement is designed to be copied on both sides of one sheet of paper and folded into thirds. We will be discussing the statement and all other aspects of the transaction at the all hands meeting scheduled for 2:00 p.m. on Thursday,July 5th at the City's offices. Very truly yours, Paul J. 'mmig Enclosure PTr:umo" 7-,j Ft7:t,T 06, co -inr ,:l V13 0 0 0�—�0— A t� 18019-30 ][¢]W:FTf:slc 05%I5190 T7377 •' 05;23.!90 07/03'90 CITY OF HUNTINGTON BEACH PROPOSED COMMUNITY FACILITY DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) DISTRIBUTION LIST (July 3, 1990) CITY: UNDERWRITER: CITY OF HUNTINGTON BEACH CHILTON & O'CONNOR -Mr. Robert J. Franz -Mr. Tony Wetherbee Deputy City Administrator/ 1901 Avenue of the Stars, Suite 1400 Administrative Services Los Angeles,California 90067 -Mr. Louis F. Sandoval, (213) 203-0966 Director of Public Works (213) 201-5091 [FAX] -Mr. Robert E. Eichblatt, City Engineer -Mr. Dan T. Villella, FINANCIAL CONSULTANT: Director of Finance -Ms. Connie Brockway, GRC MUNICIPAL FINANCE, INC. City Clerk -Mr. Rod Gunn -Mr. Arthur J. Folger, Principal Deputy City Attorney 3010 Old Ranch Parkway,Suite 330 2000 Main Street Seal Beach,California 90740 Huntington Beach,CA 92648 (213) 598-7677 (714) 536-5236[Franz] (213) 431-5446[FAX] (714) 536-5432[Sandoval] (714)536-5431 [Eichblatt] (714)536-5228[Villella] BOND COUNSEL: (714) 536-5404[Brockway] (714) 536-5555[Folger] JONES HALL HILL & WHITE -Paul J. Thimmig, Esq. (714)536-4182[Franz FAX] Four Embarcadero Center, Suite 1950 (714) 536-6473 [Sandoval FAX] San Francisco, CA 94111 (714) 536-6473[Eichblatt FAX] (415) 391-5780 (714) 536-4182[Villella FAX] (415) 391-5784[FAX] (714) 536-4693 [Brockway FAX] (714)536-4693 [Folger FAX] DEVELOPER: THE DAHL COMPANY -Mr. David Dahl -Mr. Ron McDevitt 505 Park Avenue Balboa Island,CA 92662 (714) 673-0127 (714) 723-0269[FAX] E d OS:VT 06: Eo -inf Acknowledgement I, the undersigned, acknowledge that I have read this disclosure and understand that a - Special Tax will be collected along with regular property taxes to finance the public facilities and pay for the services as listed above. I recognize that the property I am considering for purchase is within CFD No. 1990-1, and I understand that I will be responsible for payment of the Mello-Roos Special Tax. I understand that if I fail to pay the Special Taxes when levied and due, my home may be subject to foreclosure sale to MELLO-ROOS pay the delinquent Special Taxes. I also understand that a copy of this brochure with SPECIAL TAX my signature will be kept on file with the City of Huntington Beach. DISCLOSURE Signed Date TO THE Signed HOMEOWNER Date THIS SUMMARY BROCHURE DOES NOT WAIVE OR ALTER ANY OF THE CONDITIONS OR PROVISIONS OF THE "NOTICE OF SPECIAL TAX LIEN" FROM THE TITLE REPORT FOR YOUR PROPERTY. FOR MORE DETAILED INFORMATION REGARDING THE 4 SPECIAL TAXES, A PROSPECTIVE HOMEOWNER SHOULD REVIEW THE ENTIRE "NOTICE OF SPECIAL TAX LIEN" WHICH CAN m ALSO BE OBTAINED BY CALLING THE CITY OF HUNTINGTION BEACH FINANCE DEPARTMENT AT (714) 536-5228. Mello-Roos ,Financing Information Financng and Facilities and Services, Mello-Roos Special Taxes _ in The following information is being provided It is anticipated that CFD No. 1990-1 will As mentioned above, CFD No. 1990-1 will to prospective homebuyers to inform you that issue bonds with a 25-year term. These issue tax exempt bonds to be repaid,and will the property you intend to purchase is located bonds are secured by all real property within provide services to be paid, by the levy of a in a Mello-Roos Community Facilities CFD No. 1990-1 and will be repaid by the Special Tax on each residential unit within District. This means that a Mello-Roos levy of a Special Tax on the property located CFD No. 1990-1. The maximum annual Special Tax lien has been placed on the within CFD No. 1990-1. This Special Tax Mello-Roos Special Tax that can be levied property you are purchasing, and that as a will be levied to pay the bonds and to provide against the property you intend to purchase is buyer of this home, you will be responsible for additional police, fire and paramedic addition to the standard level of property for paying Special Taxes which are in services within the CFD beginning in the taxes paid by property owners within the City T addition to the standard property taxes paid 1990-1991 tax year and will be collected of Huntington Beach is estimated to be ` by homeowners in other parts of the City of semiannually at the same time and in the same approximately $2,337, assuming that at least Huntington Beach. Information summarizing manner as ordinary real property taxes. The 113 homes are built within CFD No. 1990-1. the specific tax liabilities associated with this facilities and services that will be financed by If less than 113 homes are built within CFD Community Facilities District, plus the the levy of this Special Tax may include but No. 1990-1, the annual additional special tax facilities to be financed, is presented in this are not limited to those listed below: levy may be proportionately in excess of brochure. $2,337. The special taxes are to be levied each year so long as any bonds of the City Background Improvements to Ellis Avenue, for CFD No. 1990-1 are outstanding or any Goldenwest Avenue,Quarterhorse Lane, authorized services are provided within CFD A Community Facilities District (CFD No. Saddleback Lane and Edwards Street in No. 1990-1. 1990-1) has been established by the City of the vicinity of CFD No. 1990-1, and Huntington Beach pursuant to the Mello- undergrounding of utilities along one or It is expected that the special taxes will be Roos Community Facilities Act of 1982. more of such streets. levied each year indefinitely. The special This Act was passed by the California taxes will be collected on the general property Legislature in response to public funding Water and sewer system improvements tax roll, and will be due at the same time as limitations imposed by Proposition 13, in along Ellis Avenue, Quarterhorse Lane the general property taxes, currently order to provide an alternative method to and Saddleback Lane in the vicinity of December 10 and April 10 of each year. The finance the construction of essential public CFD No. 1990-1. special taxes are not subject to prepayment. facilities in a timely fashion and to provide Failure to pay special taxes when levied and funds to pay for additional municipal services Fire station improvements in the City of due may result in a foreclosure sale of the arising from growth in the community. Huntington Beach. property on which the taxes are levied, in order to pay the delinquent special taxes. X CFD may issue and sell bonds to provide Acquisition of emergency vehicle traffic LO v funds to acquire or construct public capital interruption devices for the City of facilities and may levy a special tax to pay Huntington Beach. such bonds and the cost of providing additional municipal services within the CFD. Provision of additional police and fire CD These bonds qualify for tax exempt status, protection services and paramedic thereby providing a lower interest rate than services in the area of CFD No. 1990-1. ti conventional,taxable financing methods. _ JONES HALL HILL & WHITE �a A Professional Law Corporation ATTORNEYS AT LAW Four Embarcadero Center Suite 1950 San Francisco, California 94111 TELECOPY TRANSMITTAL SHEET TO: Mr. Robert J. Franz, Admin.Svices TELECOPY #: 714- 536-4182 Mr. Louis F. Sandoval , Dir. of Public Works 714- 536-6473 CC: Mr. Robert E. El chbl att, City En i neGELECOPY #: 714 536-6473 r. an a a, r. o Finance 714-536-4182 CC: Ms. Connie Brockway, City Clerk TELECOPY *: 714- - �v�T CC: Mr. Arthur J. Folger, Deputy City AtVpLECePY #: 714-53674693 FROM: Paul J. Thimmig TELEPHONE: (415) 391-5780 AT: JONES HALL HILL & WMTE TELECOPY *: (415) 956-6308 TELECOPY #: (415) 891-5784 or TELECOPY #: (415) 391-5785 DATE: 7/3/90 TIME; 2: 15 pm NUMBER OF PAGES (including this page): 5 TRANSMITTED ON AT&T FAX 8510D AUTOMATIC (GROUP III) & ZAP COMPATIBLE RE: CFD No. 1990-1 (Goldenwest/Ellis Area) NOTES: PFAX.MLT-PJT :08I11 Z 'd" 0V:9 T 06, c0 7nr JONEs HALL HILL SC WHITE, A FR0FE99I0XAL LAW OORPORATION .ATTORNEYS AT LAW 011ARLE9 F.ADAM9 FOUR R"A$CADERO CENTER NA30OLD W.MANK' SUITR 1950 9TsrNRN a.OASALROGTO BRUCE R.COLEMAN SA.N FRAN01800, CA 04111 THOMAE A.nOWNEY (415)321-57ti0 ANDREW C.BALL,JR. HENVETH I.JONEE PAC81M LE WILLIAM H.MADISON July 3, 1990 7)"Tn J.OSTEN 14151 091•STS4 SNIAN D.QUINT 141s1 4o1-a7a8 PAUL J.TRIMMIO 14151 959•e008 BRAXON STANTON WHITE •ADMITTSD TO NSW TOSS AND D19MICT Of OOi4WWA SAM ONLY RObERT J.HILL 41928.19881 VIA TELECOPY To: Distribution RE: Disclosure Statement - City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Teleeopied herewith is an initial draft of a proposed disclosure statement that would be provided to prospective buyers of homes within the above-referenced district. The statement was derived from the Anaheim example sent out under my cover letter of May 16th. The statement is designed to be copied on both sides of one sheet of paper and folded into thirds. We will be discussing the statement and all other aspects of the transaction at the all hands meeting scheduled for 2:00 p.m. on Thursday,July 5th at the City's offices. Very truly yours, Paul J. 'g Enclosure arr=MM4 'd ot7:9T os, co -inr 41 u' 1 EC I P-30 JF�[W:PTT:+I c 05:13%90 n377 07/03.'90 CITY OF HUNTINGTON BEACH PROPOSED COMMUNITY FACILITY DISTRICT NO. 1"0-1 (Goldenwest/Ellis Area) DISTRIBUTION LIST (July 3, 1990) CITY: UNDERWRITER: CITY OF HUNTINGTON BEACH CHILTON & O'CONNOR -Mr. Robert J. Franz -Mr. Tony Wetherbee Deputy City Administrator/ 1901 Avenue of the Stars, Suite 1400 Administrative Services Los Angeles,California 90067 -Mr. Louis F. Sandoval, (213) 203-0966 Director of Public Works (213) 201-5091 [FAX] -Mr. Robert E. Eichblatt, AEngineer. Dan T. Villella, FINANCIAL CONSULTANT: Director of Finance -Ms. Connie Brockway, GRC MUNICIPAL FINANCE, INC. Cityry Clerk -Mr. Rod Gunn -Mr. Arthur J. Folger, Principal Deputy City Attorney 3010 Old Ranch Parkway, Suite 330 2000 Main Street Seal Beach,California 90740 Huntington Beach,CA 92648 (213) 598-7677 (714) 536-5236[Franz] (213) 431-5446[FAX] (714) 536-5432[Sandoval] (714)53&5431 [Ei.chbl4tt] (714)536-5228[Villella] BOND COUNSEL: (714) 536-5404[Brockway] (714) 536-5555[Folger] JONES HALL HILL & WHITE -Paul J. Thimmig, Esq. (714) 536-4182[Franz FAX] Four Embarcadero Center, Suite 1950 (714) 536-6473 [Sandoval FAX] San Francisco, CA 94111 (714)536-6473[Eichblatt FAX] (415) 391-5780 (714)536-4182[Villella FAX] (415) 391-5784[FAX] (714) 536-4693 [Brockway FAX]-, (714) 536.4693[Folger FAX] DEVELOPER: �pr THE DAHL COMPANY OJ -Mr. David Dahl -Mr. Ron McDevitt 505 Park Avenue Balboa Island, CA 92662 (714) 613-0127 (714) 723-0269 [FAX] 9-d TV:9T 06, 6a nnr C c nawledgenlga • v L the undersigned, acknowledge that I have _- C� read this disclosure and understand that a Special Tax will be collected along with regular property taxes to finance the public facilities and pay for the services as listed above. 1 recognize that the property I am -_ considering for purchase is within CFD No. 1990-1, and I understand that i will be responsible for payment of the Mello-Roos Special Tax. I understand that if I fail to pay the Special Taxes when levied and due, my �����`� home may be subject to foreclosure sale to pay the delinquent Special Taxes. I also understand that a Dopy of this brochure with SPECIAL TAX my signature will be kept on file with the City of Huntington Beach. DISCLOSURE Signed D e TO THE Signed HOMEOWNER Date THIS SUMMARY BROCHURE DOES NOT WAIVE OR ALTER ANY OF THE CONDITIONS OR PROVISIONS OF THE "NOTICE OF SPECIAL TAX LIEN' FROM THE TITLE REPORT FOR YOUR PROPERTY. FOR MORE DETAILED INFORMATION REGARDING THE SPECIAL TAXES, A PROSPECTIVE HOMEOWNER SHOULD REVIEW THE ENTIRE "NOTICE OF SPECIAL TAX LIEN" WHICH CAN ALSO BE OBTAINED BY CALLING THE CITY OF HUNTINGTION BEACH FINANCE DEPARTMENT AT (714) S36-5229. fi Mello-Roos F inascing I nfor®ation Financieg and FacMca and Sew Melia-Roos SMial Taxes • u, 'Me following information is being provided It is anticipated that CFD No. 1990-1 will As mentioned above, CFD No. 1990-1 will to prospective homebuyers to inform you that issue bonds with a 25-year term. These issue tax exempt bonds to be repaid,and will the property you intend to purchase is located bonds are secured by all real property within provide services to be paid,by the levy of a in a Mello-Roos Community Facilities CFD No. 1990-1 and will be repaid by the Special Tax on each residential unit within District_ This means that a Mello-Roos levy of a Special Tax on the property located CFD No. 1990-1. The maximum annual Special Tax lien has been placed on the within CFD No. 1990-1. This Special Tax Mello-Roos Special Tax that can be levied property you are purchasing, and that as a will be levied to pay the bonds and to provide against the property you intend to purchase a buyer of dais home, you will be responsible for additional police, fire: and paramedic addition to the standard level of property for paying Special Taxes which are in services within the CFD beginning in the taxes paid by property owners within the City addition to the standard property taxes paid 1990-1991 tax year and will be collected of Huntington Beach is estimated to be by homeowners in other parts of the City of semiannually at the same time and in the same approximately $2,337,assuming that at least Huntington Beach. information summarizing manner as ordinary meal property taxes. The 113 homes are built within CFD No: 1990-1. the specific tax liabilities associated with this facilities and services that will be financed by If less than 113 homes are built within CFD Community Facilities District, plus the the levy of this Special Tax may include but No. 1990-1, the annual additional special tax facilities to be financed, is presented in this are not limited to those listed below: levy may be proportionately in excess of brochure_ $2,337. The special taxes are to be levied each year so long as any bonds of the City Backgr � • Improvements to Ellis Avenue, for CFD No. 1990-1 are outstanding or any Goldenwest Avenue,Quaiterhorse Lane, authorized services are provided within CFD A Community Facilities District (CFD No. Saddleback Lane and Edwards Street in No. 1990-1. 1990-1) has been established by the City of the vicinity of CFD No. 1990-1. and Huntington Beach pursuant to the Mello- undergrounding of utilities along one or It is expected that the special taxes will be Roos Community Facilities Act of 1982. more of such streets. levied each year indefinitely. The special This Act was passed by the California taxes will be collected on the general property Legislature in response to public funding • Water and sewer system improvements tax roll, and will be due at the same time as limitations imposed by Proposition 13, in along Ellis Avenue, Quarterhorse Lane the general property taxes, currently order to provide an alternative method to and Saddleback Lane in the vicinity of December 10 and April 10 of each year. The finance the construction of essential public CFD No. 199D-1. special taxes are not subject to prepayment. facilities in a timely fashion and to provide Failure to pay special taxes when levied and fiords to pay for additional municipal services • Fire station improvements in the City of due may result in a foreclosure sale of the arising from growth in the community. Huntingwn Bach. property on which the taxes are levied, in order to pay the delinquent special taxes. A CFD may issue and sell bonds to provide • Acquisition of emergency vehicle traffic funds w acquire or construct public capital interruption devices for the City of facilities and may levy a special tax to pay Huntington Beach. m such bonds and the cost of providing additional municipal services within the CFD. • Provision of additional police and fire These bonds qualify for tax exempt status, protection services and paramedic J thereby providing a lower interest rate than. services in the area of CFD No. 1990-1. ti conventional,taxable financing methods. PUB", ,,NOTICE SUB ICIC NOTICE ICE PUBLIC NOTICE PUBL4 NOTICE RESOLUTION NO. 61t;Z o A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT j Community Facilities District No. 1990-1 I _ (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows: WHEREAS, on May 7, 1990, the City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982"(the"Resolution of Intention")stating its intention to form Community Facilities District No. 1990-1(Goldenwest/Ellis Area)(the"District"),of the City pursuant to the Mello-Roos Community Facilities Act of 1982,as amended(the"Act")and a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No. 1990-1(Goldenwest/Ellis Area)Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention, and on this date, this City Council held a noticed public hearing as required by the Act and at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District,the provision of said facilities(the"Facilities")and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held,and subsequent to said hearing this City Council adopted a resolution entitled "A Resolution Of Formation Of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing The Levy Ot A Special Tax Within The District, Preliminarily Establishing An Appropria- tions Limit For The District And Submitting Levy Of The Special Tax And the Establishment of The Appropriations Limit To The Qualified Electors Of The District"(the"Resolution of Formation")and on this date,this City Council also held a noticed public hearing as required by the Act relating to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness and no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW,THEREFORE, IT IS HEREBY ORDERED as follows: SECTION 1.The foregoing recitals are true and correct. SECTION 2. It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of$2,500,000.00 within the boundaries of the District. SECTION 3.The indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the initial costs of the City in administering the District. SECTION 4.The whole of the Distrtict shall pay for the bonded indebtedness through the levy of the special tax.The tax is to be apportioned in accordance with the formula set forth in Exhibit"B" to the Resolution of Formation. SECTION 5.The maximum amount of bonded indebtedness to be incurred is$2,500,000.00 and the maximum term of the bonds to be issued shall in no event exceed forty(40)years. SECTION 6.The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds,payable semiannually or in such other manner as this City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determiend by this City Council or its designee at the time or times of sale of said bonds. SECTION 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5 of the Act.The time, place and conditions of said election shall be as specified by separate resolution of this City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at adjourned regular meeting thereof held on the 25 day of June, 1990. THOMAS J.MAYS MAYOR I Connie Brockway City Clerk i STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH) 1,CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-of ficio 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 a least a majority of'all the members of said City Council at a regular adjourned meeting thereof held on the 25th day or June, 1990, by the following vote: AYES:Councilmembers: MacAllister, Mays,Bannister,Silva,Erskine NOES:Councilmembers: Winchell ABSENT:Councilmembers: Green Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California Published Orange Coast Daily Pilot July 1, 1990 Su459 RESOLUTION NO. 6163 A RESOLUTION CALLING SPECIAL ELECTION \ Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows: l WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of Formation of Community Facilities District No. 1990-1(Goldenwest/Ellis Area),Authorizing the Levy of a Special Tax Within the District,Preliminarily Establishing an Appropriations I imit for the District ' THOMAS J.MAYS MAYOR CONNIE BROCKWAY City Clerk EXHIBIT A CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach, California, 92648. To vote, "mark a cross (X) on the voting line 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. BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate Yes: principal amount of $2,500,000.00, with interest at a rate or rates not to exceed No: the maximum interest rate permitted by law at, the time of sale of such bonds on behalf of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the.costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $750,000.00? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owner: By: Its 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,an i ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of member of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passe and adopted by the affirmative vote of a least a majority of all the members of said City Council at regular adjourned meeting thereof held on the 25th day of June, 1990, by the following vote: AYES:Councilmembers: MacAllister, Mays, Bannister,Silva, Erskine NOES:Councilmembers: Winchell ABSENT:Councilmembers: Green Connie Brockway ' City Clerk and ex-officlo Clerl I of the City Council of the City of Huntington Beach,Californi fished Orange Coast Daily Pilot July 1, 1990 Su4f t,PUBLWOTICE f F�BLIC NOTICE PUBLIC NOTICE I PUBL.tC;NOTICE and Submitting Levy of,thip ial Tax and the stablishmen",o6-t' Appropriations Limit to the Qualified Electors of the Distrt" (the "Resolution of FoOtion ordering the formation of Community Facilities District No. 1990-1(Goldenwest/Ellis area)(the"District"),authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District,and a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)and Submit- ting Proposition to the Qualified electors of the District"(the"Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of$2,500,000.00 upon the security of said special tax to be levied within the District; and pursuant to the provisions of-said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982,as amended(the"Act"). NOW,THEREFORE, IT IS HEREBY ORDERED as follows: SECTION 1.Pursuant to Sections 53326,53353.5 and 53325.7 of the Act,the issues of the levy of said special tax,the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. SECTION 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. SECTION 3.This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety(90)days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings.Accordingly,and pursuant to Section 53326 of the Act,this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. SECTION 4.This City Council hereby calls a special election to consider the measure described in paragraph 2 above,which election shall be held on July 2, 1990,in the City Council Chambers.The City Clerk is hereby designated as the official to conduct said election.It is hereby acknowledged that the City Clerk has on file the Resolution of Formation,a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk prior to 7:30 p.m.on July 2, 1990;and when all of the qualified electors have voted the election shall be closed. SECTION 5. Pursuant to Section 53327 of the Act,the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs(a),(b),(c)(1),and(c)(3)of said Section 1340 are applicable to this special election. SECTION 6. The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot.The envelope to be used to return the ballots shall be enclosed with the ballot, have the return postage prepaid,and contain the following: (a)the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c)the printed name,signature and address of the voter, (d)the date of signing and place of execution of the declaration pursuant to clause(b)above,and (e)a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. SECTION 7. The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers on and prior to 7:30 p.m.on July 2, 1990,whether said ballots be personally delivered or received by mail.The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. SECTION 8.This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District.There is on file with the City Clerk a written petition executed by the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings.This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness,as soon as practicable after the date of adoption of this Resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at adjourned regular meeting thereof held on the 25th day of June, 1990. Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, Caldomia, Number A-6214, September 29, 1961, and A-24831 June 11, 1963 STATE OF CALIFORNIA 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 ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: July 1, 1990 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 1, 1 99 0 at Costa Mesa, California. Signature PROOF OF PUBLICATION gwquo n� ul� iu j . PUBLIC NOTICE I PUBLIC NOTICE ', PUBLIC"NO11Ck _ �y ORDINANCE NO.3050 tH. r r� AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO.1990-1(GOLDENWEST/ELLIS AREA) Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) WHEREAS, on May 7, 1990, this City Council adopted a resolution entitled "A Resolution of Intention to Establish Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" stating its Intention to establish Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)(the "District") pursuant to the. Mello-Roos Community Facilities Act of 1982,as amended(the"Act'),to finance certain facilities (the "Facilities")and to pay the costs of providing certain services(the "Services"), and this City Council has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and subsequent to said hearing,-this City Council adopted resolutions entitled "A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District"(the"Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1990-1(Goldenwest/Ellis Area)and Submitting Proposition to the Qualified Electors of the District'and Submitting Proposition to the Qualified Electors of the District' and "A Resolution Calling Special Election,"which resolutions established the district, authorized the levy of a special tax with the District,and called an election within the District on the proposition of incurring indebtedness,levying a special tax,and establishing an appropriations limit within the District, respectively; and an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDAINS as follows: SECTION 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340,at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution of Formation is by this reference incorporated herein.The special taxes are hereby levied commencing in the fiscal year 1991-1992 and in each fiscal year thereafter until the later of (i) payment in full of any bonds of the City issued for the District (the"Bonds") and all cost of administering the District of(11)a determination by the City Council that there is no further need for the District to contribute to the payment of the costs of the Services. SECTION 2.The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District,in the manner and as provided in the Resolution of Formation. SECTION 3.Properties or entities of the State,federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. SECTION 4.All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including,but not limited to,the payment of principal and interest on the Bonds,the replenishment of the reserve fund for the Bonds,the payment of the costs of the City in providing the Services and in administering the District,and the costs of collecting and administering the special tax. SECTION 5.The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority,and.be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the. provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments.The Finance . Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Orange in order to effect proper billing and collection of the special tax,so that the special tax shall be included on the secured property tax roll of the County of Orange for fiscal year 1991-1992 and for each fiscal year thereafter until the Bonds are paid in full. SECTION 6.If for any reason any portion of this ordinance is found to'be Invalid,or if the special :ax is found inapplicable to any particular parcel within the District, by a Court of competent urisdiction, the balance of this ordinance and the application of the special tax to the remaining )arcels within the District shall not be affected. SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be wblished within fifteen(15)days after its passage at lease once in a newpaper of general circulation )ublished and circulated in the City. SECTION 8.This Ordinance shall take effect 30 days from the date of final passage. ASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held ori'the 16th day of July, 1990. Thomas J.Mays Mayor ITATE OF CALIFORNIA :OUNTY OF ORANGE ,ITY OF HUNTINGTON BEACH 1,CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach and x-officio Clerk of the City Council of the said City do hereby certify that the whole number of iembers of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance ras read to said City Council at a regular meeting thereof held on the 2nd day of July, 1990,and was gain read to said City Council at a regular meeting thereof held on the 16th day of July, 1990,and ,as passed and adopted by the affirmative vote of at least a majority of all the members of said City ouncil. YES:Councilmembers: MacAllister,Winchell,Green, Mays,Silva OES:Councilmembers:None BSENT:Councilmembers: Bannister, Erskine out of room. onnle Brockway Ity Clerk and ex-officion Clerk f the City Council of the City i Huntington Beach,California iblished Orange Coast Daily Pilot July 24, 1990 t064 • �,. .:�' 'ram ,.r,:. . f Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, Calibmia, Number A-6214, September 29, 1961, and A-24831 June 11, 1963 STATE OF CALIFORNIA 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 ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: July 24, 1990 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 24, , 1 99 0 at Costa Mesa, California. A0A&>, j�L."Q-A Signature PROOF OF PUBLICATION r PUBLIC NOTICE PUBLIC NOTICE _ PUBLIC NOTICE ! PUBLIC NOTICE —~ t NOTICE OF ! NOTICE OF PUBLIC HEARING t PUBLIC HEARING I �� CITY OF CITY OF HUNTiNGTON BEACH HUNTINGTON BEACH (community a Community Facilities District No.1990-1 i Facilities (Goldenwest/Ellis Area) f District f N 1990-1 Notice is hereby given that on May 7, 1990,the City Council of the City of I (Goldeo.nwest/Ellis 3/ IqU Huntington Beach adopted Resolution No. 6142 entitled "A Resolution Of , Area) Intention To Establish A Community Facilities District And to Authorize The Notice is hereby given that I Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act i on May 7, 1990, the City fL✓ Of 1982."Pursuant to the Mello-Roos Community Facilities Act of 1982(The I Council of the City of HuntJ -7j1+ L "ACT")the City Council hereby gives notice as follows: ington Beach adopted Res- p/t olution No.6143 entitled"A Resolution Intention Tor A.The text of said Resolution of Intention is as follows: Incur Bonded Indebtedness' of the Proposed Communityl WHEREAS,The City Council of the City of Huntington Beach has adopted Facilities District No. 1990-1 a resolution entitled "A Resolution Of The City Council Of The City Of (Goldenwest/Ellis P,rea)Of� Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Pursuant ty The Mello-Roos ' CommunityFacilities District, Directing Initiation Of Proceedings Under The Community Facilities Act he g 9 1982." Pursuant to She, Mello-Roos Community Facilities Act Of 1982,And Approving An Agreement r Mello-Roos Community Fa- Regarding Advances And Employing Consultants in Connection Therewith," r cilities Act of 1982 (the wherein it expressed its desire to undertake proceedings pursuant to the "ACT") the City Council Mello—Roos Community Facilities Act of 1982,as amended(the"ACT"),to hereby gives notice as foi- form a community facilities district; and the City Council of the City of (lows: Huntington Beach now intends to commence formal proceedings under and A.The text of said Resol- pursuant to the ACT to form a communityfacilities district as provided below, rution is as follows: l P WHEREAS,the City Coun- cil of the City of Huntington; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON Beach has this date adopted BEACH DOES HEREBY RESOLVE AS FOLLOWS: its Resolution entitled "Ai Resolution of intention to 1. The City Council proposes to conduct proceedings to establish a Establish a Community Fa-; community facilities district pursuant to the ACT. � cilities District and To 2. The name proposed for the communityfacilities district is community Authorize the Levy of; 'Special Taxes Pursuant to facilities District No. 1990-1(Goldenwest/Ellis Area)(the"District"). ;the Mello-Roos Community i 3.The proposed boundaries of the DISTRICT are as shown on the map of I (Facilities Act of 1982,"stat- the DISTRICT on file with the City Clerk, which boundaries are hereby ling Its intention to form-ail preliminarily approved and to which map reference is hereby made for further community facilities district i{ particulars. The City Clerk is hereby directed to record, or cause to be ppursuant to the Mello-Roos 1 recorded, said map of the boundaries of the DISTRICT in the office of the Community Facilities Act of County Recorder within fifteen days of the date of adoption of this Resolution. 1982, as amended (the 'ACT"},Chapter 2.5 of Part 4.The type of public facilties and services proposed to be financed by the I 1 of Division 2 of Title 5 of DISTRICT and pursuant to the ACT shall consist of those items listed as l the California Government facilties on Exhibit"A"hereto and by this reference incorporated herein(the ' Code, for the purpose of "FACILITIES"), and those items listed as services on Exhibit "A" (The ' financing the acquisition "SERVICES"),respectively. and/or construction of cer- 5.Except to the extent that funds are otherwise available to the DISTRICT tain public improvements to a for the FACILITIES,the SERVICES and/or the principal and interest as (the "FACILITIES") set and pay P P providing certain services, it becomes due on bonds of the DISTRICT issued to finance the FACILITIES, as further provided ii said i' a special tax sufficient to pay the cost thereof,secured by recordation of a Resolution;and continuing lien against all non-exempt real property in the DISTRICT, is The City Council esti-I intended to be levied annually within the DISTRICT,and collected in the same mated the amount required manner as ordinary ad valorem property taxes. The proposed rate and for the financing of the ac- method of apportionment of the special tax among the parcels of real quisition and/or construc- tion ropert within the DISTRICT, in sufficient detail to allow each landowner a of the FACILITIES be p• y the sum of $2,500,000.00:, within the proposed DISTRICT to estimate the maximum amount such owner and will have to pay, are described in Exhibit "B" attached hereto and by this I In order to finance said reference incorporated herein. ;FACILITIES it is necessarytol ' 6.It is the intention of the City Council acting as the legislative body for the ' incur bonded indebtedness. ' 'DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant in the amount of. 'to the ACTT to rnance in wnote-or in-part-the acquisition of the,FACILITIES. :$3,5004000.00. Said bonds shall be in the aggregate principal amount of not to exceed NOW,COUNCIL THEREFORE,THE( $3,500,000.00, shall bear interest payable semi-annual) or in such other i CITY COUNCIL OF'THE P Y Y CITY OF HUNTINGTONi manner as the City Council shall determine, at a rate not to exceed the BEACH HEREBY RE- maximum rate of interest as may be authorized by applicable law at the time SOLVES AS FOLLOWS: of sale of such bonds,and shall mature not to exceed 40 years from the date 1.It is necessary to incur of the issuance thereof. bonded indebtedness within. 7.The levy of said proposed special tax shall be subject to the approval of the boundaries of the! the qualified electors of the DISTRICT at a special election. The proposed proposed Community 990Fac--' 4 P P P ties District No., 1990-1 voting procedure shall be by mailed or hand-delivered ballot among the ! (Goldenwest/Ellis Area)(the landowners in said proposed DISTRICT,with each owner having one vote for ' "DISTRICT")in the amount each acre or portion of an acre such owner owns in the DISTRICT. of$3,500,000.00 to finance 8. Except as may otherwise be provided by law, all lands owned by any the costs of the FACILITIES. pubic entity, including the United States, the State of California and/or the ' 2. The bonded indebted- City, or any departments or political subdivisions thereof, shall be omitted r Cuss is proposed to be in- from the le of the special tax to be made to cover the costs and expenses curved for the purpose of levy P P financing the costs of the, of the FACILITIES. In the event that a Portion of the property within the FACILITIES, including ac-' DISTRICT shall become for any reason exempt,wholly or in part, from the quisition and improvements levy of the special tax described in Exhibit"B,"the City Council will,on behalf 'costs and all costs incidental of the DISTRICT, increase the levy to the extent necessary upon the to or connected with the ac- remaining property within the DISTRICT which is not exempt in order to yield complishmeni of said the required debt service payments and other annual expenses of the purposes and of the financ- DISTRICT,if any,subject to an maximums special tax that may be levied. ing thereof,as permitted by Y 1 Y P Y ,Section 53345.3 of the ACT. 9.The Director of Public Works of the City,as the officer having charge and ! 3.The City Council,acting 1 control of the FACILITIES and the SERVICES in and for the DISTRICT,or his 'as legislative body for the I designee, is hereby directed to study said proposed FACILITIES and DISTRICT, intends 10 SERVICES and to make,or cause to be made,and file with the City Clerk a authorize the issuance and report in writing,presenting the following: sale of bonds in the maxi- (a)A description of the FACILITIES and SERVICES by type which will be mum aggregate principal I amount of not to exceed required to adequately meet the needs of the DISTRICT. $3,500,000.00, bearing (b)An estimate of the fair and reasonable cost of financing the FACILITIES interest payable semi-an- and providing the Service,including the cost of acquisition of lands,rights-of- nually or in such other man- ' way and easements, any physical FACILITIES required in conjunction ner as this City Council shall, therewith and incidental expenses in connection with said financing, includ- determine, at a rate not to -!ng the costs of the proposed bond financing and all other related costs as exceed the maximum rate ofl 'p ovided in Section 53345.3 of the ACT. interest as may ber Said report shall be made a art of the record of the public hearing authorized by applicable law- Said P 9 . at the time of sale of such, provided for below, bonds, and maturing not to , 10.The City Council,as legislative body for the DISTRICT,will conduct a , exceed 40 years from the public hearing on the establishment of the DISTRICT and consider and finally date of the issuance of said, determine whether the public interest,convenience and necessity require the bonds. -formation of the DISTRICT and the levy of said special tax. Said public 4. The City Ccuncil, as. hearingshall be held on Monday, June 18, 1990, at 7:00 legislative body for the DIS-' y p.m., in the City TRICT,will conduct a public Council Chambers,City Hall,2000 Main Street,Huntington Beach,California. hearing on the proposed' 11.The City Clerk is hereby directed to cause notice of said public hearing debt issue and consider and to be given by publication onetime in a newspaper publishd in the area of the finally determine whether DISTRICT.The publication of said notice shall be completed at least seven the.public interest, conve- days before the date herein set for said hearing. Said notice shall be i nience and necessity require -substantially in the form of Exhibit"C" hereto. the issuance of bonds of the B. The time and place established under said Resolution for the public i oubhchearin shall be heard Cityfor the DISTRICT.Said ' tearing required under the ACT are Monday,June 18, 1990 at 7:00 p.m.,in ' ..the City Council Chambers,City Hall,2000 Main Street,Huntington Beach, on Monday. June 18, 1990,1 California. at 7:00 p.m., in the City { C.At said hearing,the testimony of all interested persons or taxpayers for Council chambers,City Hall, against the establishment of the DISTRICT,the extent of the DISTRICT or ingt Main Street, Hunt- or a 9 rnglon Beach,California.- , the furnishing of the specified types of FACILITIES will be heard.Any person 5.The City Clerk Is hereby: interested may file a protest in writing as provided in Section 53323 of the • directed to cause notice of! 'ACT. If the owners of one-half or more of the area of land in the territory said public hearing to be, proposed to be included in the DISTRICT file written protests against the given by publication one establishment of the DISTRICT and the protests are not withdrawn to reduce time in any newspaper of, general circulation the value of the protests to less than a majority,the City Council shall take no I circulated within the DIS-: further action to establish the DISTRICT for a period of one year from the date TRICT. The publication of � of said hearing,and if the majority protests of the landowners are only against said notice shall be com- the furnishing of a type or types of FACILITIES within the DISTRICT, or •-• - - l plated at least seven(7)days against levying a specified special tax, those types of FACILITIES or the before the date herein set specific special tax will be eliminated from the proceedings to form the for said public hearing.Said DISTRICT. notice shall substantially in voting the form of Exhibit"A"here- D. The proposed g procedure shall be by special mail or hand- to. delivered ballot to the property owners within the territory proposed to be B',The hearing referred to included in the DISTRICT. j in the aforesaid Resolution shall be at the time and Dated: MAY 9, 1990 place specified in said Res- olution. Connie Brockway,City Clerk,City of Huntington Beach I C.At that time and place any person interested, in- icluding persons owning Published Orange Coast Daily Pilot May 17, 1990 th40 )properly in the area of the proposed community facili- ties district, will be heard upon the proposed debt issue. Dated:May 9, 1990 Connie Brockway, City 1 Clerk, city of Huntington Beach Published Orange Coast Daily Pilot May 17,1990 � Th4041 ,r r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Robert Franz From Connie Brockway Deputy City Admistrative/ City Clerk Administrative Services Subject MELLO ROOS TAX 2% INCREASE ELIMINATED Date July 18, 1990 BY THE CITY COUNCIL At the June 25, 1990, meeting the Council eliminated the 2% increase and on June 27, 1990 the Bond Counsel sent the new page to be inserted. However, it still references 2%. Would you check with Bond Counsel to see if they sent the correct insert? I've attached the minutes and the new pages sent by Bond Counsel. CB:pm CC: City Administrator Attachments: Minutes Faxed Revised Insert June 27, 1990 VIA FAX Connie Brockway City Clerk City of Huntington Beach 2000 NIain Street Huntington Beach, CA 92648 Re: City of Huntington Beach Community Facilities District BNo. 1990-1 (GoldenwesUEllis Area) Dear Connie: Enclosed please find Exhibit B to the Resolution of Formation on the above- referenced bond issue which was approved by the City Council on Monday night, June 25, 1990, pursuant to the request of Paul.Thimmig. If you should have any questions, please do not hesitate to contact me. Sincerely, Rod Gunn kol+ C:1\\ 3010 OLD RANCH PKY! SUITE 330 5.i.•,..i (fur\\ �.1 SEAL 81:n C1i, CA Yv:1i ??SU IJ\ 11.3­131•544(. CITY OF HUNTINGTON REACH COMMUNITY FACHATIES Dis,rRfC'f NO. 1990-1 (Goidenwest/Ellis Area) ATTACHMENT 1 Fiscal Year i aXimum End June 30 Special'I'ax 1991 $264,000 1992 269,280 1993 274,666 1994 280.159 1995 285,762 1996 291,477 1991 297,307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328,251 2003 334,816 2004 341,512 2005 348,342 2006 355,309 2007 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,Z90 20t2 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2018 450,618 2019 459,630 2020 468,823 2021 and Previous Fiscal Year Thereafter Increased by 2% 3 EXHIBIT A CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2,• 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach, California, 92648. To vote, mark a cross (X) on the voting line 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. BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate Yes: principal amount of $2,500,000.00, with interest at a rate or rates not to exceed No: the maximum interest rate permitted by law at- the time of sale of such bonds on behalf of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District") , the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the.costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $750,000.00? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owner: By: Its: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGT.ON 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 a least a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 25th day of June, 1990, by the following vote: AYES:Councilmembers: MacAllister, Mays, Bannister,Silva, Erskine NOES:Councilmembers: Winchell ABSENT:Councilmembers: Green Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California Published Orange Coast Daily Pilot July 1, 1990 Su460 PUBL� NOTICE _I PUBLIC NOTICE PUBLIC NOTICE I { PUBL1� NOTICE and Submitting Levy of the Special Tax and the LIbliShIllt of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation of Community Facilities District No. 1990-1(Goldenwest/Ellis area)(the"District"),authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District,and a resolution entitled "A Resolution Determining the Necessity to Incur Bonded. Indebtedness Within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)and Submit- ting Proposition to the Qualified electors of the District"(the"Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of$2,500,000.00 upon the security of said special tax to be levied within the District; and pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the . establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982,as amended(the"Act'). NOW,THEREFORE, IT IS HEREBY ORDERED as follows: SECTION 1.Pursuant to Sections 53326,53353.5 and 53325.7 of the Act,the issues of the levy of said special tax,the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. SECTION 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. SECTION 3.This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety(90)days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings.Accordingly,and pursuant to Section 53326 of the Act,this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives,each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. SECTION 4.This City Council hereby calls a special election to consider the measure described in paragraph 2 above,which election shall be held on July 2, 1990,in the City Council Chambers.The City Clerk is hereby designated as the official to conduct said election.It is hereby acknowledged that the City Clerk has on file the Resolution of Formation,a certified map of the proposed boundaries of the District,and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk prior to 7:30 p.m.on July 2, 1990;and when all of the qualified electors have voted the election shall be closed. SECTION 5. Pursuant to Section 53327 of the Act,the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs(a),(b),(c)(1),and(c)(3)of said Section 1340 are applicable to this special election. SECTION 6. The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit"A"hereto. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot.The envelope to be used to return the ballots shall be enclosed with the ballot, have the return postage prepaid,and contain the following: (a)the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c)the printed name,signature and address of the voter, (d)the date of signing and place of execution of the declaration pursuant to clause(b)above,and (e)a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. SECTION 7. The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers on and prior to 7:30 p.m.on July 2, 1990,whether said ballots be personally delivered or received_by mail.The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. SECTION 8.This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District.There is on file with the City Clerk a written petition executed by the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings.This City Council also finds and determines that the City Clerk has I concurred in the shortened time for the election. SECTION 9. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness,as soon as practicable after the date of adoption of this Resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at adjourned regular meeting thereof held on the 25th day of June, 1990. THOMAS J.MAYS MAYOR Y 1 PUBKC NOTICE I PUBLIC NOTICE I PUBLIC NOTICE I ;kPUBLj NOTICE RESOLUTION NO. 6162 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No. 1990-1 . (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows: WHEREAS, on May 7, 1990, the City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982"(the"Resolution of Intention")stating its intention to form Community Facilities District No. 1990-1(Goldenwest/Ellis Area)(the"District"),of the City pursuant to the Mello-Roos Community Facilities Act of 1982,as amended(the"Act")and a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention, and on this date, this City Council held a noticed public hearing as required by the Act and at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District,the provision of said facilities(the"Facilities")and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held,and subsequent to said hearing this City Council adopted a resolution entitled"A Resolution Of Formation Of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropria- tions Limit For The District And Submitting Levy Of The Special Tax And the Establishment of The Appropriations Limit To The Qualified Electors Of The District"(the"Resolution of Formation")and on this date,this City Council also held a noticed public hearing as required by the Act relating to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness and no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW,THEREFORE, IT IS HEREBY ORDERED as follows: SECTION 1.The foregoing recitals are true and correct. SECTION 2. It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of$2,500,000.00 within the boundaries of the District. SECTION 3.The indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the initial costs of the City in administering the District. SECTION 4.The whole of the Distrtict shall pay for the bonded indebtedness through the levy of the special tax.The tax is to be apportioned in accordance with the formula set forth in Exhibit"B" to the Resolution of Formation. SECTION 5.The maximum amount of bonded indebtedness to be incurred is$2,500,000.00 and the maximum term of the bonds to be issued shall in no event exceed forty(40)years. SECTION 6.The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds,payable semiannually or in such other manner as this City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determiend by this City Council or its designee at the time or times of sale of said bonds. SECTION 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5 of the Act.The time, place and conditions of said election shall be as specified by separate resolution of this City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at adjourned regular meeting thereof held on the 25 day of June, 1990. THOMAS J.MAYS MAYOR Connie Brockway City Clerk 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 a least a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 25th day of June, 1990, by the following vote: AYES:Councilmembers: MacAllister, Mays, Bannister,Silva, Erskine NOES:Councilmembers: Winchell ABSENT:Councilmembers: Green Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California Published Orange Coast Daily Pilot July 1, 1990 Su459 RESOLUTION NO. 6163 A RESOLUTION CALLING SPECIAL ELECTION Community Facilities Dlstrict.No. 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows: WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution o Formation of Community Facilities District No. 1990=13(Goldenwest/Ellis Area),Authorizing the Lev) of a Special Tax Within the District,Preliminarily Establishing an Appropriations Limit for the Distric R. Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, September 29, 1961, and A-24W1 June 11, 1963 STATE OF CALIFORNIA 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 ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, 'Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: July 1, 1990 I declare, under penalty of perjury, that the foregoing is true and correct. . Executed on July 1, , 1 99 0 at Costa Mesa, California. Signature PROOF OF PUBLICATION JONES HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHARLES F.ADAMS FOUR EMBARCADERO CENTER HAROLD W.BANK" SUITE 1950 STEPHEN R.CASALEGGIO BRUCE B.COLEMAN e SAN FRANCISCO CA 94111 LE THOMAS A.DOWNEY (415) 391-5780 ANDREW C.HALL,JR. June 2H, 1990 KENNETH I.JONES FACSIMILE WILLIAM H.MADISON DAVID J.OSTER (415)391-5784 BRIAN D.QUINT (4151 391-5785 PAUL J.THIMMIG 14161 956-6308 SHARON STANTON WHITE •ADMITTED TO NEW YORK AND DISTRICT OF COLUMBIA BARS ONLY ROBERT J.HILL(1922-1988) VIA FEDERAL EXPRESS David Dahl The Dahl Company 505 Park Avenue Balboa Island,CA 92662 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Ballots for July 2, 1990 Special Tax Election,City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Elhs Area) Dear David and Connie, Enclosed with the copy of this cover letter to each of you are the ballots and return envelopes for the above-referenced special tax election. David is hereby requested to have the property owners execute their respective ballots, insert the executed ballot in the accompanying return envelope, and then have the property owner execute and date the respective return envelopes. The executed ballots and return envelopes should then be returned to Connie at or before the July 2nd City Council meeting. Connie should hold the set of ballots and return envelopes included with this cover letter to her,to be available prior to and at the July 2nd City Council meeting in case a property owner loses or defaces one of the ballots sent to David. Also enclosed with the copy of this cover letter to Connie is a copy of the official canvass for the election which should be completed by Connie on Monday night at 7:30, or earlier if she has received all of the ballots for the election. The completed canvass should be signed by Connie and attached as Exhibit A to the resolution declaring the results of the election to be adopted Monday night. J• I David Dahl Connie Brockway June 28, 1990 Page 2 After Monday night, Connie needs to send me copies of all of the executed ballots and return envelopes. The second reading of the ordinance needs to occur at the next City Council meeting, and Connie should then publish the ordinance in the same manner as any other City ordinance. Please order two proofs of publication of the ordinance, one for the City's files and one to be sent to me for my files. Finally,I will send Connie under separate cover a Notice of Special Tax Lien that must be .recorded. I will provide Connie with instructions as to its recordation. If you have any questions with respect to any of the foregoing, please give me a call. David should be sure to call me Monday morning if for any reason he will not be able to obtain signatures on all of the ballots and return envelopes. Very truly yours, Paul J.Thimmig cc: Bob Franz (without enclosures) Enclosures PJ r-.wJJ8036 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)(the"District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-200-015 110-200-016 Number of Votes: 10 Property Owner: Southwest Diversified/Coscan Partners, a California General Partnership By: Its: Address: 18400 Vonkerman, Suite 400 Irvine, CA 92715 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990,either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)(the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and. the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct.of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 159-391-02 159-391-03 159-391-04 Number of Votes: 5 Property Owner: Central Park#12, A California Limited Partnership By: Its: Address: 505 Park Ave. Balboa Island, CA 92662 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach,California,92648. To vote, mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest -upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-200-10 110-200-11 Number of Votes: 5 Property Owner: Central Park#15, A California Limited Partnership By: Its: Address: 505 Park Ave. Balboa Island, CA 92662 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California, 92648. To vote,mark a cross (X)on the voting line 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. = BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-200-05 110-200-04 Number of Votes: 8 Property Owner: Emil Walter Plegel and Ruby Lucille Plegel,Trustees By: Its: Address: 7071 Thomas Street Buena Park, CA 90621 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) . OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person.. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal an d interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000?- By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-210-01 Number of Votes: 4 Property Owner: William Landis By: Its: Address: 1900 Avenue of the Stars, Suite 1060 Los Angeles, CA 90067 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990,either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California, 92648. To vote,mark a cross M on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 159-391-01 Number of Votes: 5 Property Owner: "Central Park#8, A California Limited Partnership By: Its: Address: 505 Park Ave. Balboa Island, CA 92662 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach, California, 92648. To vote,mark a cross (X) on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Assessor's Parcel Number: 110-200-23 Number of Votes: 3 Property Owner: Central Park#13, a California Limited Partnership By: Its: Address: 505 Park Ave. Balboa Island,CA 92662 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach;California,92648. To vote,mark a cross (X) on the voting line 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. BALLOT MEASURE:IShall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community .Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the 'District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a.special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-210-02 110-210-04 Number of Votes: 2 Property Owner: Central Park#17, a`California Limited Partnership By: Its: Address: 505 Park Ave. Balboa Island,CA 92662 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California, 92648. To vote,mark a cross M on the voting line 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. BALLOT MEASURE:Shall the City -of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-200-05 110-200-04 Number of Votes: 8 Property Owner: Emil Walter Plegel and Ruby Lucille gel,Trustees By: Its: Address: 7071 Thomas Street Buena Park, CA 90621 +1 1 O _� Land Owner and Voter: Emil Walter Plegel and Ruby Lucille Plegel, Trustees 7071 Thomas Street Buena Park, CA 90621 FIRST CLASS MAIL I To: CITY CLERK CITY OF HUNTIENGTO'N BEACH 2000 MAIN ST ET HUNTINGTON BJEACH, CA 92648 "�= „Ct 1 i . i I hereby declare under penalty of perjury that the voter listed on the enclosed ballot is the owner of record or the authorized representative of the land I owner entitled to vote said ballot. ! i Executed on Attention., This envelope contains an official 1990, ballot and is to be opened only by the canvassing 1 alifornia. board with respect to the City of Huntington Beach Community Facilities District No. 1990-1 By: d 2lli 19 0ea) special election to be held on July Its: i ' 1 1 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: X Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-200-015 110-200-016 Number of Votes: 10 Property Owner: Southwest Diversified/Coscan Partners, a California General Partnership By: Its:al�a .W* -�'.�05�Za 4 4 Address: 18400 Vonkerman, Suite 400 Irvine, CA 92715 a U1G'till.S.POSTA�E�%- JUil 1 7 19 J ' B 0.4 5 1 ! CMrTER ,t Land Owner and Voter: Southwest Diversified/ Coscan Partners, A California General Partnership 18400 Von Karman Suite 400 CFIRST CLASS MAIL Irvine, CA 92715 " TO: CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 - LAD r m i 1 hereby declare under penalty of perjury that the i voter listed on the enclosed ballot is the owner of record or the authorized representative of the land owner entitled to vote said ballot. Executed on O Attention: This envelope contains an official 1990, _ t s ballot and is to be opened only by the canvassing . California. board with respect to the City of Huntington Beach Community Facilities District No. 1990-1 (GoldenwesVEllis Area) special election to be By: . held on July 2, 1990. Its:AL A& A6i&-- --- --A& A6,& 1 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goidenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office'of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach, California, 92648. To vote, mark a cross (X) on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Assessor's Parcel Number: 110-200-23 Number of Votes: 3 Property Owner: Central Par a Califo a Limi P rship�----)-,, By: Its: r v Y Address: 505 Park Ave. Balboa Island, CA 92662 t tr: _r°t� U'L�'U.L.FCSTA;3c1�A = � A Ju1 i c 7 '9� rii��— 0.45 C rat E T R Land Owner and Voter: Central Park ,#9 - - a California Limited Partnership - I - - - - ----- - -- -------- ----- --- -505 is Par Ave. Balboa Island, CA 92662 FIRST CLASS MAIL, -� -- TO: CITY CLERK `y CITY OF HUNTINGTON BEACH 2000 MAIN STREET I* mor't � pc�a n HUNTINGTON BEACH, CA 92648 i I I hereby declare under penalty of perjury that the voter listed on the enclosed ballot is the owner of ' record or the authorized representative of the land 1 owner entitled to vote said ballot. Executed on ✓ ��-Y 5 ,, i j 5 G Attention: This envelope contains an official 1990, at ballot and is to be opened only by the canvassing cc California. board with respect to the City of Huntington Beach Community Facilities District No. 1990-1 `� d 211i Area) special election to be By: held on July i Its: i I �k CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: _ Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the_ District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-200-10 110-200-11 Number of Votes: 5 Property Owner: Central P 15, A Cali rnia Li ed P rsh' By: Its: Address: 505 Park Ave. Balboa Island, CA 92662 9 t Ju'1 L 1 19 J Fri t T E R +s Land Owner and Voter: Central Park #15, A California Limited Parnership 505 Park Ave. Balboa Island, CA 92662 FIRST CLASS MAIL To: CITY CLERK I � r CITY OF HUNTINGTON BEACH 2000 MAIN STREET -� T HUNTINGTON BEACH, CA 92648 ' I Q I I hereby declare under penalty of perjury that the voter listed on the enclosed ballot is the owner of record or the authorized representative of the land owner entitled to vote said ballot. Executed on y UN AItBnliQti: This envelope contains an official 1990, at � l3 a / ballot and is to be opened only by the canvassing California. board with respect to the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) special election to be BY held on July 2, 1990. Its: I I i I ` CITY OF HUNTINGTON BEACH Community Facilities District No. 1990.1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X) on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate penautted by law at / the time of sale. of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327.(b)of the California Government Code. Assessor's Parcel Number: 110-210-01 Number of Votes: 4 Property Owner: William;/9L� By: Its: Address: 1900 Avenue of the Stars, Suite 1060 Los Angeles, CA 90067 IrMrTE_R ,t sw 1 Land Owner and Voter: w William Landis „ 1900 Avenue of the Stars ; Suite 1060 Los Angeles, ,CA 90067 FIRST CLASS MAIL, To: CITY CLERK f CITY OF HUNTING ON BEACH 2000 MAIN STREET r -HUNTINGTON BEACH; CA 92648 N r X_ i o I hereby declare under penalty of perjury that the ' voter listed on the enclosed ballot is the owner of record or the authorized representative of the land owner entitled to vote said ballot. Executed on ., 1990, at ,�% AZi9IIlL4f1: This envelope contains an official ballot and is to be opened only by the canvassing California. board with respect to the City of Huntington f Beach Community Facilities District No. 1990-1 ' ' (Goldenwest/Ellis Area) special election to be By; held on July 2, 1990. Ito: _ • i ih CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by_law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 159-391-02 159-391-03 159-391-04 Number of Votes: 5 Property Owner: CentralrPa2?,A Calif Hers 'p By: Its: Address: 505 Park Ave. Balboa Island, CA .92662 Fill .3 14 i .�_TFTFR x Ili Land Owner and Voter: Central Park #12, �I A California Limited Parnership , 505 Park Ave. j Balboa Island, CA 92662143 _ =_ TO: CITY CLERK ` CITY OF HUNTINGTON BEACH , -: 2000 MAIN STREET `0 HUNTINGTON BEACH, CA 92648 i -X3 I hereby declare under penalty of perjury that the voter listed on the enclosed ballot is the owner of , record or the authorized representative of the land owner entitled to vote said ballot. 1 --- Executed on �, �� T Z /`3 g Attention; This envelope contains an official 1990, ,at ballot and is to be opened only by the canvassing < < California. / board with respect to the City of Huntington (/ Beach Community Facilities District No. 1990-1 / (Goldenwest/Ellis Area) special election to be By: held on July 2, 1990. Its: ._l_3 r.� p r l 4, r v_ 1 CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street,Huntington Beach, California,92648. To vote,mark a cross (X)on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)(the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 159-391-01 Number of Votes: 5 Property Owner: Central Park#8 A Califo im By: its: Address: 505 Park Ave. Balboa Island, CA 92662 f. r r,... 0 4 5 n.. . Land Owner and Voter: I Central Park #8, + A California Limited Parnership 505 Park Ave. Balboa Island CA 92662 FIRST CLASS MAIL, TO: CITY CLERK CITY OF HUNTINGTON BEACH w 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 I f I hereby declare under penalty of perjury that the oter listed on the enclosed ballot is the owner of record or the authorized representative of the land owner entitled to vote said ballot. Executed on Atlalitiona, This envelope contains an official 1990, at ballot and is to be opened only by the canvassing California. board with respect to the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) special election to be By. held on July 2, 1990. Its: •i �.�- rti. (�c� ��-t�l I f A&- -ama CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (duly 2, 1990) This ballot is for a special,landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach,California, 92648. To vote,mark a cross (X) on the voting line 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. BALLOT MEASURE:Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Yes: Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of No: utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement.for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b)of the California Government Code. Assessor's Parcel Number: 110-210-02 110-210-04 Number of Votes: 2 Property Owner: Central Park#17, a Califo=tedartn By: Its: f �. b Address: 505 Park Ave. Balboa Island,CA 92662 , �(v Li•h Ali,.$.��$Fkltr��:R � I 01.4 I Land Owner and Voter: , Central Park #17, a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 FIRST CLASS MAIL, To: CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET � HUNTINGTON BEACH, CA 92648 I i I hereby declare under penalty of perjury that the voter listed on the enclosed ballot is the owner of record or the authorized representative of the land owner entitled to vote said ballot. Executed on Aftentiom This envelope contains an official 1990, at ballot and is to be opened only by the canvassing ' California. board with respect to the City of Huntington Beach Community facilities District No. 1990-1 `� (Goldenwest/Ellis Area) special election to be By: r held on July 2, 1990. Its: 1 r d2dyb MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-7 & B-8, Civic Center Huntington Beach, California Monday, June 25, 1990 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Mays called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. ROLL CALL PRESENT: MacAllister, Winchell , Mays, Silva, Erskine Green arrived 9 p.m. Bannister arrived 6:30 p.m. ABSENT: None (City Council) PUBLIC HEARING - 16TH YEAR HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT SUBMISSION - APPROVED AS AMENDED (340.70) The Mayor announced that this was the day and hour set for a public hearing to consider the contents of the City' s Sixteenth Year Submission to HUD for receipt of $1 ,257,000 in Community Development Block Grant funds. Copies of the Submission are available for inspection in the City Housing and Redevelopment Office, City Hall . THE SUBMISSION WAS APPROVED BY CITY COUNCIL ON 6/4/90 WITH THE EXCEPTION OF THE ALLOCATION OF FUNDS UNDER PUBLIC SERVICE. Statement of Community Development Objectives for FY 1990-91 1 . Provide community service related programs and facilities. 2. Upgrade and preserve declining neighborhoods. 3. Preserve the existing housing stock. 4. Expand the housing opportunities available to low-and moderate income households . 5. Expand the economic opportunities available to low-and moderate income households and minority groups. PUBLIC SERVICE: - This activity meets Objective Al by providing financial assistance to agencies which meet the social service needs of low and moderate income households. This project also meets the broad national objective of benefiting low and moderate income households. Page 2 — Council/Agency Minutes — 6I25I90 Pat Spencer, Director Housing and Redevelopment, presented a staff report. The Mayor declared the public hearing open. Robert Cohen, Legal Aid Society, presented a history of persons helped in the past by the Legal Aid Society and stated the funds would provide an office site in Huntington Beach. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was. closed by the Mayor. Councilman MacAllister spoke in support of the Boys and Girls Club of Huntington Valley receiving support.- , He stated he was in opposition of the allocation for the Shelter -for the Homeless since there was no formal plan or site submitted. Karl Wiebe, Board of Human Resources member, stated there was not adequate funding for all applications submitted and that all applications were reviewed by the Board. In answer to Councilwoman Winchel11s inquiry, Mr. Wiebe stated the request from Jim Miller, Executive Office for Shelter for the Homeless. In answer to Mayor Mays inquiry, Shirley Cohen stated the Federal government guideline specifically states that the only stipulation for providing meals for the elderly was that they be 60 years and older. A motion was made by MacAllister, seconded by Silva, to allocate $7,500 to the Boys & Girls Club of Huntington Valley and to set aside the funds of $12,500 until a formal plan from the Shelter for the Homeless is received. The motion carried by the following roll call straw vote: AYES: MacAllister, Mays, Silva, Erskine NOES: Winchell ABSENT: Green, Bannister Karl Wiebe stated he would present a report from the Shelter for the Homeless at the July 16, 1990 Council meeting. A motion was made by MacAllister, seconded by Silva, to: 1 . Authorize an additional $21 ,000 of city' s Sixteenth Year CDBG funds to be programmed into Public Services activities; to allocate $7,500 of the $21 ,000 to the Boys & Girls Club of Huntington Valley and to set aside the remainder of the funds ($12,500) until a formal plan from the Shelter for the Homeless is received. 2. Accept Human Resources Board's recommendation of June 8, 1990, and grant an additional $9,000 to Feedback Foundation; 3. Authorize Human Resources Board to allocate remaining $12,000 to eligible Public Services activities; 4. Instruct staff to reimburse HUD $21 ,000 from city's General Fund. _ s t Page 3 - Council/Agency Minutes - 6/25/90 5. Accept Human Resources Board' s recommendations for the allocation of the 1. $167,550 to social service agencies. 6. Human Resources Board to return a report to Council ►. The motion carried by the following roll call vote: n AYES: MacAllister, Winchell , Mays, Silva, Erskine NOES: None ABSENT: Green, Bannister (City Council) PUBLIC HEARING - TRAFFIC IMPACT FEES - CONTINUED , TO 7/16/90 - ORDINANCE NO. 3048 - RESOLUTION NO. 6164 (420.20) The Mayor announced that this was the day and hour set for a public hearing to for- the purpose of adopting a traffic impact fee ordinance on new develop- ments. The purpose of the fee is part of an overall strategy to develop new sources of revenue for specific public improvements. A motion was made by Mays, seconded by MacAllister, to continue the public hearing on the traffic impact fees to July 16, 1990 and to direct the City Clerk to readvertise. The motion carried by the following roll 'call vote: AYES: MacAllister, Winchell , Mays, Silva, Erskine NOES: None ABSENT: Green, Bannister Couticilman Bannister arrived at 6:30 p.m. (City Council) PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO 1990-1 - RES NOS 6161 , 6162, 6163 - ADOPTED - ELIMINATED 2% ANNUAL INCREASE ON MELLO-ROOS TAX - (GOLDENWEST/ELLIS AREA) (350.40) The Mayor announced that this was the day and hour set for a" public hearing continued from June 18, 1990 to consider the formation of a Community Facili- ties District (CFD) under the authority of the Mello-Roos Community Facilities Act of 1982, following the submission of a petition from property owners in the area. The CFD would be the levying of a special property tax for financing the widening of Ellis Avenue from Edwards to Goldenwest, financing of other public improvements, financing the acquisition of land along Ellis Avenue for street right-of-way and limited funding for police and fire protection services. Robert Franz, Deputy City Administrator/Administrative Services, presented a staff report. The City Clerk presented Resolution No. 6161 for Council adoption - "A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDEN- WEST/ELLIS AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUB- MITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT." Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) r •► . r v Page 4 - Council /Agency Minutes - 6/25/90 The City Clerk presented Resolution No. 6162 for Council adoption - "A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMIT- TING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICV.11Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) The City Clerk presented Resolution No. 6163 for Council Adoption - "A RESOLUTION CALLING SPECIAL ELECTION. COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) The Mayor declared the public hearing reopened. David Dahl , developer, stated that buyers of the development would favor the Mello-Roos tax to solve the drainage problem but they are concerned about the 2% escalating tax. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Erskine, seconded by Bannister, to adopt Resolution Nos. 6161 , 6162, 6163, with the modification wherever appropriate to eliminate the 2% escalator for special services. A motion was made by Winchell , seconded by Mays, to amend the main motion to include the 2% escalator for special services. The motion FAILED by the following straw vote: AYES: Winchell , Silva NOES: MacAllister, Bannister, Erskine ABSENT: Green The main motion made by Erskine, seconded by Bannister, to adopt Resolution Nos. 6161 , 6162, 6163, with the modification wherever appropriate to elimin- ate the 2% escalator for special services carried by the following roll call vote: AYES: MacAllister, Mays, Bannister, Silva, Erskine NOES: Winchell ABSENT: Green To ' clarify Councilman Erskine' s concern, the Community Development Director stated that when the traffic impact fee is adopted, it would apply to all pro- jects which have yet to pull all building permits and that would apply to this project. t SCi_iiy_CQ.lLncil)_ MUNICIPAL DEVELOPMENT STANDARDS WITHIN SPHERE. OF INFLUENCE - R S LUTION NO. 6157 - ADOPTED (640.30) The City Clerk presented a communication from James Palin, Deputy City Admin- istrator, transmitting Resolution No. 6157 which requests the Board of Super- visors to apply municipalities' development standards when development takes place within the municipality' s sphere of influence. The City Clerk presented Resolution No. 6157 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO ADOPT ORDINANCES REQUIRING THE APPLICA- TION OF MUNICIPAL DEVELOPMENT STANDARDS WHEN PROCESSING PROJECTS WITHIN A MUNICIPALITY'S SPHERE OF INFLUENCE." 1 Page 5 - Council/Agency Minutes - 6/25/90 . A motion was made by MacAllister, . seconded by Mays, to adopt Resolution No. 6157. The motion carried by the following roll call vote:. AYES: MacAllister,. Winchell , Green, Mays, Bannister, Erskine NOES: None ABSENT: Silva (City. Council) CONCRETE b WOOD RECYCLING REPORT REOUESTED CONTINUED FOR 30 DAYS (810.60) The City Clerk presented a communication from the Director of Public Works regarding a request from Pomona Valley Environmental , Inc-. to use 'City land; a portion of the landfill site adjacent to Goldenwest Street or - any other parcel of five acres the City may desire, to conduct recycling of concrete and wood. The Public Works Director presented a staff report. A motion was made by Mays, seconded by Erskine, to continue the it regarding recycling of concrete and wood for thirty days and return to Council with a staff report on potential city property available, environmental impact, economic benefit, and possible compliance with AB 939. The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Mays, Bannister, Silva, Erskine NOES: None ABSENT: Green (City Council) PLANNING QIVISION FEE ADJUSTMENT SCHEDULE PUBLIC HEARING TO BE SCHEDULED - REPORT REOUESTED RE: FEE SCHEDULE FOR HOMEOWNERS' PROJECTS (340.20) The City Clerk presented a communication from the Director of Community Development transmitting the proposed new and adjusted Planning Division fees for processing applications. A motion was made by Mays, seconded by Winchell , to direct staff. to set a public hearing for the purpose. of receiving public input on -the proposed plan- ning .fees. The motion carried by the following -roll call vote: AYES: MacAllister, Winchell , Mays, Bannister, Silva, Erskine NOES: None ABSENT: Green In response to Councilman MacAllister's inquiry, the Community Development Director stated he would review a fee scale for homeowner projects. ORDINANCE NO 3047 - INTRODUCTION APPROVED - RELATING TO COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS (810.20) The City Clerk presented Ordinance No. 4047 for Council approval - "AN ORDINANCE OF THE CITY. OF HUNTINGTON BEACH AMENDING THE `HUNTINGTON BEACH MUNI- CIPAL CODE BY ADDING A NEW CHAPTER 5.40 RELATING TO. COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS." i Page 6 - Council/Agency Minutes - 6/25/90 A motion was made by Mays, seconded by MacAllister, to approve introduction of Ordinance No. 3047, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Mays, Bannister, Silva, Erskine NOES: None ABSENT: Green RECESS - RECONVENE The Mayor called a recess of Council at 7:40 p.m. The meeting was reconvened at- 8:10 p.m. Regplar Order of Agenda Sus e� nded On motion by Mays, second MacAllister, Council approved suspending the regular order of business as shown on the agenda to move immediately to the Shell Oil Presentation by the following roll call vote: AYES: MacAllister, Winchell , Mays, Bannister, Silva, Erskine NOES: None ABSENT: Green SHELL OIL PRESENTATION REGARDING NEW AIR QUALITY MANAGEMENT PLAN REGULATIONS Steve Pontious, Shell Production Manager, introduced himself and the staff that was present. An agenda of the presentation dated . June 1990 was distributed to the Council . Gaurdie Banister, Manager Development Engineering, presented a slide report on the modernization and consolidation regarding 'air quality regulations. Discussion was held between staff and the Shell Oil representatives. COULTR P DEVELOPMENT HUNTINGTON HARBOUR BAY AND RACQUET CLUB The City Administrator stated that the item relating to Coultrup Development Huntington Harbour Bay and Racquet Club would be on the July 2, 1990 City Council agenda. PUBLIC COMMENTS James Johnson, Pacific Coast Homes President, spoke regarding the dedication of land in the Linear Park for offsite Park credits. He requested Council to appoint committee to negotiate a Development Agreement with Pacific Coast Homes. He distributed a letter to Council dated June 25, 1990 regarding the Development Agreement for Holly Seacliff Properties. Bill Holman, representing Pacific Coast Homes, stated he needed direction on the status and condition of approval regarding Seapoint Avenue. Gary Haas spoke regarding the pier closure. The Public Works Director stated the pier was closed due to the fact that it could not be proven structurallv otmind i i Page 7 - Council/Agency Minutes - 6/25/90 Councilman Green arrived 9 p.m. Lorraine, Faber, Amigos de Bolsa Chica, spoke regarding Seapoint. Avenue and requested the appointment of a land dedication subcommittee composed of the Council- .and Amigos de Bolsa Chica representatives. Mjin Street Casino fundraiser Report Presented - MacAllister Councilman MacAllister reported on the Main Street Casio fundraiser held } June 23,, .1990. Sacramento trip re: AB 145 & Senate Bill 838 (Transportation Committee) Councilman Green reported on his Sacramento trip regarding AB 145 and Senate i Bill 838 (Transportation Committee) . ` RES NO 6165 - ADOPTED - BE: POSSIBLE CLOSURE OF LONG BEACH NAVAL SHIPYARD The City Clerk presented Resolution No. 6165 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO POSSIBLE CLOSURE OF THE LONG BEACH NAVAL SHIPYARD." A motion was made by Mays, seconded by Bannister, to adopt Resolution No. 6165. The motion carried by the following roll call vote_: AYES: MacAllister, Green, Mays, Bannister, Silva, Erskine NOES: Winchell ABSENT: None Report on Leaf Blowers Requested Councilman Bannister requested a report from staff regarding leaf blowers and what other cities have done regarding same. Seapoint Avenue Extension Discussion was held regarding delayed construction on the Seapoint Avenue Extension and possible remedial action. Eire-Med Program Fire Chief Picard presented a report regarding the Fire-Med Program. He answered inquiries from Council . Proposal for November General Obligation Bond Measure for Central Park Methane Removal . Recreation Improvements to be Identified Discussion was held between Council and staff regarding a proposed bond . measure for Central Park methane removal and recreation improvements. r � Page 8 - Council/Agency Minutes - 6125/90 A motion was made by Erskine, seconded by MacAllister, to direct staff to return to Council at the July 2, 1990 meeting with a recommendation to place on the November ballot a General Obligation Bond Measure for Central Park methane removal and specified recreation improvements, staff to identify recreation improvements and methane removal cost; City Clerk to work with the City Attorney and bond consultant to determine a timing recommendation for placement of that General Obligation Bond issue on the November ballot. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Silva, Erskine NOES: Winchell , Green, Mays ABSENT: None PRESENTATION SOUTHERN CALIFORNIA EDISON COMPANY REGARDING NEW AIR OUALITY MANAGEMENT PLAN REGULATIONS Mike Martin, Manager Southern California Edison Company, and Bill West, Air Quality Specialist, reported on emission and noise reduction to . improve air quality. HOUSING ELEMENT - DEFERRED TO FUTURE STUDY SESSION By' consensus of Council the discussion on the Housing Element was. deferred to a future study session at the request of City Administrator. CLOSED SESSION '(120.80) The Mayor called a Closed Session of the City Council pursuant '-to, Government Code Section 54957 to consider personnel matters. RECESS - RECONVENE The Mayor called a recess of Council at 11 :15 p.m. The meeting was reconvened at 11 :45 p.m. AQJOURNM NT - COUNCILIREDEVELOPMENT AGENCY Mayor Mays adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m. , June 18, 1990, Room B-8, Civic Center. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: r City Clerk/Clerk Mayor/Chairman Page 3 - Council /Agency Minutes - 6/25/90 al 5. Accept Human Resources Board' s recommendations for the allocation of the $167,550 to social service agencies. 6. Human Resources Board to return a report to Council The motion carrried by the following roll call vote: AYES: MacAllister, Winchell , Mays , Silva, Erskine NOES: None ABSENT: Green, Bannister D-6.(City Council) PUBLIC HEARING - TRAFFIC IMPACT FEES - CONTINUED TO 7/16/90 - ORDINANCE NO. 3048 - RESOLUTION NO. 6164 (420.20) The Mayor announced that this was the day and hour set for a public hearing to for the purpose of adopting a traffic impact fee ordinance on new developments . The purpose of the fee is part of an overall strategy to develop new sources of revenue for specific public improvements . A motion was made by Mays , seconded by MacAllister, to continue the public hearing on the traffic impact fees to July 16, 1990 and to direct the City Clerk to readvertise. The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Mays, Silva, Erskine NOES: None ABSENT: Green, Bannister Councilman Bannister arrived at 6:30 p.m. D-8.(City Council ). REOPENED PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 1990-1 - RES NOS 6161 , 6162, 6163 - ADOPTED - ELIMINATED 2% ANNUAL INCREASE ON MELLO-ROOS TAX - (GOLDENWEST/ELLIS AREA) (350.40) The Mayor announced that this was the day and hour set for to reopen the public hearing continued from June 18, 1990 to consider the formation of a Community Facilities District (CFD) under the authority of the Mello-Roos Community Facilities Act of 1982, following the submission of a petition from property owners in the area. The CFD would be the levying of a special property tax for financing the widening of Ellis Avenue from Edwards to Goldenwest, financing of other public improvements , financing the acquisition of land along Ellis Avenue for street right-of-way and limited funding for police and fire protection services. Bob Franz, Deputy City Administrator/Administrative Services, presented a staff report. The City Clerk presented Resolution No. 6161 for Council adoption - "A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) , AUTHORIZING THE LEVY OF-A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED -ELECTORS OF THE DISTRICT." Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) r.; r t. . �f Page 4 - Council /Agency Minutes - 6/25/90 The City Clerk presented Resolution No. 6162 for Council adoption - "A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT." Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) The City Clerk presented Resolution No. 6163 for Council adoption - "A RESOLUTION CALLING SPECIAL ELECTION. COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) The Mayor declared the public hearing reopened. David Dahl , developer, stated that buyers of the development would favor the Mello-Roos tax to solve the drainage problem but they are concerned about the 2% escalating tax. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing. was closed by the Mayor. s RECOMMENDED ACTION: Adopt the following resolutions : t 1 . Resolution No. 6161 - "A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) , AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. " Community. Facilities District No. 1990-1 (Goldenwest/Ellis Area) I AM 2. Resol.ution No. 6162 - "A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. " Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) AND is 13. Resolution No. 6163 - "A RESOLUTION CALLING SPECIAL ELECTION. 4v COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) N F. ADMINISTRATIVE ITEMS CONTINUED FROM 6/18/90 F-2.(City Council ) MUNICIPAL DEVELOPMENT STANDARDS WITHIN SPHERE OF INFLUENCE - RESOLUTION NO. 6157 - ADOPTED (640.30) The City Clerk presented a communication from Jim Palin, Deputy City Administrator, transmitting Resolution No. 6157 which requests the Board of Supervisors to apply municipalities ' development standards when development takes place within the municipality' s sphere of influence. 4 4: T ;4: :1 TRANQ-.T-,-'! I SS ION R E P (D RT ;,T 0 D A E I T 7 kT ,.,.7 C)7;7 J�j RESOLUTION NO. 6163 A RESOLUTION CALLING SPECIAL ELECTION Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City �Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, on this date, this City Council adopted a resolution .entitled "A Resolution of Formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified electors of the District" (the "Resolution of Formation" ) , ordering the formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis area) (the "District" ) , authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, and a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No . 1990--1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualifier electors of the District" (the "Resolution to Incur Indebtedness" ) , ' determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $2 , 500 , 000 . 00 upon the security of said special tax to be levied within the District; and pursuant to the provisions of said resolutions , the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as -1- required by the Mello-Roos Community Facilities Act of 1982, as amended (the "Act" ) . NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . Pursuant to Sections 53326, 53353 . 5 and 53325 . 7 of the Act , the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. SECTION 2 . As authorized by Section 53353 . 5 of the Act, the three propositions described in paragraph 1 above shall be combined into a . single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved . SECTION 3 . This City Council hereby finds that fewer than 12 t persons have been registered to v6te within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings . Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives , each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings . SECTION 4 . This City Council hereby calls a special election to consider the measure described in paragraph 2 above, which election shall be held on July 2 , 1990 , in the City Council Chambers . The 1 City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow i j the City Clerk to determine the boundaries of the District . The voted ballots shall be returned to the City Clerk prior to 7 : 30 p .m. on July 2 , 1990 ; and when all of the qualified electors have voted the election shall be closed. SECTION 5 . Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code . This City Council hereby finds that paragraphs (a) , (b) , (c) (1) , and (c) (3) of said Section 1340 are applicable to this special election. SECTION 6 . The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit "A" . hereto . Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains . Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot . The envelope to be used to return the ballots shall be enclosed with the ballot , have the return postage prepaid, and contain the following : (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter , (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and -3- is to be opened only by the canvassing board . Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act . SECTION 7 . The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers on and prior to 7 : 30 p .m. on July •2 , 1990, whether said ballots be personally delivered or received by mail . The City Clerk. shall have available ballots which may be marked at said location on the election day by said qualified electors . SECTION 8 . This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District . There is on file with the City Clerk a written petition executed by the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District . Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings . This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9 . The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness , as soon as practicable after the date of adoption of this Resolution. -4- PASSED AND ADOPTED by the City Council of the City of Huntington adjourned .;I Beach at b regular meeting thereof held on the 25th day of June 1990 . Mayor ATTEST: APPROV AS TO FORM: S Ci-ty..Clerk City Atto ey REVIEW AND APPROVED: INITIATED,-AN APPRa ED: City Administr or Director of Adi6iNistrativ Ser ices - EXHIBIT A CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special , landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7 :30 p .m. on July 2 , 1990, either by mail or in person. The City Clerk' s office is located at 2000 Main Street, Huntington Beach, California , 92648 . To vote, mark a cross (X) on the voting line 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 . BALLOT MEASURE : Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate Yes : principal amount of $2 , 500, 000 . 00 , with interest at a rate or rates not to exceed No : the maximum interest rate permitted by law at• the time of sale of such bonds on behalf of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities ; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds , the costs of .the City in providing additional police and fire protection services and paramedic .services within the District and the costs of the City in administering the District , and shall the annual appropriations limit of the District be established in the amount of $750 , 000 . 00? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327(b) of the California Government Code. Number of Votes : Property Owner : By: r Its : _6_ Res. No. 6163 STATE OF CALIFORNIA COUNTY OF ORANGE 3 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 adjourned meeting thereof held on' the 25th day of June 19 90 by the following vote: T, 17, AYES: Councilmembers: MacAllister, Mays, Bannister, Silva, Erskine NOES: Councilmembers: Winchell ABSENT: Councilmembers: Green 1-5-1 L0�4 y er an ex-o i o er of the City..Council of the City of Huntington Beach, California RESOLUTION NO. _616 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, on May 7 , 1990, the City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of Intention" ) stating its intention to form Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act" ) and a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness" ) stating its intention. to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention, and on this date, this City Council held a noticed public hearing as required by the Act and at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of said facilities (the "Facilities" ) and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held, and subsequent to said hearing this City Council adopted a -1- resolution entitled "A Resolution Of Formation Of Community i Facilities District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit For The District And Submitting Levy Of The Special Tax And The Establishment of The Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of Formation" ) and on this date, this City Council also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness and no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . The foregoing recitals. are true and correct . SECTION 2 . It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of $2 , 500 , 000 . 00 within the boundaries of the District . SECTION 3 . The indebtedness is incurred for the purpose of financing the costs of the Facilities , as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the initial costs of the City in administering the District . SECTION 4 . The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of Formation. u= l SECTION 5 . The maximum amount of bonded indebtedness to be incurred is $2 , 500, 000 . 00 and the maximum term of the bonds to be, issued shall in no event exceed forty (40) years . -2- SECTION 6 . The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or in such other manner as this City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by, this City Council or its designee at the time or times of sale of said bonds . SECTION 7 . The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the. District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353 . 5 of the Act . The time, place and conditions of said election shall be as specified by separate resolution of this City Council . PASSED AND ADOPTED by the City Council of the City of Huntington adjourned Beach at a� regular meeting thereof held on the 25 day of June 1990 . sus 1. . . ,�• _ Mayor AT EST: APPROVE A TO F M: �-s City Clerk ' City Att�rey / VI WED APPROVYDj: IN�ITN A OVED: Ci - Administrator Dir' ctor of Ad inistrat}die rvices -3- Res. No. 6162 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) i 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 adjourned meeting thereof held on the 25th day of June 19 90 by the following vote: Y_ AYES: Councilmembers: MacAllister, Mays, Bannister, Silva, Erskine NOES: Councilmembers: Winchell ABSENT: Councilmembers: Green City Clerk-and ex-officlo er of the City Council of the City of Huntington Beach, California LAI CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 18, 1990 Jones Hall Hill & White Four Embarcadero Center Suite 1950 San Francisco, CA 94111 ATTENTION: Paul J. Thimmig_ Dear Mr. Thimmig: I am enclosing a copy of Ordinance No. 3050 pertaining to the special taxes within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) . We will publish it in the newspapers on July 23, 1990. Sincerely, Connie Brockway, CMC City Clerk CB:pm Enclosure (Telephone: 714-536-5227) �o d ORDINANCE NO. 3050 I AN ORDINANCE OF THE CITY- COUNCIL OF THE CITY OF HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) WHEREAS , on May 7 , 1990 , this City Council adopted a resolution entitled "A Resolution of Intention to Establish Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" stating its intention to establish Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended (the "Act" ) , to finance certain facilities (the "Facilities" ) and to pay the costs of providing certain services (the "Services" ) , and this City Council has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of Formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing the Levy of a Special Tax Within the District , Preliminarily Establishing an Appropriations. Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation" ) , "A Resolution Determining the Necessity to Incur Bonded Indebtedness l Within Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified Electors of the JJ District" and "A Resolution Calling Special Election, " which resolutions established the District authorized the levy of a 1. -1- special tax with the District, and called an election within the District on the proposition of incurring indebtedness , levying a special tax, and establishing an appropriations limit within the } District , respectively; and an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDAINS as follows : SECTION 1 . By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340 , at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution of Formation is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991-1992 and in each fiscal year thereafter until the later of (i) payment in full of any bonds of the City issued for the District (the "Bonds" ) and all cost of administering the District or (ii) a determination by the City Council that there is no further need for the District to contribute to the payment of the costs of the Services . SECTION 2 . The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District , in the manner and as provided in the Resolution of Formation. SECTION 3 . Properties or entities of the State, federal or local governments shall be exempt from any levy of the special _w taxes . In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the -2- i Resolution of Formation. 1 SECTION 4 . All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including , but not limited to, the payment of principal and interest on the Bonds , the replenishment of the reserve fund. for the Bonds , the payment of the costs of the City in providing the Services and in administering the District , and the costs of collecting and administering the special tax. SECTION 5 . The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes . In addition, the provisions of Section 53356 . 1 of the Act shall apply to delinquent special tax payments . The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Orange in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Orange for fiscal year 1991-1992 and for each fiscal year thereafter until the Bonds are paid in full . SECTION 6 . If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District , by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected . =� SECTION 7 . The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen ( 15) days after its passage at least once in a newspaper of general -3- circulation published and circulated in the City. 1 SECTION 8 . This Ordinance shall take effect 30 days from the Ii date of final passage. "l PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of July 1990 . Mayor ATTEST: APPROVED AS TO FORM: 1�� g:�� . y._ City Clerk City Attorn6 Q REVIEWED AND APPROVED : INITIA D AND APPROVED: "Ar City Adminis ra Director of � dm nistrat ' e Se vices �. .: Ord. No. 3050 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 the 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 ordinance was read to said City Council at a regular meeting therof held on the 2nd day of July 19 90 and was again read to said City Council at a regular meeting therof held on the 16th day of July , 19 90 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, winchell, Green, Mays, Silva NOES: Councilmembers: None ABSENT: Councilmembers: Bannister, Erskine out of room City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 16, 1990 Jones , Hall , Hill & White 4 Embarcadero Center Suite 1950 San Francisco, CA 94111 Attention: Paul J. Thimmig, Attorney at Law Enclosed is a recorded copy of the Notice of Special Tax Lien for City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Connie Brockway City Clerk CB:bt Enc. (Telephone:71 h-536-5227) RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA 90-368605 CONFORMED COPY 2:30 u0nnoared wit Original P.M. .JUL 121990 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN T O: o Q•'i3�RECORDER City Clerk This document is solely for the City of Huntington Beach official business of the City 2000 Main Street of Huntington Beach, as eontem— Huntington Beach, CA 92648 EXEMPT plated unk:er Go-!ernment Code Sao. 8I03 and should be recorded C14 fret of ehftrge. NOTICE OF SPECIAL TAX LIEN CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et. seq., of the California Government Code (the "Act"), the undersigned City Clerk of the City of Huntington Beach (the "City"), County of Orange, State of California, hereby gives notice that a lien to secure payment of a special tax which the City Council of the City is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the acquisition and construction of public facilities and services described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) which has now been officially,formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is paid, permanently satisfied, and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are as follows: none. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Orange, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) in accordance with Section 3115.5 of the Streets and Highways Code of California. The name(s) of the owner(s) of the real property included within the area of this community facilities district as they appear on the latest secured assessment roll as of the date of recording of this notice or are otherwise known to the City are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the amended boundary map of the community facilities district recorded at Book 52 of Maps of Assessment and Community Facilities Districts at Page 9, 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. The assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district are as set forth in Exhibit C attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Finance of the City of Huntington Beach, 2000 Main Street, Huntington Beach, California, 92648, telephone number (714) 536-5228. Dated: Julv , 1990. i ' I By: City Clerk, City of Huntington Beach STATE OF CALIFORNIA ) { COUNTY OF ORANGE ) ss : i i On this 9TN day of 19 L30 , before me, a Notary Public in and for said Co6enty nd state, personally appeared known to me to be the City Clerk of the City of HuntingtcPi Beach, the municipal corporation that executed the within instrument, known to me to be the person who executed the . within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL. Ij f:J: MAYBRICE L ETCHESON It�ir.RY PUKIC - UOLIFOR?iA >< ORANGE COUNTY NY corn_. cxp;res MAY 11, 1993 i 3 r i EXHIBIT A CITY OF Huntington Beach COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) PUBLIC FACILITIES TO BE PROVIDED BY COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Golden West Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Quarterhorse Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Saddleback Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Edwards Street in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the District, including related improvements. Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District, including any related work. Fire station improvements, including construction and related costs. Acquisition of emergency vehicle traffic interruption devices. SERVICES TO BE PROVIDED Police and Fire protection services, Paramedic services, in each case in addition to those currently provided in the District. A-1 _OTHER Costs of engineering, design, planning and coordination related to the above-listed facilities. Bond related_expenses, including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the City and the Bond trustee or fiscal agent related to the District and the Bonds. A-2 F R,XHf131T 13 CITY 01{ HliN"I'ILNGTON BEACH C011 M l N ITY F ACILIT[ES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) RXI'F. ANi) AlE'1 H01) 0 F A P P 0 RT 10N111ENT 0F '1'1-IE SPEICIAL`I,AX T f;r- Joecial Tax to be ':e"led by the Finance Director of the City on behalf of the DIstrIct each 1'i cal Year on all parcels % ii.hln the District in an amount equal to the 'Maximum Special Tax, less an_: Services Credit, as such Lernis are defined below. Or. [arch 1 of each year all taxable Parcels within the District shall be categorized by the Finance Director either as Developed Parcels or Undeveloped Parcel>, and shall be subject to a Special Tax in accordance %vith the Rate and :Method of "+pportioi:n r.i,t .=.Pcci:icd be!o•.v. Undeveloped Parcels A Special Tax shall be levied on each Undeveloped Parcel as follows: (ratable Sg. F_. of Parcel Maximum) Services = Special (`Taxable Se. Ft. of Di_trict Special`Pax) Credit Tax Deveioned Parcels A Special Tat shall be levied on each Developed Parcel as follows: 1 ) (Maximum Total Special Tax Levied X Total Number o0 _ Services — Special (Special Tax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act mea:u the N-iello-Roos Community Facilities Act of 1982, as amended. The Bonds means the City of Huntington Reach Community Faci!ities District No. 1990-1 (Goldenwe_t:Ellis area) 1990 Special Tax Bonds, and any other bonds of the District payable from the �tin.Cl31 X. The City means the City of Huntington Beach,California. Developed Parcel M is any Parcel that is within the houndal-ies of the District based on the latest available equalised rolls of the County of Orange as of March 1. of the applicable near which is not exempt from the Special Tax pursuant to Section 53311, et seq. of the California Government Code, (2) i; not greater than 50,000 square feet in total square footaje and (3) with respect to which a building permit for,, angle family d,.vellir.g has been issued as of March 1 of the current .UM'. 1 The District is Cornnwnity Facilities 11str ict No. 199?1 iGoldenwcsUF,1lis Area) of the Cit_v of Huntington Beach,California. Fiscal Agent means the li;cal agel.t for the, lords appointed under the F!seal Agent Agreement. Fiscal Agent Agreement means the a reenient by 10t name approved by the 1iesoluthin of Issuance. Fiscal Year meanstheperiod ;:artingor.JuleIandendingthefolio%WngJune39. AiaYlnium Special Tax is all arnaun_r ally l :SC;1l Y e.11' e,Iu O 1_0 :$264 Ol!Q_ resolution of Issuance is any Resolution adopted by the City Council C t hC City U)W hi)riZinch tale issuance of Bond. SerAces Credit is an amount equal to any proceeds of the Special Tax Levied within. trit? District which has been allocated by the Chy to the payinent of polke and hire proWcHon services and o'' paramedic services authorized under the Act WE have not been expended for such purpose by the last day of the prior Fiscal Year. Special 'Fax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and levied within the i)iCA& Taxable Square Footage of Parcels A aH of the area within any Parcel within the District whichh i., not exempt from the Special Tax pursuant, to Section 53311, et. seq. of_"e California Government. Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage •`�r all Parcels within the District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest equalized rolls of the COunt\' of Orange as of March I of each year) which is not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. EXHIBIT C CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) 1990 ,Special. Tax Bonds ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENTIATST/ELLIS AREA) Assessor's Parcel Nos. Names of Property Owners 110-200-015 Southwest Diversified/Coscan Partners, 110-200-016 a California General Partnership 18400 Vonkerman, Suite 400 Irvine, CA 92715 110-210-02 Central Park#17, 110-210-04 a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 159-391-01 Central Park#8, A California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 159-391-02 Central Park #12, 159-391-03 A California Limited Partnership 159-391-04 505 Park Ave. Balboa Island, CA 92662 110-200-10 Central Park #15, 110-200-11 A California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 110-200-05 Emil Walter Plegel and 110-200-04 Ruby Lucille Plegel, Trustees 7071 Thomas Street Buena Park, CA 90621 C-1 Assessor's Parcel Nos. Names of Property Owners 110-200-23 Central Park#13, a California Limited Partnership 505 Park Ave. Balboa Island, CA 92662 110-210-01 William Landis 1900 Avenue of the Stars, Suite 1060 Los Angeles, CA 90067 J7375 C-2 1 RESOLUTION NO. 6163 A RESOLUTION CALLING SPECIAL ELECTION i Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of Formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified electors of the District" (the "Resolution of Formation" ) , ordering the formation of Community Facilities District No . 1990-1 (Goldenwest/Ellis area) (the "District" ) , authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, and a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified electors of the District" (the "Resolution to Incur Indebtedness" ) , determining the necessity to incur bonded indebtedness in the ' maximum aggregate principal amount of $2 , 500 , 000 . 00 upon the security of said special tax to be levied within the District ; and pursuant to the provisions of said resolutions , the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as -1- required by the Melio-Roos Community Facilities Act of 1982, as amended (the "Act" ) . NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . Pursuant to Sections 53326 , 53353 . 5 and 53325 . 7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. SECTION 2 . As authorized by Section 53353 . 5 of the Act , the three propositions described in paragraph 1 above shall be combined into a single ballot measure; the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved . SECTION 3 . This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings . Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns- in the District as of the close of -said public hearings . SECTION 4 . This City Council hereby calls a special election to consider the measure described in paragraph 2 above, which election :., shall be held on July 2 , 1990 , in the City Council Chambers . The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file -2- the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District . The voted ballots shall be returned to the City Clerk prior to 7 : 30 p .m. on July 2 , 1990 ; and when all of the qualified electors have voted the election shall be closed. SECTION 5 . Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code . This City Council hereby finds that paragraphs (a) , (b) , (c) ( 1) , and (c) (3) of said Section 1340 are applicable to this special election. SECTION 6 . The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto . Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains . Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot . The envelope to be used to return the ballots shall be enclosed with the ballot, have the return postage prepaid, and contain the following : (a) the name and address of the landowner , (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and -3- is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act . SECTION 7 . The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers on and prior to 7 : 30 p .m. on July 2 , 1990 , whether said ballots be personally delivered or received by mail . The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors . SECTION 8 . This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District . There is on file. with the City Clerk a written petition executed by the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District . Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings . This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9 . The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness , as soon as practicable after the date of adoption of i i this Resolution. i -4- PASSED AND ADOPTED by the City Council of the City of Huntington adjourned Beach at b regular meeting thereof held on the 25th day of June 1990 . Mayor ATTEST: APPROVED AS TO FORM: City.. Clerk City Attorney REVIEWED AND APPROVED: INITIATED-AND APPR ED: 91 City Admini ' trator Director of Adininistrativ Ser ices I -5- EXHIBIT A CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special , landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Huntington Beach no later than 7 :30 p .m. on July 2 , 1990, either by mail or in person. The City Clerk' s office is located at 2000 Main Street, Huntington Beach, California , 92648 . To vote, mark a cross (X) on the voting line 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 . BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate Yes : principal amount of $2 , 500 , 000 . 00 , with interest at a rate or rates not to exceed No : the maximum interest rate permitted by law at- the time of sale of such bonds on behalf of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , the proceeds of which will be used to finance certain public street, water , sewer , storm drain, traffic control and fire station improvements and the undergrounding of utilities ; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District , and shall the annual appropriations limit of the District be established in the amount of $750 , 000 . 00? By execution in the space provided below,you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327(b) of the California Government Code. ?i Number of Votes : Property Owner : By: Its _b_ Res. No. 6163 1 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 adjourned meeting thereof held on the 25th day of June 19 90 , by the following vote: AYES: Councilmembers: MacAllister, Mays, Bannister, Silva, Erskine NOES: Councilmembers: Winchell ABSENT: Councilmembers: Green City Clerk an ex-o 1 o er of the City Council of the City of Huntington Beach, California Th:: foj.cg;;ing instrumen0s a correct copy f the Vlo in this office. 'Attest �`r ---CONNAY, - City t rk and Ex-officio Clerk of the Cit} Cou c� o the , t f � ritington Beach, Cal. B •.... _._.. . .....Deputy ,I RESOLUTION NO. 6174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF HUNTINGTON BEACH FOR COMMUNITY FACILITIES ° DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) , APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, this City Council has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended (the "Act".) , to form Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which are to be used to finance certain facilities (the "Facilities" ) , and there have been submitted to this City Council certain documents providing for the issuance of bonds of the City, for the District and the use of the proceeds of those bonds to finance the Facilities and pay the costs of providing certain services within the District, and this City Council , with the aid of its staff , has reviewed said documents and found them to be in proper order, and all conditions, things and acts required to exist , to have happened and to have been performed precedent to and in the issuance of said bonds and the levy of said special taxes as contemplated by this Resolution and the documents referred to herein exist, have happened and have been l performed in due time, form and manner as required by the laws of the State of California, including the Act . -1- NOW, THEREFORE, IT IS HEREBY ORDERED as follows : I SECTION 1 . Pursuant to the Act , this Resolution and the Fiscal Agent Agreement (hereafter defined) , special tax bonds of the City for the District designated as "City of Huntington Beach Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) 1990 Special Tax Bonds" (the "Bonds" ) in an aggregate principal amount not to exceed $2 , 500 , 000 . 00 are hereby authorized to be issued. The Bonds shall be executed in the form set forth in and otherwise as provided in the Fiscal Agent Agreement . SECTION 2 . The proposed form of Fiscal Agent Agreement (the "Fiscal Agent Agreement" ) with respect to the Bonds in the form presented to this City Council at this meeting , is hereby approved. The City Administrator is hereby authorized and directed to execute and deliver the Fiscal Agent Agreement in substantially said form, with such additions thereto or changes therein as are approved by the City Administrator upon consultation with Bond Counsel including such additions or changes 'as are necessary .or advisable in accordance with Section 8 hereof (provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $2 , 500, 000 . 00, result in an initial true interest cost on t-he Bonds in excess of 10% per annum or result in an underwriter ' s discount in excess of 3% of the aggregate principal amount of the Bonds) , the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by the City. The date, manner of payment, interest rate or rates , interest payment dates, denominations , form, registration I privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Fiscal Agent Agreement as finally executed. The terms and -2- - t provisions of the Fiscal Agent Agreement are incorporated herein by this reference as if fully set forth herein. SECTION 3 . The proposed form of purchase contract (the "purchase contract" ) between the City and Chilton & O'Connor, Inc . (the "Underwriter" ) , in the form presented to this meeting, is hereby approved. The City Administrator is hereby authorized and directed, for and in the name and on behalf of the City, to accept the offer of the Underwriter to purchase the Bonds contained in the purchase contract (when such offer is made and if such offer is consistent with Section 2 hereof) and to execute and deliver said purchase contract in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel , the approval of such additions or _ changes to beconclusively evidenced by the execution and delivery by the City of said purchase contract . This City Council hereby finds ,and determines that the sale of the Bonds at negotiated sale as contemplated by the purchase contract will result in a lower overall cost . SECTION 4 . The proposed form of official statement relating to the Bonds (the "Official Statement" ) , in the form presented to this meeting , is hereby approved . The City Administrator is hereby authorized and directed, for and in the name and on behalf of the City, to execute the Official Statement in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel to the City, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of said Official Statement . The Underwriter is hereby authorized to distribute copies of said Official Statement to persons who may be interested -3- in the purchase of the Bonds and are directed to deliver such copies to all actual purchasers of the Bonds . Distribution by the Underwriter of a preliminary official statement relating to the Bonds is hereby approved and authorized . The City Administrator is hereby authorized to execute one or more certificates to the effect that such preliminary official statements and the Official Statement were deemed "final" as- of their respective dates for purposes of Rule 15c2-12 of the Securities Exchange Act of. 1934 , and is authorized to so deem such statements final . SECTION 5 . The City hereby covenants , for the benefit of the Bondowners , to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest or principal of the Bonds , said foreclosure action to be commenced and pursued as more completely set forth in the Fiscal Agent Agreement . SECTION 6 . The proposed form of acquisition agreement (the "Acquisition Agreement" ) relating to certain of the improvements to be financed with the proceeds of the Bonds, in the form presented to this City Council at this meeting, is hereby approved. The City Administrator is hereby authorized and directed to execute and deliver said Acquisition Agreement in substantially said form, with such additions thereto or changes therein as are recommended or approved by the City Administrator upon consultation with Bond Counsel (including such additions or changes therein as are necessary or advisable in accordance with Section 8 hereof, the approval of such additions or changes to be conclusively evidenced :I by the execution and delivery by the City of said Acquisition Agreement . -4- 4 Y L. 1 SECTION 7 . The Bonds , when executed, shall be delivered to the Fiscal Agent for authentication. The Fiscal Agent is hereby requested and directed to authenticate the Bonds by executing the Fiscal Agent ' s certificate of authentication and registration appearing thereon, and to deliver the Bonds , when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the City by the City Administrator, which instructions such officer is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Fiscal Agent . Such instructions shall provide for the delivery of the Bonds to the Underwriter in accordance with the purchase contract , upon payment of the purchase price therefor . SECTION 8 . All actions heretofore taken by the officers and agents of the City with respect to the establishment of the District and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates , agreements and other documents , which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this resolution, and any certificate, agreement , and other document described in the documents herein approved. SECTION 9 . This resolution shall take effect thirty days from and after its adoption. -5- PASSED AND ADOPTED by the City Council of the City of Huntington ~' Beach at a regular meeting thereof held on the 2nd day Of July 1990 . J Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND AP .ROVED: Of 01 _ �t r City dministWtK7 Director of� A minis at ' e Services ''' -6- Res. No. 6174 STATE OF CALIFORNIA COUNTY OF ORANGE 3 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 2nd day of July 19 90 by the following vote: <` = AYES: Councilmembers: MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City er and ex-offiCio Clerk of the City Council of the City of Huntington Beach, California f ii CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 11, 1990 Jones Hall Hill & White Four Embarcadero Center Suite 1950 San Francisco, CA 94111 ATTENTION: Paul J. Thimmig Dear Mr. Thimmig: Enclosed are copies of Resolution 6173 and Resolution 6174 pertaining to the Mello-Roos District of the City of Huntington Beach. Are there any other documents you need regarding this Mello-Roos District? I have recorded the Notice of Special Tax Authorization and will send you a conformed copy. Sincerely, Connie Brockway, CIVIC City Clerk CB:pm Enclosures (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 6, 1990 Jones Hall Hill & White Four Embarcadero Center Suite 1950 San Francisco, CA 94111 ATTENTION: Paul J. Thimmig Dear Mr. Thimmig: Enclosed are copies of all of the executed ballots and return envelopes of the Special. Tax Election, City of Huntington Beach Community Facilities District No. 1990-1 (W denwest/Ellis Area) . Sincerely, Connie Brockway, CMC City. Clerk CB:pm Enclosure I (Telephone:714-536-5227) JONES HALL HILL & WHITE, ( A PROFESSIONAL LAW CORPORATION 1 ATTORNEYS AT LAW -CHARLES F.ADAMS FOUR EMBARCADERO CENTER HAROLD W.BANH' SUITE 1980 STEPHEN R.CASALE06IO BRUCE R.COLEMAN SAN FRANCISCO,CA 94111 THOMAS A.DOWNEY (415)391-6780 ANDREW C.HALL,JR. June 14 1990 KENNETH I.JONES , ' WILLIAM H.MADISON FACSIMILE DAVID J.OSTER (415)391-5784 BRIAN D.QUINT - (415)391-5785 PAUL J.T31IMMIG .. - (415)056-8308 SHARON STANTON WHITE - •Anwrm D TO XEW YORR AND OTSTRICT OF OOLVI[HIA BARS ONLY ROBERT J.HILL(1922-1988) VIA FEDERAL EXPRESS To: Distribution RE: City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Enclosed are revised drafts of the following resolutions and ordinance relative to the above-referenced community facilities district: 1. A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Authorization; 2. An Ordinance of the City Council of the City of Huntington Beach Levying Special Taxes Within Community Facilities District No. 1990-1 (Goldenwest/Elhs Area); and 3. A Resolution Authorizing the Issuance of Special Tax Bonds of the City of Huntington Beach for Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Approving and Directing the Execution of a Fiscal Agent Agreement, and Approving other Related Documents and Actions. If the City Council adopts the three resolutions on the June 18th agenda forming the district, declaring the necessity to issue the bonds and calling the special election, the adoption of the above-listed two resolutions and the first reading of the above-listed ordinance should occur on July 2nd. I will distribute ballots for the election to the Dahl Company and the City Clerk shortly after the 18th, if the City Council proceeds as expected on the 18th. In addition to the above-listed documents, enclosed with this cover letter to Bob Franz are the latest drafts of the Fiscal Agent Agreement and Acquisition Agreement referenced in the resolution listed as 3 above. These two documents, along with a proposed bond purchase contract and official statement being generated by Rod Gunn, need to be on file with the City Clerk prior to the July 2nd meeting. I expect that Rod To: Distribution June 14, 1990 Page 2 will supply the bond purchase agreement and official statement to Bob shortly after the 18th, if all goes well with the City Council on the 18th. If the district is approved by the City Council on the 18th, we will need to schedule an all-hands meeting to finalize the documents listed in the preceding paragraph, as well as to discuss and finalize any disclosure the City will require that the developers provide to prospective homeowners. I expect that Tony Wetherbee will contact each of you after the 18th to set up that meeting. In the meantime, please do not hesitate to call me if you have any questions regarding the foregoing. Very truly yours, (1315, Paul J. T}ummig Enclosures PJT:a1csJ7849 S` CITY OF HUNTINGTON BEACH PROPOSED COMMUNITY FACILITY DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) DISTRIBUTION LIST (May 23, 1990) CITY: UNDERWRITER: CITY OF HUNTINGTON BEACH CHILTON & O'CONNOR -Mr. Robert J. Franz -Mr. Tony Wetherbee Deputy City Administrator/ 1901 Avenue of the Stars, Suite 1400 Administrative Services Los Angeles, California 90067 -Mr. Louis F. Sandoval, (213) 203-0966 Director of Public Works (213) 201-5091 [FAX] -Mr. Robert E. Eichblatt, City Engineer -Mr. Dan T. Villella, FINANCIAL CONSULTANT: Director of Finance -Ms. Connie Brockway, GRC MUNICIPAL FINANCE, INC. City Clerk -Mr. Rod Gunn -Mr. Arthur J. Folger, Principal Deputy City Attorney 3010 Old Ranch Parkway, Suite 330 2000 Main Street Seal Beach, California 90740 Huntington Beach, CA 92648 (213) 598-7677 (714) 536-5236[Franz] (213) 431-5446[FAX] (714) 536-5432[Sandoval] (714) 536-5431 [Eichblatt] (714)536-5228[Villella] BOND COUNSEL: (714) 536-5404[Brockway] (714) 536-5555[Folger] JONES HALL HILL & WHITE -Paul J. Thimmig, Esq. (714) 536-4182[Franz FAX] Four Embarcadero Center, Suite 1950 (714) 536-6473 [Sandoval FAX] San Francisco, CA 94111 (714) 536-6473[Eichblatt FAX] (415) 391-5780 (714) 536-4182[Villella FAX] (415) 391-5784[FAX] (714) 536-4693 [Brockway FAX] (714) 536-4693 [Folger FAX] DEVELOPER: THE DAHL COMPANY -Mr. David Dahl -Mr. Ron McDevitt 505 Park Avenue Balboa Island, CA 92662 (714) 673-0127 (714) 723-0269[FAX] 18019-30 JHHW:PJr:s1c 04/18190 J7644 05/05/90 RESOLUTION NO. _ A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) RESOLVED, by the City Council of the City of Huntington Beach (the "City")that: WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982,as amended (the "Act"),this City Council on June 18, 1990 adopted a resolution entitled "A Resolution Calling Special Election", calling special election of the qualified electors within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City (the 'District"), and pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "A"and this City Council has reviewed said canvass and hereby approves it. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. . The issues presented .at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of$2,500,000, the levy of a special tax within the District to be levied in accordance with the formula heretofore approved by this City Council by its resolution adopted June 18, 1990 entitled "A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area),Authorizing Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District", and the approval of an annual appropriations limit of$750,000 pursuant to said resolution. 2. Pursuant to said Canvass on file with the City Clerk, the issues presented at said special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election. 3. Pursuant to said voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Act. 4. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act. 5. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Orange a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the City Council of this resolution. 9 PASSED AND ADOPTED this 2nd day of July, 1990, by the following vote: AYES: . NOES: -ABSENT: CITY OF HUNTINGTON BEACH, CALIFORNIA By: Mayor ATTEST: By: . City Clerk -2- 18019-30 JHHW:PJT:slc 04/18/90 J7644 05/05/90 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) I hereby certify that on July 2, 1990, I canvassed the returns of the election held on July 2, 1990, in the Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full,true and correct: Qualified Landowner Votes Votes Cast YES NO Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach Special Tax Election, July 2, 1990. BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of$2,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the 'District"),the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds,the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District,and shall the annual appropriations limit of the District be established in the amount of$750,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this_day of July, 1990. By: City Clerk,City of Huntington Beach r 18019-30 JH W:Prr:dc 04/18/90 17645 05/05/90 1 06✓14/90 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWESVELLIS AREA) Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) WHEREAS, on May 7, 1990, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" stating its intention to establish Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities(the "Facilities")and to pay the costs of providing certain services (the "Services"), and this City Council has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and subsequent to said hearing,this City Council adopted resolutions entitled "A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area),Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDAINS as follows: Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution of Formation is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991-1992 and in each fiscal year thereafter until the later of(i) payment in full of any bonds of the City issued for the District(the 'Bonds") and all cost of administering the District or(ii)a determination by the City Council that there is no further need for the District to contribute to the payment of the costs of the Services. Section 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State,federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the City in providing the Services and in administering the District, and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition,the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Orange in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Orange for fiscal year 1991-1992 and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District,by a Court of competent jurisdiction,the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City. Section 8. This Ordinance shall take effect 30 days from the date of final passage. * * * * * * * * * * * * -2- PASSED AND ADOPTED this day of July, 1990, by the following vote: AYES: NOES: ABSENT: CITY OF HUNTINGTON BEACH, CALIFORNIA By: Mayor ATTEST: By: City Clerk -3- isois-so MavYMBIc 04118l90 mass OMM :i MUM d RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL-TAX BONDS OF THE CITY OF HUNTINGTON BEACH FOR CO .FACILITIES.DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT,AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Community Facilities District No. 1990-1 (GoldenwestM s Area) RESOLVED, by the City Council of the City of Huntington Beach (the "City") that: WHEREAS, this City Council has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to form Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which are to be used to finance certain facilities (the "Facilities"), and there have been submitted to this City Council certain documents providing for the issuance of bonds of the City for the District and the use of the proceeds of those bonds to finance the Facilities and pay the costs of providing certain services within the District, and this City Council, with the aid of its staff, has reviewed said documents and found them to be in proper order; and all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of said bonds and the levy of said special taxes as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement (hereafter defined), special tax bonds of the City for the District designated as "City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) 1990 Special Tax Bonds" (the "Bonds") in an aggregate principal amount not to exceed $2,500,000 are hereby authorized to be issued. The Bonds shall be executed in the form set forth in and otherwise as provided in the Fiscal Agent Agreement. Section 2. The proposed form of Fiscal Agent Agreement (the "Fiscal Agent Agreement") with respect to the Bonds in the form presented to this City Council at this meeting, is hereby approved. The City Administrator is hereby authorized and directed to execute and deliver the Fiscal Agent Agreement in substantially said form, with such additions thereto or changes therein as are approved by the City Administrator upon consultation with Bond Counsel including such additions or changes as are necessary or advisable in accordance with Section 8 hereof (provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of$2,500,000, result in t an initial true interest cost on the Bonds in excess of 10% per annum or result in an underwriter's discount in excess of 3% of the aggregate principal amount of the Bonds), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by the City. The date, manner of payment, interest rate or .rates, interest payment dates, denominations, form,: registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Fiscal Agent Agreement as finally executed. The terms and provisions of the Fiscal Agent Agreement are incorporated herein by this reference as if fully set forth herein. Section 3. The proposed form of purchase contract (the "purchase contract") between the City and Chilton & O'Connor, Inc. (the "Underwriter"), in the form presented to this meeting, is hereby approved. The City Administrator is hereby authorized and directed, for and in the name and on behalf of the City, to accept the offer of the Underwriter to purchase the Bonds contained in the purchase contract (when such offer is made and if such offer is consistent with Section 2 hereof) and to execute and deliver said purchase contract in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of said purchase contract. This City Council hereby finds and determines that the sale of the Bonds at negotiated sale as contemplated by the purchase contract will result in a lower overall cost. Section 4.. The proposed form of official statement relating to the Bonds (the "Official Statement"), in the form presented to this meeting, is hereby approved. The City Administrator is hereby authorized and directed, for and in the name and on behalf of the City, to execute the Official Statement in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel to the City, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of said Official Statement. The Underwriter is hereby authorized to distribute copies of said Official Statement to persons who may be interested in the purchase of the Bonds and are directed to deliver such copies to all actual purchasers of the Bonds. Distribution by the Underwriter of a preliminary official statement relating to the Bonds is hereby approved and authorized. The City Administrator is hereby authorized to execute one or more certificates to the effect that such preliminary official statement and the Official Statement were deemed "final" as of their respective dates for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934, and is authorized to so deem such statements final. Section 5. The City hereby covenants, for the benefit of the Bondowners, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest or principal of the Bonds, said foreclosure action to be commenced and pursued as more completely set forth in the Fiscal Agent Agreement. Section 6. The proposed form of acquisition agreement (the "Acquisition Agreement") relating to certain of the improvements to be financed with the proceeds of -2- i l the Bonds, in the form presented to this City Council at this meeting, is hereby approved. The City Administrator is hereby authorized and directed to execute and deliver said Acquisition Agreement in substantially said form, with such additions thereto or changes therein as are recommended or approved by the City Administrator upon consultation with Bond Counsel (including such additions or changes therein as -are:necessary or advisable in accordance with Section 8 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of said Acquisition Agreement. Section 7. The Bonds, when executed, shall be delivered to the Fiscal Agent for authentication. The Fiscal Agent is hereby requested and directed to authenticate the Bonds by executing the Fiscal Agent's certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the City by the City Administrator, which instructions such officer is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Fiscal Agent. Such instructions shall provide for the delivery of the Bonds to the Underwriter in accordance with the purchase contract, upon payment of the purchase price therefor. Section 8. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the District and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this resolution, and any certificate, agreement, and other document described in the documents herein approved. Section 9. This resolution shall take effect from and after its adoption. -3- PASSED AND ADOPTED this 2nd day of July, 1990, by the following vote: AYES: NOES: ABSENT: CITY OF HUNTINGTON BEACH, CALIFORNIA By: Mayor ATTEST: By: City Clerk -4- i ,. 4 JONES HALL HILL WHITE, A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHARLES F.ADAMS FOUR EMBARCADERO CENTER HAROLD W.BANK' SUITE 1950 STEPHEN R.CASALEGGIO BRUCE R.COLEMAN SAN FRANCISCO, CA 94111 THOMAS A.DOWNEY (415) 391-5780 ANDREW C.HALL,JR. May 23 1990 KENNETH I.JONES Y , WII.LIAM H.MADISON FACSIMILE DAVID J.OSTER (415)391-5784 BRIAN D.QUINT (415)391-5785 PAUL J.THIMMIG SHARON STANTON WHITE (415)959-8308 •ADMITTED TO NEW YOBS AND DISTRICT OF COLUMBIA BARS ONLY ROBERT J.HILL(1922-1988) VIA FEDERAL EXPRESS To: Distribution RE: City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Enclosed are revised drafts of the following resolutions to be placed on the City Council's agenda for June 18th: 1. A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing the Levy of a Special Tax within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District; 2. A Resolution Determining the Necessity to Incur Bonded Indebtedness within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified Electors of the District; and 3. A Resolution Calling Special Election. The resolutions should be placed on the agenda in the order listed above, to be considered immediately following the holding of the public hearings to be held relative to the proposed Mello—Roos district. I assume that Art Folger will retype the resolutions in the proper City format, and supply them to the City Clerk for inclusion on the June 18th agenda. Rod Gunn needs to supply Art with the Rate and Method of Apportionment of the Special Taxes, to be included as Appendix B to the resolution listed as item 1 above. Also, prior to June 18th, Rod needs to forward to the City Clerk a copy of the final Community Facilities District Report, which the City Clerk should include in the City's records of the public hearings to be held on June 18th. If the resolutions are adopted on the 18th, the City Clerk should publish once in the local paper, as soon as possible after the 18th, the resolutions listed IJ f"Q To: Distribution May 23, 1990 Page 2 as 2 and 3 above. She should order two proofs of publication of each of the resolutions, one for her files and one to be forwarded to the undersigned. If the resolutions are adopted on the 18th, I will supply the property owners and the City Clerk with the ballot materials for the election to be held on July 2nd. It may be appropriate to schedule a conference call or all—hands meeting after the 18th, to plan the remaining actions that must occur to issue the bonds. If the resolutions are not adopted on the 18th, I will forward to Art Folger an appropriate resolution abandoning the proceedings for adoption at the July 2nd City Council meeting. If you have any questions regarding the enclosed resolutions, please give me a call. Very truly yours, Paul J. himmig Enclosures PJT:slc:J7765 ' 1801tJ-30 .JIUMMTsic 05/10/90 J7377 05/23/90 CITY OF HUNTINGTON BEACH PROPOSED COMMUNITY FACILITY DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) DISTRIBUTION LIST (May 23, 1990) CITY: UNDERWRITER: CITY OF HUNTINGTON BEACH CHILTON & O'CONNOR -Mr. Robert J. Franz -Mr. Tony Wetherbee Deputy City Administrator/ 1901 Avenue of the Stars, Suite 1400 Administrative Services Los Angeles, California 90067 -Mr. Louis F. Sandoval, (213) 203-0966 Director of Public Works (213) 201-5091[FAX] -Mr. Robert E. Eichblatt, City Engineer -Mr. Dan T. Villella, FINANCL4L CONSULTANT. Director of Finance -Ms. Connie Brockway, GRC MUNICIPAL FINANCE, INC. City Clerk -Mr. Rod Gunn -Mr. Arthur J. Folger, Principal Deputy City Attorney 3010 Old Ranch Parkway, Suite 330 2000 Main Street Seal Beach, California 90740 Huntington Beach, CA 92648 (213) 598-7677 (714) 536-5236[Franz] (213) 431-5446 [FAX] (714) 536-5432[Sandoval] (714) 536-5431 [Eichblatt] (714) 536-5228[Villella] BOND COUNSEL: (714) 536-5404[Brockway] (714) 536-5555[Folger] JONES HALL HILL & WHITE -Paul J. Thimmig, Esq. (714) 536-4182[Franz FAX] Four Embarcadero Center, Suite 1950 (714) 536-6473 [Sandoval FAX] San Francisco, CA 94111 (714) 536-6473 [Eichblatt FAX] (415) 391-5780 (714) 536-4182[Villella FAX] (415) 391-5784[FAX] (714) 536-4693 [Brockway FAX] (714) 536-4693 [Folger FAX] DEVELOPER: THE DAHL COMPANY -Mr. David Dahl -Mr. Ron McDevitt 505 Park Avenue Balboa Island, CA 92662 (714) 673-0127 (714) 723-0269[FAX] 1 18019-30 JHHW:P.IT:slc 04'18 J7642 05'05'90 05/23/90 RESOLUTION NO. A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) RESOLVED by the City Council of the City of Huntington Beach (the "City") that: WHEREAS, on May 7, 1990, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to form Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") the provisions of which Resolution of Intention are incorporated herein by this reference as if fully set forth -herein, and on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention and at said hearing evidence was presented to this City Council on said matters before it, including a report by the Director of Public Works, or his designee (the "Report") as to the facilities and services to be provided through the District and the costs thereof, a copy of which is on file with the City Clerk, and written protests with respect to the formation of the District, the furnishing of specified types of facilities and services and/or the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and the special tax proposed to be levied in the District has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. All prior proceedings taken by this City -Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. The community facilities district designated "Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)" of the City is hereby established pursuant to the Act. 5. The boundaries of the District, as set forth in the map of the District heretofore recorded in the Orange County Recorder's Office in Book 52 at page 9 of Maps of Assessment and Community Facilities.Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. 6. The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the "Facilities"), and those items listed as services on Exhibit A (the "Services"), respectively. 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes., - The proposed rate and method of apportionment.of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the -proposed District to estimate the probable. maximum amount such owner will have to pay, are described in Exhibit B attached hereto,and by this reference incorporated herein. 8. It is hereby found and -determined that the Facilities and Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in.the District. 9. The Director of Finance of the City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648, telephone number (714) 536-5228 is the officer of the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Act. .10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. 11. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of .the California Constitution, of the District is hereby preliminarily established at $8,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. -2- The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be. adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. 12. Pursuant to the provisions of the Act, the proposition of the levy of the special .tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council. PASSED AND ADOPTED this 18th day of June, 1990, by the following vote: AYES: NOES: ABSENT: CITY OF HUNTINGTON BEACH, CALIFORNIA By: Mayor ATTEST: By: City Clerk —3— 3 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO.. 1990-1 (GOLDENWESVELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Golden West Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Quarterhorse Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Saddleback Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Improvements to Edwards Street in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the District, including related improvements. Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District, including any related work. Fire station improvements,including construction and related costs. Acquisition of emergency vehicle traffic interruption devices. A-1 v SERVICES TO BE PROVIDED Police and Fire protection services, Paramedic services, in each case in addition to those currently provided in the District. OTHER Costs of engineering, design, planning and coordination related to the above-listed facilities. Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the City-and the Bond trustee or fiscal agent related.to the District and the Bonds. A-2 5 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 1990-1" (GOLDENWEST/ELLIS AREA) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX B-1 18519-30 JHHW:PJT:slc 04/18/90 J7641 05/05/90 05/23/90 RESOLUTION NO. A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No. 1990-1 (Goldenwest/Ellis Area). RESOLVED, by the City Council of the City of Huntington Beach (the "City") that: WHEREAS, on May 7, 1990, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of Intention") stating its intention to form Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), of the City pursuant to the Mello-Roos Community Facilities Act of 1982,' as amended (the "Act") and a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed 'Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention, and on this date, this City Council held a noticed public hearing as required by the Act and at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of said facilities (the "Facilities") and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held, and subsequent to said hearing this City Council adopted a resolution entitled "A Resolution Of Formation Of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit For The District And Submitting Levy Of The Special Tax And The Establishment of The Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of Formation") and on this date, this City Council also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness and no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. R1 . T NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The foregoing recitals are true and correct. 2. It is necessary to. incur bonded indebtedness in the maximum aggregate principal amount of$2,900,000 within the boundaries of the District. 3. The indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the initial costs of the City in administering the District. 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of Formation. 5. The maximum amount of bonded indebtedness to be incurred is $2,900,000 and the maximum_term of the bonds to be issued shall in no event exceed forty (40) years. 6. The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or in such other manner as this City Council or its designee shall determine, .the actual rate or rates and times of payment of such interest to be determined by this City Council or its designee at the time or times of sale of said bonds. 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated-with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5 of the Act. The time, place and conditions of said election shall be as specified by separate resolution of this City Council. -2- PASSED AND ADOPTED this 18th day of June, 1990, by the following vote: AYES: NOES: ABSENT: CITY OF HUNTINGTON BEACH, CALIFORNIA By: Mayor ATTEST: By: City Clerk -3- rM 18019-30 JHHW:PJT:slc 04/18/60 J7643 05/05/90 05/23i90 - RESOLUTION NO. A RESOLUTION CALLING SPECIAL ELECTION Community Facilities.District No. 1990-1 (Goldenwest/Ellis Area) RESOLVED, by the City Council of the City of Huntington Beach (the "City") . that: WHEREAS, on this date, this City Council -adopted a resolution entitled "A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the'Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, and a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate.principal amount of$2,900,000 upon the security of said special tax to be levied within the District;.and pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by the Mello—Roos Community Facilities Act of 1982, as amended (the "Act"). NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors_of the District at an election called therefor as provided below. 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. 3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said.landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. 4. This City Council hereby calls a special election to consider the measure described in paragraph 2 above, which election shall be held on July 2, 1990 in the City Council Chambers. The City Clerk is. hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution.of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk prior to 7:30 p.m. on July 2, 1990; and when all of the qualified electors have voted the election shall be closed. 5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 are applicable. to this special election. 6. The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in-Exhibit "A" hereto. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner,-(b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. -7. The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers on and prior to 7:30 p.m. on July 2, 1990, whether said ballots be personally delivered or .received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. 8. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of.the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District. -There is on file with the City Clerk a written petition executed by the qualified electors of the District requesting a shortening of the .time for said special election to expedite the process of formation of the District. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. —2— ,4 9. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the . Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. PASSED AND ADOPTED this 18th day of June, 1990, by the following vote: AYES: NOES: ABSENT: CITY OF HUNTING_ TON BEACH, CALIFORNIA By: Mayor ATTEST: By: City Clerk -3- EXHIBIT A CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) OFFICIAL BALLOT SPECIAL TAX ELECTION (July 2, 1990) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid. envelope to the office of the City Clerk of the City of Huntington Beach no later than 7:30 p.m. on July 2, 1990, either by mail or in person. The City Clerk's office is located at 2000 Main Street, Huntington Beach, California, 92648. To vote, mark a cross (X) on the voting line 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. BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and Yes: issue bonds in the maximum aggregate principal .amount of$2,900,000, with interest at a rate or rates not to exceed the maximum interest rate No: permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "District"), the proceeds of which will be used to. finance certain public street, water, sewer, storm drain, traffic control and fire station . improvements and the undergrounding of utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of$8,000,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owner: By: Its: A-1 R t r AGREEMENT REGARDING ADVANCES BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID D. DAHL AND SOUTHWEST DIVERSIFIED, INC. FOR THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) OF THE CITY OF HUNTINGTON BEACH THIS AGREEMENT REGARDING SERVICES (the "AGREEMENT") is by and between the City Council of the City of Huntington Beach (the "CITY") , in its capacity as legislative body (the "LEGISLATIVE BODY") for the proposed Community Facilities District No. 1990-1 (Goldenwest/Ellis) of the City of Huntington Beach (the "DISTRICT") , and David D. Dahl, a sole proprietorship, and Southwest Diversified Inc. , a California General Partnership, (collectively, the "COMPANY") . WHEREAS, the COMPANY and others have submitted a Petition (Including Waiver) (the "PETITION") to the LEGISLATIVE BODY requesting the formation of the DISTRICT; and The DISTRICT is being formed to finance, among other improvements, the widening of Ellis Avenue including the acquisition of land therefor; and The COMPANY desires that the CITY proceed with the acquisition of land required in connection with the widening of Ellis Avenue, and is willing to advance the funds necessary to allow the CITY to acquire such land and to proceed with the formation of the DISTRICT provided that such funds so advanced are reimbursed to the COMPANY from the proceeds of any bonds issued by the CITY for the DISTRICT; and The LEGISLATIVE BODY and the COMPANY now desire to specify the terms of said advance and reimbursement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the -1- receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : SECTION 1. The Deposit; Additional Advances. The COMPANY hereby agrees to provide, in the form of a cashier ' s check payable to the CITY, $100, 000 . 00 (the "DEPOSIT") , to be used by the CITY to pay the costs of the acquisition of land necessary for the widening of Ellis Avenue in the vicinity of Goldenwest Street and other costs of the CITY in processing proceedings to form the DISTRICT (the "INITIAL COSTS") by delivering such amount to the CITY' S Finance Director . The LEGISLATIVE BODY, by its execution hereof, acknowledges receipt of said amount . The CITY Finance Director shall negotiate said check and hold the proceeds thereof in a segregated account to be disbursed as set forth below. The DEPOSIT may be commingled with other funds of the CITY for purposes of investment and safekeeping, but the CITY shall at all times maintain records as to the expenditure of the DEPOSIT. The COMPANY hereby agrees to advance any other amounts necessary to pay any INITIAL COSTS in excess of by the amount of the DEPOSIT incurred by the CITY promptly upon written demand therefore, by the CITY Finance Director; provided that the amount of the DEPOSIT plus any such advances shall not exceed $100, 000 . 00 without the prior expenses consent of the COMPANY. SECTION 2 . Use of Funds. The DEPOSIT shall be used solely as follows : (a) The CITY may draw upon the DEPOSIT from time to time to pay the INITIAL COSTS, including but not limited to: (i) the costs of the acquisition of land necessary for the widening of Ellis -2- Avenue in the vicinity of Goldenwest including all costs of the CITY related thereto (including any costs of litigation related to the condemnation of such land) , all as determined by the CITY in its sole discretion; and (ii) the fees and expenses of any consultants to the CITY (such as engineering, legal and financing consultants) employed in connection with the formation of the DISTRICT, costs of appraisals, studies and other reports necessary or deemed advisable by the CITY staff in forming the DISTRICT, costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the DISTRICT, any special tax to be levied or any bonded indebtedness thereof, the costs of any action prosecuted in the superior court to validate the formation of the DISTRICT, said special tax and or said bonded indebtedness, a reasonable charge, as determined by the LEGISLATIVE BODY in its sole discretion, for an allocable share of administrative expense with respect to CITY staff directly engaged in analyzing and participating in the DISTRICT formation and bond issuance proceedings, and any and all other costs and expenses incurred by the CITY with respect to the creation of the DISTRICT. (b) If the DISTRICT is formed and bonds are issued under the Mello-Roos Community Facilities Act of 1982 (the "ACT") by the LEGISLATIVE BODY secured by special taxes levied upon the land within the DISTRICT, the LEGISLATIVE BODY shall provide for reimbursement to the COMPANY, without interest, of all amounts charged against the DEPOSIT, said reimbursement to be made solely from the proceeds of such bonds and only to the extent otherwise permitted under the ACT. On the date of issuance and delivery of such bonds, the LEGISLATIVE BODY shall return the then unexpended -3- DEPOSIT to the COMPANY, without interest, less an amount equal to any costs incurred by the CITY or that the CITY is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid by the CITY. (c) If the qualified electors of the DISTRICT do not approve the proposed special tax to be levied on the property within the DISTRICT, the LEGISLATIVE BODY shall return the then unexpended DEPOSIT to the COMPANY, without interest less an amount equal to any funds which have been committed by the CITY by the time of the election to the payment of costs described in Section 2(a) . .If the election is successful and the DISTRICT is formed, but such bonds are not issued, the LEGISLATIVE BODY shall, as soon as practicable after adoption of the resolution stating the intent of the LEGISLATIVE BODY to terminate proceedings under the ACT with respect to the issuance of bonds for the DISTRICT, return the then unexpended DEPOSIT to the COMPANY, without interest, less an amount equal to any costs incurred by the CITY or that the CITY is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid by the CITY. SECTION 3 . Reimbursement of Other Company Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the COMPANY incurred in connection with the DISTRICT from the proceeds of such bonds . Any such reimbursement shall be made solely from the proceeds of such bonds and only to the extent otherwise permitted under the ACT and otherwise provided for, at the sole discretion of the LEGISLATIVE BODY, in the proceedings for the formation of the DISTRICT and the issuance of such bonds . -4- SECTION 4 . Agreement Not Debt or Liability of City. It is hereby acknowledged and agreed that this AGREEMENT is not a debt or liability of the CITY, as provided in Section 53314 . 9(b) of the ACT. The LEGISLATIVE BODY and the CITY shall in no event be liable hereunder other than with respect to a return of the unexpended and uncommitted portions of the DEPOSIT as provided in Section 2 above. The CITY shall not be obligated to advance any of its own funds with respect to the establishment of the DISTRICT or for any of the other purposes listed in Section 2(a) hereof . No member of the LEGISLATIVE BODY or officer, employee or agent of the CITY shall in any -event be personally liable hereunder. SECTION 5 . No Obligation to Form District. The provision of this AGREEMENT shall in no way obligate the LEGISLATIVE BODY to form the DISTRICT or to take any action with respect thereto. SECTION 6 . Severability. If any part of this AGREEMENT is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. SECTION 7 . Successors and Assigns. This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. SECTION 8 . Counterparts. This AGREEMENT may be executed in counterparts, each of which shall be deemed an original . -5- IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day and year written alongside their signature line below. DAVID D. D HL, THE CITY OF HUNTINGTON BEACH a Sole ro r' '-p a muni ipal corporation of the Stat o California By; I.. �.�. Mayor Its : By: Its ' SOUTHWEST DIVERSIFIED, INC. a California General Partnership By: Its ' ► r S 3° By: n Its : �+¢ ATTEST: APPROVED AS TO FORM: City Clerk /s/90 C' t Attorney y�P4 _q b fo REVIEWED AND APPROVED: I ITIATED APPROVED: r i y Administ for Directo of Public Works -6- i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 5, 1990 The Dahl Company 505 Park Avenue Balboa Island, CA 92662 i Attn: David Dahl The City Council of the City of Huntington Beach at the regular meeting held May 7, 1990, approved an Agreement regarding advances between the City of Huntington Beach and David D. Dahl and Southwest Diversified, Inc. , for the Proposed Community Facilities No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach. Enclosed is an executed copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc, (Telephone:714-536-5227) P 3LIC NOTICE I PUBLIC NONCE � PUBLIC NOTICE NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH Community Facilities District No.1990-1 (Goidenwest/Ellls Area) Notice is hereby given that on May 7, 1990,the City Council of the City of Huntington Beach adopted Resolution No, 6142 entitled "A Resolution Of Intention To Establish A Community Facilities District And to Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982."Pursuant to the Mello-Roos Community Facilities Act of 1982(The "ACT")the City Council hereby gives notice as follows: A.The text of said Resolution of Intention is as follows: i WHEREAS,The City Council of the City of Huntington Beach has adopted a resolution entitled "A Resolution Of The City Council Of The City Of Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Community Facilities District,Directing Initiation Of Proceedings Under The Mello-Roos Community Facilities Act Of 1982,And Approving An Agreement I Regarding Advances And Employing Consultants In Connection Therewith," wherein it expressed its desire to undertake proceedings pursuant to the Mello--Roos Community Facilities Act of 1982,as amended(the"ACT"),to form a community facilities district; and the City Council of the City of Huntington Beach now intends to commence formal proceedings under and pursuant to the ACT to form a community facilities district as provided below, NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the ACT. 2.The name proposed for the community facilities district is community facilities District No. 1990-1(Goidenwest/Ellis Area)(the"District"). 3.The proposed boundaries of the DISTRICT are as shown on the map of the DISTRICT on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded,said map of the boundaries of the DISTRICT in the office of the County Recorder within fifteen days of the date of adoption of this Resolution. 4.The type of public facilties and services proposed to be financed by the DISTRICT and pursuant to the ACT shall consist of those items listed as facilties on Exhibit"A"hereto and by this reference incorporated herein(the "FACILITIES"), and those items listed as services on Exhibit "A" (The "SERVICES"),respectively. 5.Except to the extent that funds are otherwise available to the DISTRICT to pay for the FACILITIES,the SERVICES and/or the principal and interest as it becomes due on bonds of the DISTRICT issued to finance the FACILITIES, a special tax sufficient to pay the cost thereof, secured by recordation of a continuing lien against all non-exempt real property in the DISTRICT, is intended to be levied annually within the DISTRICT,and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the DISTRICT, in sufficient detail to allow each landowner within the proposed DISTRICT to estimate the maximum amount such owner will have'to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein. ' 6.It is the intention of the City Council acting as the legislative body for the DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant to the ACT to finance in whole or in part the acquisition of the FACILITIES. Said bonds shall be in the aggregate principal amount of not to exceed $3,500,000.00, shall bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds,and shall mature not to exceed 40 years from the date of the issuance thereof. 7.The levy of said proposed special tax shall be subject to the approval of the qualified electors of the DISTRICT at a special election.The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed DISTRICT,with each owner having one vote for each acre or portion of an acre such owner owns in the DISTRICT. 8. Except as may otherwise be provided by law, all lands owned by any pubic entity,including the United States,the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the FACILITIES. In the event that a portion of the property within the DISTRICT shall become for any reason exempt, wholly or in part,from the levy of the special tax described in Exhibit"B,"the City Council will,on behalf of the DISTRICT, increase the levy to the extent necessary upon the remaining property within the DISTRICT which is not exempt in order to yield the required debt service payments and other annual expenses of the DISTRICT,if any,subject to any maximum special tax that may be levied. 9.The Director of Public Works of the City,as the officer having charge and control of the FACILITIES and the SERVICES in and for the DISTRICT,or his designee, is hereby directed to study said proposed FACILITIES and SERVICES and to make,or cause to be made, and file with the City Clerk a report in writing,presenting the following: (a)A description of the FACILITIES and SERVICES by type which will be required to adequately meet the needs of the DISTRICT. (b)An estimate of the fair and reasonable cost of financing the FACILITIES and providing the Service,Including the cost of acquisition of lands,rights-of• way and easements, any physical FACILITIES required In conjunction therewith and incidental expenses in connection with said financing,includ- Ing the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the ACT. Said report shall be made a part of the record of the public hearing provided for below. 10.The City Council,as legislative body for the DISTRICT,will conduct a public hearing on the establishment of the DISTRICT and consider and finally determine whether the public interest,convenience and necessity require the formation of the DISTRICT anti 1h@ levy of said special tax. Said public hearing shall be held on Monday, June 18, 1990, at 7:00 p.m., in the City Council Chambers,City Hall,2000 Main Street,Huntington Beach,California. 11.The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper publishd in the area of the DISTRICT.The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit"C" hereto. B. The time and place established under said Resolution for the public hearing required under the ACT are Monday,June 18, 1990 at 7:00 p.m.,in the City Council Chambers,.City Hall, 2000 Main Street, Huntington Beach, California. C.At said hearing,the testimony of all interested persons or taxpayers for or against the establishment of the DISTRICT,the extent of the DISTRICT or the furnishing of the specified types of FACILITIES will be heard.Any person interested may file a protest in writing as provided in Section 53323 of the ACT. It the owners of one-half or more of the area of land in the territory proposed to be included in the DISTRICT file written protests against the establishment of the DISTRICT and the protests are not withdrawn to reduce the value of the protests to less than a majority,the City Council shall take no further action to establish the DISTRICT for a period of and year from the date of said hearing,and if the majority protests of the landowners are only against the furnishing of a type or types of FACILITIES within the DISTRICT, or against levying a specified special lax, those types of FACILITIES or the specific special tax will be eliminated from the proceedings to form the DISTRICT. D. The proposed voting procedure shall be by special mail or hand- delivered ballot to the property owners within the territory proposed to be included in the DISTRICT. Dated:MAY 9, 1990 Donnie Brockway,City Clerk,City of Huntington Beach Published Orange Coast Daily Pilot May 17, 1990 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, September 29, 1961, and A-24831 June 11, 1963 STATE OF CALIFORNIA 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 ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa. County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published 4n the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: May 17, 1990 declare, under penalty of perjury, that the foregoing is true and correct. Executed on- May 17, , 199 0 at Costa Mesa, Califomia. lff&, Cru Signature 65 PROOF OF PUBLICATION 0 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A:9214, September 29, 1961, and A-24831 June 11,1963 c STATE OF CALIFORNIA County of Orange 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 -- PUBLIC NOTICE In order to finance said PUBLIC NOTICE (- principal clerk of the ORANGE COAST DAILY FACILITIES it is necessary to NOTICE OF incur bonded indebtedness on Monday,June 18, 1990, PILOT, a newspaper of general circulation, PUBLIC HEARING f+i n the' amount o f at 7:00 p.m., in the City CITY OF iITY 3 500,000.00. Council Chambers,City Hall,printed and published in the City of Costa Mesa, HUNTINGTON BEACH NOW,'THEREFORE, THE 2000 Main Street, Hunt(Communit ITY COUNCIL OF THE ington Beach,California. County of Oran e, State of California, and that Facllltlea y OF HUNTINGTON 5.The City Clerk is hereby `7 9 District BEACH HEREBY R E- directed to cause notice of attached Notice is a true and complete copy as No.1990-1 (!SOLVES AS FOLLOWS: said public hearing to be (Goidenwest/Ellis +I 1.It is necessary to incur,given by publication one Area bonded indebtedness within time in any newspaper of was printed and published.gin the Costa Mesa, Notice is hereby given that�Ithe boundaries of the;general circulation on May 7, 1990, the City iproposed Community Facili- circulated within the DIS- Newport Beach, Huntington Beach, Fountain Council of the City of Hunt-;ties District No., 1990-1 TRICT. The publication of ington Beach adopted Res-j(Goldenwest/Ellis Area)(the !said notice shall be com- Valley, Irvine, the South Coast communities and olution No.6143 entitled"A DISTRICT").in the amount i plated at least seven(7)days Resolution of intention To:of $3,500,000.00 to finance before the date' herein set Laguna Beach issues of said newspaper to wit Incur Bonded.Indebtedness the costs of the FACILITIES. `for said public hearing.Said of the'Pioposed Community). 2. The bonded indebted- notice shall substantially in i the issue(s) of. Facilities District No.1990-1:ness is proposed to be In- the form of Exhibit"A"here-+ (Goidenwest/Ellis Area) curred for the purpose of, to. 'Pursuant To The Mello-Roos financing the costs of the 8.The hearing referred to Community FacilitiesAct Ofl.FACILITIES, including ac-• in the aforesaid Resolution i 1982. Pursuant to the;quisition and improvements; shall be at the time and Mello-Roos Community ACT") the City Council Fa costs and all costs incidental place specified in said Res- -. Ma 17 199t) cilities Act of 1982 (the to or connected with the ac- olution. y r complishment, of said I C.At that time and place " ) i hereby gives notice as fol=•Purposes and of the firianc-; any person Interested, In- lows: 1 ing thereof,as permitted by! cluding persons owning A.The text of said Resol-i Sectioh 53345.3 of the ACT.; property In the area of the ution is as follows: 3.The City Council,acting proposed community facili- � WHEREAS,the City Coun-�as legislative body for the j ties district, will be heard cil of the City of Huntington)DISTRICT, intends toll upon the proposed debt' Beach has this date adopted(authorize the issuance and issue. its Resolution entitled "Al sale of bonds in the maxi-; Dated:May 9, 1990 Resolution of Intention to mum( aggregate principal ; Connie Brockway, City Establish a Community Fa- amount of not to.exceed I Clerk, City of Huntington cilities District and To $3,500,000.00, bearing Beach Authorize the Levy of interest payable semi-an-I Published Orange Coast Special Taxes Pursuant to nually or in such other man- Daily Pilot May 17,1990 the Mello-Roos Community net as this City Council shall Th4041. ' Facilities Act of 1982,"stat-!determine, at a rate not to I ing its intention.to form at exceed the maximum rate of I tcommunity facilities'district!interest as may be s pursuant to the Mello-Roos authorized by applicable law Community Facilities Act of at the time of sale of such 1982, as amended. (the bonds,and maturing not to "ACT"),Chapter 2.5 of Part exceed 40 years from the 1.of Division 2 of Title 5 of date of the issuance of said the California Government bonds. Code, for the purpose of 4. The City' Council, as declare, under penalty of perjury, that the financing the acquisition legislative body for the DIS- and/or construction of•cer- (TRICT,will conduct-a public foregoing is true and correct. tarn public Improvements iihearing on debt sue and a -pr posed (the "FACILITIES") and ;finally determine whether providing certain services, the public interest, conve- May 17 as further provided in said mence and necessity re uire Executed or!- , 199._ Resolution;and y q The.City Council esti- the issuance of bonds of the at Costa Mesa, California mated the amount required JCity for the DISTRICT. Said for the financing of the ac- public hearing shall be heard quisition and/or construc- tion of the FACILITIES to be ,the sum of $2,500,000.00;:and Signature PROOF OF PUBLICATION CITY OF HUNTINGTON BLEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 23, 1990 Paul J. Thimmig , Attorney at Law Jones , Hall , Hill & White Four Embarcadero Center Suite 1950 San Francisco, CA 94111 Pursuant to your request, enclosed are copies of Proof of Publications for the Mello Roos - Community Facilities District No 1990-1 in the City of Huntington Beach . Connie Brockway City Clerk CB:bt Enc. (Telephone: 714-536-5227) +M CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 18, 1990 Lee A. Branch, Recorder County of Orange P. 0. Box 238 Santa Ana, CA 92702 Transmitted herewith is the District Boundary Map filed pursuant to Resolution No. 6142 of the City of Huntington Beach. "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982." Please return a conformed copy to us. Connie Brockway, CMC City Clerk CB:me Enclosure 2137k (Telephone:714-536-5227) i SCALE' 1- . 200' PROPOSED BOUNDARY MAP SHEET I OF I COMMUNITY FACILITIESIDISTRICT NO . 1990- 1 I (GOLDENUESTLELLIS AREA? [ITT OF HUNTINGTON BFRCH COUNTY OF ORANGE. STATE OF CALIFORNIA PORTION OF THE SOUTHEAST GUARTER OF SECTION 34. TOWNSHIP 5 SOUTH. RANGE II WEST SAN BERNARDINO ME ft IDIAN IN THE RANCHO LAS BOLBAS. CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. ., I FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HYNTIN TON BERCN.CRLIFORNIA. THIS OF_//,dt�t p,199O. ELLIS AVENUE CITT CLEAN OF H 69.10'20•E 659.9a N 99.10'20•E 13 9.90 CITT OF HUNTINGTON BEACH N 09.10'20•E 659.95 N 09.10.201E 619.9a / _ - 1 BOUNDARIES CERTIFY THAT THE WITHIN MAP SHOVING N 213.01 ^' TENTATIVE PROPOSED BDARIES OF COMMUNITY FACILITIES iN 0.31'26•W "1•' - - TRACT 13269 - TRACT 14109 xF. DISTRICT N0. 1990-1'IGOLDENWESi/cLLIS AREA] OF OF THE CITF OF HUNTINGTON REACH,COUNTY OF ORANGE, E l7e.la =w STATE OF CALIFORNIA.WAS RPPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BER IUAT A REGULAR-VIEETING o eaT0674i 3 4 N e9.10-la'E 559.93 N THEREOF,HELD ON THE DRY OF e e G�y� w 7 e GTATIVEPflRCF MRP 90.182 8 m BYITS RESOLUTION ND.17M __ _ W oTRACT 13270 B9'10'18'f s3GD' o - CITY CLERK Gj < Z. CITY OF HUNTINGTON BEACH. 3 lU N 09.10.201E 660.05 _ N 99.10'20•E 550.03 TENTATIVE TRACT 14035 Ro - FILED THIS DAY OF 1990. AT THE n HOUR OF_O'CLOCK MINUTES. IN BOOK AT PAGE OF NAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER N 09.10'l4•E 668.10 TENTATIVE OF THE COUNTY OF ORANGE. STATE OF CALIFORNIA. TRACT 13439 COUNTY RECORDER OF COUNTY OF ORANGE DATA DELTA/BEARING RADIUS LEN./DIBT. TANGENT N 89.10-41•E 560.05 1 N 0.51.52•W t0.00 N e9.10'20•E 659.96 2 N 09.00.341E 40.00 3 N 0.2a'49•W 61.9a 4 21.55.04• %.00 21.42 10.6. N a9•10.20•E 103.00 N 0.49140•W 4.20 a N 89.10.20-E 77.00 e N 0.49'40•W 3.69 TENTATIVE 9 N a9.10'20•E 75.00 TRACT 13714 k 1 N 0.49'40•W D.45 N 0.49'40•W 0.49 N 59;10.201E 113.58 N e9.10'21•E 659.95 /O"3J JONES HALL HILL & W'HITE? 1 A PROFESSIONAL LAM' CORPORATION ATTORNEYS AT LAW CHARLES F.ADAMS FOUR EMBARCADERO CENTER STEPHEN R.CASALEGO10 SUITE 1050 THOMAS A.DOWNEY SAN FRANCISCO 94111 ANDBEW C. HALL,JR. 141$1 391-5780 BENNETR I.JOKES TE 7�� WILLIAM H.MADISON May (41a)a 7 1990 301-5 8 391-a784 DAVID J.OSTER gala 1 391-a78a BRIAN D.QUINT 14151 9a8-8308 PAUL J.THIMMIO SHARON STANTON WHITE ROBERT J. HILL U022-19881 VIA COURIER, To: Distribution RE: City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Elhs Area) Enclosed are revised drafts of the following documents for use in connection with the above-referenced transaction: 1. A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing the Levy of a Special Tax within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District; 2. A Resolution Determining the Necessity to Incur Bonded Indebtedness within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified Electors of the District; 3. A Resolution Calling Special Election; 4. A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Authorization; 5. An Ordinance of the City Council of the City of Huntington Beach Levying Special Taxes within Community Facilities District No. 1990-1 (Goldenwest/EUis Area); and 6. A Resolution Authorizing the Issuance of Special Tax Bonds of the City of Huntington Beach for Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Approving and Directing the Execution of a Fiscal Agent Agreement, and Approving Other Related Documents and Actions. To: Distribution May 7, 1990 Page 2 Also enclosed are initial drafts of an Acquisition Agreement and a Fiscal Agent Agreement for the financing, along with copies of the two resolutions of intention in the form submitted to the City Attorney for adoption on May 7th. Please contact the undersigned if you have any comments and/or questions with respect to any of the enclosed documents. We will be discussing the enclosed documents at the all-hands meeting scheduled for May 22nd at 9:00 a.m. at the City Hall. Following adoption of the resolutions on May 7th, the following must occur: 1. The City Clerk needs to publish the two notices of public hearing in the forms attached as Exhibits C and A to the two resolutions of intention. �j I go Publication should occur once in the local paper, as soon as practicable after May 7th, but in any event prior to June loth. The City Clerk should also order two proofs of publication of each of the two notices, one set for her files and one set to �o be sent to the undersigned. 2. The district boundary map needs to be recorded by the City Clerk in the County Recorder's office as soon as possible after May 7th, but in any event no later than May 22nd. The City Clerk should fill in the first two attestation clauses 5� on the map, the first to be completed with the date the map was filed with the City, and the second to be completed with the resolution number of the Resolution of Intention to Form the Mello-Roos District and the date to be May 7th, the date of adoption of that resolution. The book and page number where the map is recorded by the County Recorder should be communicated by the City Clerk to the undersigned. 3. Rod Gunn needs to circulate drafts of the Official Statement for the bonds, the bond purchase agreement and the Community Facilities District Report to all interested parties prior to our meeting scheduled for May 22nd. After the all-hands meeting on the 22nd, I will coordinate with the City Clerk with respect to the election. In the meantime, if you have any questions regarding any of the foregoing, please give me a call Very truly yours, Paul J. Thimmig Enclosures PJTalc:J7730 18019-029 JHHW:PJ1`slc 0411M J7377 • CITY OF HUNTINGTON BEACH i PROPOSED COMMUNITY FACILITY DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) DISTRIBUTION LIST (April 18, 1990) CITY: FINANCIAL CONSULTANT. CITY OF HUNTINGTON BEACH " GRC MUNICIPAL FINANCE, INC. —Mr. Robert J. Franz —Mr. Rod Gunn Deputy City Administrator/ Principal Administrative Services 3010 Old Ranch Parkway, Suite 330 —Mr. Arthur J. Folger, Seal Beach, California 90740 Deputy City Attorney (213) 598-7677 2000 Main Street (213) 431-5446[FAX] Huntington Beach, CA 92648 (714) 536-5236[Franz] (714) 536-5555[Folger] BOND COUNSEL: JONES HALL HILL & WHITE DEVELOPER: —Paul J. Thimmig, Esq. Four Embarcadero Center, Suite 1950 THE DAHL COMPANY San Francisco, CA 94111 —Mr. David Dahl (415) 391-5780 —Mr. Ron McDevitt (415) 391-5784[FAX] 505 Park Avenue Balboa Island, CA 92662 (714) 673-0127 (714) 723-0269[FAX] UNDERWRITER: CEMTON & O'CONNOR —Mr. Tony Wetherbee 1901 Avenue of the Stars, Suite 1400 Los Angeles, California 90067 (213) 203-0966 (213) 201-5091[FAX] f eTONES HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHART S F.ADAMS FOUR EMBARCADERO CENTER HAROLD W.BANH' NINETEENTH FLOOR STEPHEN R.CASALEOOIO BRUCE R.COLEMAN SAN FRANCISCO, CA 94111 THOMAS A.DOWNEY (418) 391-5780 ANDREW C.HALL,JR. KENNETH I.JONES WILLIAM H.MADISON FACSIMILE DAVID J.OSTER September 24, 1990 (415)391-5764 BRIAN D.QUINT (418)391-5785 PAUL J.THIMMIO (415)956-6308 SHARON STANTON WHITE •ADMITTED TO NEW YORE AND DISTRICT OF COLUMBIA EARS ONLY ROBERT J.HILL(1922-1988) To: All Transcript Recipients Re: $2,400,000 City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area). 1990 Special Tax Bonds Enclosed are copies of the following documents to be inserted into the Transcript of the captioned financing as indicated below: (a) Canvass and Statement of Result of Election held on July 2, 1990, to be inserted under index tab A15; (b) City Resolution No. 6173 entitled "A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Authorization, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted July 2, 1990, to be inserted under index tab A16; and (c) Reliance Letter to Fiscal Agent of Final Approving Legal Opinion of Jones Hall Hill & White, A Professional Law Corporation, to be inserted under index tab F4. Very truly yours, enda F. Bell Project Coordinator Enclosure EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) I hereby certify that on July 2, 1990, I canvassed the returns of the election held on July 2, 1990, in the Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full , true and correct . Qualified Landowner Votes Votes Cast YES NO Community Facilities District No . 42 42 42 1990-1 (Goldenwest/Ellis Area) of Z the City of Huntington Beach ' Special Tax Election, July 2, 1990 BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2, 500, 000 . 00, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds, the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $750, 000 . 00? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12th day of October 1990 . CITY CLERK -3- i f RESOLUTION NO. 6173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act" ) , this City Council on June 18 , 1990, adopted a resolution entitled "A Resolution Calling Special Election, " calling special election of the qualified electors within Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) of the City (the "District" ) , and pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "A" and this City Council has reviewed said canvass and hereby approves it . NOW, THEREFORE, IT I9 HEREBY ORDERED as follows : SECTION 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $2, 500, 000 . 00, the levy of a special tax within the District to be levied in accordance with the formula heretofore approved by this City Council by its resolution adopted June 18, 1990, entitled "A Resolution of Formation of Community Facilities GTE`t District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing Levy of a 1.5. ' Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the _1_ Qualified Electors of the District, " and the approval of an annual �f appropriations limit of $750, 000 . 00 pursuant to said resolution. SECTION 2 . Pursuant to said Canvass on file with the City Clerk, the issues presented at said special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election. SECTION 3 . Pursuant to said voter approval , the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in theses proceedings and in the Act . SECTION 4 . It is hereby found that all prior proceedings and actions .taken by this City Council with respect to the District were valid and in conformity with the Act . SECTION 5 . The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the >•. County of Orange a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the City Council of this resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July 1990 . �... Mayor - ATTEST: APPROVED AS TO FORM: City Clerk City Attorn y '16-�-� .r^ RE IEWED AND APPROVED: INI D PROVED: Ci y Adml istra o irector - Adminis at 've Services -2- I EXHIBIT A U CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) I hereby certify that on July 2, 1990, I canvassed the returns of the election held on July 2, 1990, in the Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct . Qualified . Landowner Votes Votes Cast YES NO Community Facilities District No . 42 42 42 "► 1990-1 (Goldenwest/Ellis Area) of is the City of Huntington Beach Special Tax Election, July 2, 1990 BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue bonds in the maximum aggregate principal amount of $2, 500, 000 . 00, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District") , the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds , the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $750, 000 . 00? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12th day of October 1990 . CITY CLERK -3- l' c� : . Res. No. 6173 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 2nd day of July 1990 by the following vote: AYES: Councilmembers: MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-ottic0ro Llerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. attest-�v-?-y,^ '�-� v.I9 90 CONNIE E3gr) IA1�C_.�..__.. City Clerk and Ex-cff cio C;ei;i cf e City Council a City of Huntington Beach, Cal. 4v........ Deputy ------ --------- - -- i{ a CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 f 2 I SHEET I OF ! C 6ju W�Q'Y' I PROPOSED BOUNDARY MAP Maybrice L.Etcheson N I T Y F A C I L I T I E S I D I S T R I C 1 NO . 1 9 9 0- 1 Deputy City Clerk (GOLDENUEST7ELLIS AREA] (714)536-5227 EITT OF HUNTINGTON BEACH COUNTY OF ORANGE. STATE OF CALIFORNIA PORTION OF THE SOUTHEAST QUARTER OF SECTION 34. , TOVNSHIP 5 SOUTH. RANGE It VEST SAN BERNARDINO MERIOIIN IN THE RANCHO LAS BOLSAS. CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. .. I 1 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HUNTIN TON BERCH.C.RLIFORNIR. THIS OF J �,1990. ELLIS AVENUE CITY CLERK OF ' N 09.10.20-E 659.98 N 69.10'20-E 13 9.9e CITY OF HUNTINGTON BEACH N 89.10.20-E 659.95 N D9.10'20-E 619.90 1 ' I nER"cBY CERTIFY THAT THE .=iF-:M NAP SHOV I.Nt;' ry 213.01 o'T„"�' - TENTATIVE PROPOSED BOUNDAR IFS.OF COMMUNITY FACILITIES x o•51.26-v ,TRACT I3269 9:r DISTRICT 14 19g0-I'IGOLDEN="S ELLIS AREAL / TRACT 14109 OF THE CITT OF HUNTINGTON BERM,COUNTY OF ORANGE, 126.15 �E, _ �w STATE OF CALIFORNIA.WAS RPPROVED BY THE CITY COUNCIL ' L 218.16 e� OF THE CITY OF HUNTINGTON BER 1AT R REGULAR V� EETING _ 0 5B9'NT3r J ' / N 69.10-15'E 559.93 oy THEREOF,HELD ON THE DAY w - 1 e e 1990. w 8 9 T e TENTRTIVE PRRCE MRP 90-IB2 8 m BY ITS RESOLUTION NO. H 1 ? x n 99.10'IB"E e9A.92 W 3 N O'ST1A"W WE'EW( G%= a - TRACT 13270 - SOD"IB'E JR DD o _ MIT MAY, CITT OF HUNT INGTON BEACH D, Recording Requested by: The City cf 0 w N D9.10.20-E 660.06,I 4 N D9.10-20-E 650.03 Huntington Beach. Inst.# O-d67 .ajo TENTATIVE ;h I Proposed Boundry Comm. Fac. Dist. TRACT 14035 - ►o NO•I9 O-1 c "! FILED T IQ 1.()-DAY OF 111AZ . 1990. AT THE HOUR OF :QQLOCK Z�MINUTES. IN B00.Y S.y�- AT PAGE OF MAPS OF ASSESSMENT AND COMMU TY i FACILITIES D STRICTS IN THE OFFICE OF THE COUNTY RECORDER N e9.10.14-E 660.10 TENTATIVE OF THE COUNTY OF ORANGE. STATE OF CALIFORNIA. i ' TRACT 13439 _ Fee: -$,6.OO Lee A: Branch - COUNTY RECORDER OF COUNTY ORANGE DATA w:c DELTA/BEARING WIM LEH.MIST. TANOENT 1 N 89.10'11'E 660.05 1 N 0.51'S2-V 4.M D put y r N 09.10'20-E 659.96 2 N 09.00'J4-E 40.00 N 0.26'49-V 4 21.35.04' 56.00 21.42 i0.04 t _ D N 09•10'20-E 103.00 /( 1�I e N 0.40-V e.0 N I N 89.10'20.20-E )).00 e N 0.49.40-V 3.69 TENTATIVE 9 N 09.10'WE 76.00 TRACT 13714 110.49.40-V 0.45 'v 11 N 0.49'40 ' N 89.10'20-E-E 113.SB d N 69•10'21-E 559.95 I ^ R G A ROD GUNN A S S O C I A T E S, I N C. ti G ✓ �i %aC� June 27, 1990 VIA FAX G� Connie Brockway j City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: City of Huntington Beach Community Facilities District BNo. 1990-1 (Goldenwest/Ellis Area) Dear Connie: Enclosed please find Exhibit B to the Resolution of Formation on the above- referenced bond issue which was approved by the City Council on Monday night, June 25, 1990, pursuant to the request of Paul Thimmig. If you should have any questions, please do not hesitate to contact me. Sincerely, 9162Z Rod Gunn RoD GUNN 3010 OLD RANCH PKWY SUITE 330 SUZAN\E QU!�N'. CPA SEAL BEACH, CA 90740-2750 UNDA DUFFY 213-598-7677 FAX 213-431-5446 F/ . y In addition, enclosed is a copy of the definitive Bond No. R-1 for your review and comment. All parties are requested to advise the undersigned no later than 3:.00 p.m. on Monday, August 6, with any comments on said definitive Bond. CITY and CITY ATTORNEY 1. Arthur J. Folger, Esq., City Attorney, is requested to prepare and deliver to Ms. Sally Danekas, of this office, at the signing session on Tuesday, August 7, five (5) originally \� executed copies of the opinion required pursuant to Section 9(c) of the Purchase Contract, the v� form of which is enclosed as Item B11. Please note that said opinion is to be dated the date of Closing, August 9, 1990. -1 2. Ms. Connie Brockway has heretofore been requested to prepare five (5) certified opies of each of the documents listed below and deliver same to Ms. Danekas at the signing session to be held on Tuesday, August 7: V(a) Resolution No. 6141 entitled "A Resolution of the City Council of the City of Huntington Beach Acknowledging Receipt of Petition for Establishment of Community Facilities District, Directing Initiation of Proceedings Under the Mello-Roos Community Facilities Act of 1982, and Approving an Agreement Regarding Advances and Employing Consultants in Connection Therewith, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted April 3, 1990; �(b� Petition (Including Waiver) Regarding Proceedings Under the Mello-Roos Community Facilities Act of 1982; �(E) Agreement Regarding Advances Between the City of Huntington Beach and David D. Dahl and Southwest Diversified, Inc. (collectively, the "Company") for the Proposed Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach; i off Resolution No. 6142 entitled "A Resolution of the City_Council of the City of Huntington Beach of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted May 7, 1990; (e) Proof of Publication of Notice of Public Hearing in the Orange Coast Daily Pilot to be held June 18, 1990, as required by Section 11 of the City's Resolution No. 6142; (f) Community Facilities District No. 1990-1 (Goidenwest/Ellis.Area) Report, dated June 7, 1990; ag)' Resolution No. 6143 entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No. 1990-1 N (Golden west/Ellis Area) Pursuant to the Mello-Roos Community Facilities Act of 1982, Community Facilities District No. .1990-1 (Goldenwest/Ellis Area)", adopted May 7, 1990; f (h) Proof of Publication of Notice of Public Hearing in the Orange Coast Daily Pilot to be held June 18, 1990, as required by Section 5 of the City's Resolution No. 6143; oif Resolution No. 6161 entitled "A Resolution of Formation of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted June 18, 1990; Resolution No. 6162 entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1990- 1 (Goldenwest/Ellis Area) and Submitting Proposition to the Qualified Electors of the District, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted June 18, 1990; jkt Resolution No. 616$ entitled A Resolution Calling Special Election, Community Facilities District No. 1990-1 (GoldenwesVEllis Area)", adopted June 18, 1990; Proof of Publication of Resolution No. 6163 in the Orange Coast Daily Pilot, pursuant to Section 9 thereof; ,(M) Official Ballot/Special Tax_Election held on July 2, 1990; ,(nr Return Envelope(s) for the Official Ballot/Special Tax Election held on July 2, 1990; V(d� Canvass and Statement of Result of Election held on July 2, 1990; Resolution No. 6173 entitled "A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Authorization, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted July 2, 1990; �(q) Notice of Special Tax Lien (recorded in the Orange County Recorder's Office on July 12, 1990, as instrument number 90-368665), pursuant to Section 5 of the City's Resolution No. 6173; Resolution No. 6174 entitled "A Resolution of the City Council of the City of Huntington Beach Authorizing The Issuance of Special Tax Bonds of the City of Huntington Beach for Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), Approving and Directing the Execution of a Fiscal Agent Agreement, and Approving Other Related Documents and Actions, Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", adopted July 2, 1990; L(s) Ordinance No. 3050 entitled "An Ordinance of the City Council of the City of Huntington Beach Levying Special Taxes Within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area)", enacted July 16, 1990; and 10B CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Robert Franz From Connie Brockway Deputy City Admistrative/ City Clerk Administrative Services Subject MELLO ROOS TAX 2% INCREASE ELIMINATED Date July 18, 1990 By THE CITY COUNCIL At the June 25, 1990, meeting the Council eliminated the 2% increase and on June 27, 1990 the Bond Counsel sent the new page to be inserted. However, it still references 2%. Would you check with Bond Counsel to see if they sent the , correct insert? I've attached the minutes and the new pages sent by Bond Counsel. CB:pm CC: City Administrator Attachments: Minutes Faxed Revised Insert c. _ y— i R U n1 A s s O c i A 7 t ti, i n C. June 27, 1990 VIA FAX Connie Brockway Citv.Clerk City of Huntington Beach '1000 plain Street Huntington Beach; CA 92648 Re: City of Huntington Beach Community Facilities District B o. 1990-1 (Golden west/Ellis Area) Dear Connie: Enclosed please find Exhibit B to the Resolution of Formation on the above- referenced bond issue which was approved by the City Council on 'Monday night, June 25, 1990, pursuant to the request of Paul.Thimmig. If you should have any questions, please do not hesitate to contact me. Sincerely, Rod Gunn Roll Gj" PI10 OLD RANCH Pci! SUITE 230 � I1•.i (Jun\, 11_.11. fll:A t.11, CA Yv:le.2750 0!.1.5 11�-5a8.7677 111 ,13..13 1.3 41b CITY OF HUNTINGTON BEACH COMMUNITY FACHATIES F)ISrrRICT NO. 1990-1 (Goldenwest/Ellis Area) AT' ACHhIENT I Fiscal Year iVlaxirllunl h nd June 30 Special Tax 1991 $264,000 1992, 269,280 1993 274,666 1994 280:159 1995 285,762 1996 291,477 1997 2971307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328,25L 2003 334,816 200.1 341 ,512 2005 348,342 2006 355,309 2007 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,Z90 2012 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2018 450,618 2019 459,630 2020 468,823 2021 and Previous Piscal Year Thereafter Increased by 2% 3 The foregoing instrument is a correct copy of the original on file in this office. Attest (0 19-40 CONNIF AY City Cie.r K'. and Ex-off icio Clerk of the City Council of City of Huntington Beach, Cal. y D�epuh r� RESOLUTION NO. 6173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING RESULTS OF SPECIAL ELECTION �:. AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act" ) , this City Council on June 18 , 1990 , adopted a resolution entitled "A Resolution Calling Special Election, " calling special election of the qualified electors within Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) of the City (the "District" ) , and pursuant to the terms of said resolution, which are by this reference incorporated herein, said special i election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "A" and this City Council has reviewed said canvass and hereby approves it . NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $2 , 500 , 000 . 00 , the levy of a special tax within the District to be levied in accordance with the formula heretofore approved by this City Council by its resolution adopted June 18 , 1990, entitled "A Resolution of Formation of Community Facilities `a District No . 1990-1 (Goldenwest/Ellis Area) , Authorizing Levy of a `< Special Tax Within the District, Preliminarily Establishing and Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the -1- Qualified Electors of the District, " and the approval of an annual appropriations limit of $750, 000 . 00 pursuant to said resolution. :i SECTION 2 . Pursuant to said Canvass on file with the City _ 1 Clerk, the issues presented at said special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election. SECTION 3 . Pursuant to said voter approval , the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in theses .proceedings and in the Act . SECTION 4 . It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act . SECTION 5 . The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Orange a notice of special tax lien in the form required by the Act , said recording to occur no later than fifteen days following adoption by the City Council of this resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July 1990 . �.. . Mayor ATTEST: APPROVED AS TO FORM: A �J City. Clerk City Attorn 6y RE IEWED AND APPROVED: INI )uD PROVED: Ci y Administra o irector -f `Adminis r`at ' ve Services -2- EXHIBIT A I CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) I hereby certify that on July 2, 1990 , I canvassed the returns of the election held on July 2 , 1990, in the Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) .of the City of Huntington Beach and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full , true and correct . Qualified Landowner Votes Votes Cast YES NO Community Facilities District No . 1990-1 • (Goldenwest/Ellis Area) of the City of Huntington Beach Special Tax Election, July 2 , 1990 BALLOT MEASURE: Shall the City of Huntington Beach incur an indebtedness and issue- bonds in the maximum aggregate principal amount of $2 , 500, 000 . 00 , with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of .such bonds on behalf of Community - Facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "District" ) , the proceeds of which will be used to finance certain public street, water, sewer, storm drain, traffic control and fire station improvements and the undergrounding of utilities ; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds , the costs of the City in providing additional police and fire protection services and paramedic services within the District and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $750 , 000 . 00? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this C� day d of 1990 . - i CITY CLERK -3- • Res. No. 6173 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 2nd day of July 19 90 by the following vote: AYES: Councilmembers: MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers : None • City er and ex-offlCro Clerk of the City Council of the City of Huntington Beach, California i he foregoing instrument is a correct c,W of the origi al on file in this office. Attest �2 19 w .............................. .....�... CON�11 BROCKWAY City Clerk and Ex-officio-Clerk of the City Council a City gf,Hu tington Beach, Cal. 9V... - Deputy 1 EXHIBIT B As of 06/07/90 t "REPORT" Pursuant to the provisions of Section 53321.5 of the Government Code and Resolution No. 6142 of the City of Huntington Beach Adopted May 7, 1990 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ehs Area) SPECIAL TAX BONDS 1990 SERIES A HUNTINGTON BEACH, CALIFORNIA JUNE 7, 1990 SUBMITTED BY: DIRECTOR OF PUBLIC WORKS Prepared On Behalf of the Director of Public Works by ROD GUNN ASSOCIATES, INC. 3010 Old Ranch Parkway Suite 330 Seal Beach, CA 90740 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT No. 1990-1 (Goldenwest/Ellis Area) z. . Table of Contents Pagge Submittal Sheet iii Part I General Description of Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) 1 Part 11 General Description of the Public Improvements to be Constructed or Acquired 3 Part III Estimate of the Costs to Construct the Public Facilities 5 Part IV Rate and Method of Apportionment of the Special Tax 8 Part V Estimated Costs of Administering the District 11 Part VI Estimated Funds Available for Community Services 12 Debt Service Schedules Appendix A ii To: City Council, City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area), "Report" Pursuant to the Provisions of Section 53321.5 of the Government Code and Resolution No. 6142 of the City of Huntington Beach Pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982,as amended(the "Act"), being Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the Government Code of the State of California, and in accordance with the Resolution of Intention to establish a Community Facilities District and to authorize the levy of a Special Tax being Resolution No. 6142 (the "Resolution"), adopted on May 7, 1990 by the City Council of the City of Huntington Beach,State of California,in connection with the proceedings for CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT No. 1990-1 (Goldenwest/Ellis Area) (hereinafter referred to as the "District"), the undersigned submits herewith the Report for the District. Dated this day of June, 1990. J CTOR O"NGTONBEACH OF HU � By: Louis F, andoval iii CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) " REPORT" PART I GENERAL DESCRIPTION Information in this section regarding the District, the Developer, and the proposed Development is included because it is considered relevant to the drafting and evaluation of the Rate and-Method of Apportionment of the Special Tax. Although substantial planning and engineering have been completed for properties within the District, no assurance can be given as to the extent of such development and if and when the proposed Development will be completed. Furthermore, the following information regarding the the proposed Development was provided by the Developer and neither the City nor the Financing Consultant/Special Tax Consultant have independently verified the accuracy of such information. COMMUNITY FACILITIES DISTRICT NO. 1990-1 General Location The District consists of three (3) noncontiguous areas within the City of Huntington Beach, California generally located south of Ellis Avenue between Edwards Street and Goldenwest Street. The three areas are in the process of being subdivided and developed for single family homes by a single developer, The Dahl Company. Tract maps have been filed for the entire area in the District. These include Tracts 13269, 13270 and Tentative Tracts 14035, 13714, 13439, 14109 and 90-182. The property within the District is currently under seven (7) separate ownerships. The Developer anticipates acquiring all the property in the District. The legal description and boundary map for the District,preliminarily approved and designated in the Resolution,is on file with the City Clerk of the City of Huntington Beach. Property Owners within the District 1. Central Park#8,A California Limited Partnership, David D. Dahl, General Partner, 505 Park Avenue,Balboa Island,CA 92662. 2. Central Park #12, A California Limited Partnership, David D. Dahl, General Partner, 505 Park Avenue,Balboa Island,CA 92662. 3. Central Park #15, A California Limited Partnership, David D. Dahl, General Partner, 505 Park Avenue,Balboa Island,CA 92662. 4. Southwest Diversified, A California General Partnership, William D. Foote, President, 18400 Von Karman,Suite 400,Irvine,CA 92715 5. Emil Walter Plegel and Ruby Lucille Plegel, Trustees, 7071 Thomas Street, Buena Park, CA 90621. 6. Audrey DeNubila Panabaker, Virginia May Denubila, 11728 Chaparal Street, Los Angeles,CA 90049. 7. William Landis,1901 Avenue of the Stars,Suite 1060,Los Angeles,CA 90067. . 1 Developer The Dahl Company,505 Park Avenue,Balboa Island,CA 92662. Proposed Development within the District The area within the District consists of 36 acres and has been approved by the City for the development of 113 single family detached homes. The Developer currently has 26 homes under construction. The Developer currently anticipates the selling price of the homes to be as follows: No.of Lots Selling Price _ 18 $ 678,199 12 746,595 27 772,888 14 761,968 12 843,503 30 824,150 113 $87,548,786 Average Value: $774,768 Valuation of Property within the District The property within the District has not been independently appraised. The full cash value established by the Orange County Appraiser or the latest sales price, whichever is the higher is as follows: Assessor's Parcel No. Full Cash Value Sales Price As of 110-186-15 $ $ 25,000 09/89 591-391-01 1,729,920 05/88 591-391-02 833,000 02/89 591-391-03 68,990 02/89 591-391-04 69,619 02/89 110-200-04 3,000,000 10/89 110-200-05 3,000,000 10/89 110-200-10 19,256 10/89 110-200-11 41,131 10/89 110-200-15 6,500,000 08/89 110-200-16 6,500,000 08/89 110-200-23 3,000,000 10/89 110-210-01 92,491 02/77 110-210-02 300,000 10/88 110-210-04 27,540 01/88 TOTAL $25,206,947 The ratio of the Assessor's full cash value to the proposed principal amount of Bonds is 10.61 to 1. Maximum Annual Special Tax The proposed maximum annual Special Tax within the District is $264,000 in fiscal year 1990/91 and increases 102% of the maximum annual Special Tax in the prior fiscal year each fiscal year thereafter. It is proposed that the Special Tax be paid equally by each of the 113 homes. For the 1990/91 fiscal year, the maximum Special Tax would equate to $2,336.28 per home. Based upon the average home value,the total tax rate would be 1.40724 including the Special Tax rate of.30155. Amount of Bonded Indebtedness The proposed maximum bonded indebtedness is$2,500,000. 2 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) "REPORT" PART II GENERAL DESCRIPTION OF THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED OR ACQUIRED A Community Facilities District may, pursuant to State law, provide for the purchase, construction,expansion or rehabilitation of any real or tangible property with an estimated useful life of five (5) years or longer. The public facilities proposed to be financed need not be physically located within the proposed community facilities district. In addition, the developer may finance the incidental costs as defined in the Act and the Resolution and the costs of issuance of the Bonds. The Resolution authorizes the District to construct or acquire the following public improvements. 1. Improvements to Ellis Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. . 2. Improvements to Goldenwest Avenue in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. 3. Improvements to Quarterhorse Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. 4. Improvements to Saddleback Lane in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. 5. Improvements to Edwards Street in the vicinity of the District, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. 6. Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the District,including related improvements. 7. Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the District,including any related work. 8. Fire station improvements,including construction and related costs. 9. Acquisition of emergency vehicle traffic interruption devices. 3 PROPOSED SERVICES TO BE FINANCED BY THE COMMUNITY FACILITIES DISTRICT The Act provides that a Community Facilities District may finance certain specified services within the boundaries of the District. The Community Facilities District may only finance services that are in addition to services that were provided to the District prior to the District being created. Those additional services proposed to be financed in part by the District are as follows: 1. Police and Fire protection services, Paramedic services, in each case in addition to those currently provided in the District. INCIDENTIAL EXPENSES FINANCED BY THE COMMUNITY FACILITIES DISTRICT 1. Costs of engineering, design, planning and coordination related to the above-listed facilities. 2. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest,bond counsel and all other incidental expenses. I. Administrative fees of the City and the Bond trustee or fiscal agent related to the District and the Bonds. 4 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) "REPORT" PART III - ESTIMATE OF THE COSTS TO CONSTRUCT THE PUBLIC FACILITIES Pursuant to Section 53321.5 of the Act and the Resolution, the following section contains estimates of the costs to construct the public facilities and the incidental costs associated with the issuance of the Bonds. Bonds are proposed to be issued based upon these estimates. Prior to the delivery of the Bonds, the developer will enter into an acquisition agreement with the City in which the developer agrees to pay any costs overruns. The City's Engineer has reviewed the reasonableness of the costs estimates. The facilities described below are facilities which the the District is authorized to construct and which are required to adequately meet the needs of the District. SUMMARY OF ESTIMATED INITIAL BOND CAPACITY AND COSTS OF THE PUBLIC FACILITIES A summary of estimated Bond size and the estimated costs of constructing and financing the public facilities within the District are shown on the following table. Sources Bond Proceeds $2.375.000 Uses of Funds Underwriter Discount(1.75%) $ 41,563 Costs of Issuance 115,000 Capitalized Interest 201,957 Debt Service Reserve 190,000 Improvement Fund 1,826,480 Subtotal $2,375,000 Reserve for Market Conditions 125,000 TOTAL $2,500,000 5 SUMMARY OF CONSTRUCTION COSTS The following construction cost summary was provided by the developer. Land Costs $ 110,118 Construction Related Costs Police&Fire $ 50,000 Offsites 1,523,422 Indirect Costs 15,933 General Administration 126,937 Total Construction $1,716,292 TOTAL $1,826,480 CONSTRUCTION COST DETAIL Land and Acquisition Costs Land Cost-Ency $ 99,000 Escrow 495 Title 693 Legal Costs 10,000 Total $ 110,188 Police&Fire Facilities and Equipment $ 50,000 Offsite Construction-Land Development Demo&Grubbing $ 16,526 Survey 20,000 Grading-Cut/Fill 91,731 Grading-Import 46,688 Sewer Manholes 27,500 Sewer 8 Inch 19,099 Water 12 Inch 31,590 Water 8 Inch 151,000 Water 6 Inch 29,760 Fire Hydrants 48,000 Hot Taps 12 Inch 10,000 Hot Taps 8 Inch 12,000 Valves 8 Inch 20,925 Valves 12 Inch 6,375 Blow Off Assembly 11,900 Bends 8 Inch 1,300 Drainage Facility 262,454 Curb&Gutter 38,430 Rolled Curb 27,520 Sidewalks 47,850 Concrete Aprons 38,021 Asphalt Paving 274,872 Street Base&Grading 68,718 Asphalt Paving Rep 15,120 6 Offsite Construction-Land Development(Continued) Stripping 9,099 Street Signs 2,600 Barricades 4,800 Undergrounding 117,000 Contingencies 72,544 Total $1,523,422 Indirect Costs Temporary Toilets $ 2,400 Temporary Power 2,400 Construction Shack 1,800 Field Office Expense 1,200 Telephone 1,800 Water Truck 3,200 Contingencies 3,133 Total $ 15,933 General Administration Supervision $ 45,000 Office Overhead 6,000 General Contractor 60,937 General Labor 15,000 Total $ 126,937 7 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) "REPORT" PART IV RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX The Special Tax is to be levied by the Finance Director of the City on behalf of the District each Fiscal Year on all parcels within the District in an amount equal to the maximum Special Tax, less any Services Credit, as such terms are defined below. On March 1 of each year all taxable Parcels within the District shall be categorized by the Finance Director either as Developed Parcels or Undeveloped Parcels, and shall be subject to a Special Tax in accordance with the Rate and Method of Apportionment specified below. Undeveloped Parcels A Special Tax shall be levied on each Undeveloped Parcel as follows: (Taxable Sq.Ft.of Parcel X Maximum) — Services = Special (Taxable Sq.Ft.of District Special Tax) Credit Tax Developed Parcels A Special Tax shall be levied on each Developed Parcel as follows: 1 ) (Maximum _ Total Special Tax Levied X Total Number of) _ Services = Special (Special Tax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Mello-Roos Community Facilities Act of 1982,as amended. The Bonds means the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) 1990 Special Tax Bonds, and any other bonds of the District payable from the Special Tax. -The City means the City of Huntington Beach,California. Developed Parcel (1) is any Parcel that is within the boundaries of the District based on the latest available equalized rolls of the County of Orange as of March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311,et seq. of.the California Government Code, (2) is not greater than 50,000 square feet in total square footage and (3) with respect to which a building permit for a single family dwelling has been issued as of March 1 of the current year. 8 The District is Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach,California. Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance. Fiscal Year means the period starting on July land ending the following June 30. Maximum Special Tax is an amount for any Fiscal Year determined by reference to Attachment I hereto. Resolution of Issuance is any Resolution adopted by the City Council of the City authorizing the issuance of Bonds. Services Credit is an amount equal to any proceeds of the Special Tax Levied within the District which has been allocated by the City to the payment of police and fire protection services and/or paramedic services authorized under the Act which have not been expended for such purpose by the last day of the prior Fiscal Year. Special Tax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and levied within the District. Taxable Square Footage of Parcels is all of the area within any Parcel within the District which is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Government Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage for all Parcels within the District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest equalized rolls of the County of Orange as of March 1 of each year) which is not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. 9 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) ATTACHMENT I Fiscal Year Maximum End June 30 Special Tax 1991 $264,000 1992 269,280 1993 274,666 1994 280,159 1995 285,762 1996 291,477 1997 297,307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328,251 2003 334,816 2004 341,512 2005 348,342 2006 355,309 2007 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,290 2012 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2018 450,618 2019 459,630 2020 468,823 2021 and Previous Fiscal Year Thereafter Increased by 2% 10 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) "REPORT" PART V ESTIMATED COSTS OF ADMINISTERING THE DISTRICT Debt Service $220,000 Administration Fiscal Agent Fees $ 3,000 Rebate Calculation 1,000 Tax Collections by City 7,000 Tax Collections by County 2,000 Subtotal $ 13,000 TOTAL $233,000 Less Reserve Earnings (15,000) Special Tax $218,000 Maximum Special Tax $264,000 Unused Authorization for $ 46,000 Delinquencies& Contingencies 21% Coverage Ratio w/ Reserve Earnings 1.21% (Including Administration) Coverage Ratio w/o Reserve Earnings 1.13% (Excluding Administration) 11 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) "REPORT" PART VI ESTIMATED FUNDS AVAILABLE FOR COMMUNITY SERVICES Pursuant to the Rate and Method of Apportionment, moneys, if any,available after payment of annual debt service on the Bonds, and the costs of administrating the District are available for financing Police and Fire services. The table on the following page estimates the amount that will be available for Police and Fire protection services. 12 r CITY OF HUNTINGTON BEACH COS FACILITIES DISTRICT 1990.1(GOLDENWEST/ELLIS) USE OF ANNUAL SPECIAL TAX REVENUES Fiscal Year Maximum Debt Administration Fiscal Reserve Fund Delinquency Fire and Percent End June 30 Special Tax Service (5%Increase) Agent Earnings 4% Police Service Increase 1991 264,000 n/a n/a n/a n/a n/a n/a n/a 1992 269,280 220,000 10,000 3,000 15,000 10,771 40,509 n/a 1993 274,666 220,000 10,500 3,000 15,000 10,987 45,179 11.53 1994 280,159 220,000 11,025 3,000 15,000 11,206 49,928 10.51 1995 285,762 220,000 11,576 3,000 15,000 11,430 54,755 9.67 1996 291,477 220,000 12,155 3,000 15,000 11,659 59,663 8.96 1997 297,307 220,000 12,763 3,000 15,000 11,892 64,652 8.36 1998 303,253 220,000 13,401 3,000 15,000 12,130 69,722 7.84 1999 309,318 220,000 14,071 3,000 15,000 12,373 74,874 7.39 2000 315,504 220,000 14,775 3,000 15,000 12,620 80,110 6.99 2001 321,815 220,000 15,513 3,000 15,000 12,873 85,429 6.64 2002 328,251 220,000 16,289 3,000 15,000 13,130 90,832 6.32 2003 334,816 220,000 17,103 3,000 15,000 13,393 96,320 6.04 2004 341,512 220,000 17,959 3,000 15,000 13,660 101,893 5.79 2005 348,342 220,000 18,856 3,000 15,000 13,934 107,552 5.55 2006 355,309 220,000 19,799 3,000 15,000 14,212 113,298 5.34 2007 362,415 220,000 20,789 3,000 15,000 14,497 119,130 5.15 2008 369,664 220,000 21,829 3,000 15,000 14,787 125,048 4.97 2009 377,057 220,000 22,920 3,000 15,000 15,082 131,055 4.80 2010 384,598 220,000 24,066 3,000 15,000 15,384 137,148 4.65 2011 392,290 220,000 25,270 3,000 15,000 15,692 143,329 4.51 2012 400,136 220,000 26,533 3,000 15,000 16,005 149,598 4.37 2013 408,139 220,000 27,860 3,000 15,000 16,326 155,953 4.25 2014 416,301 220,000 29,253 3,000 15,000 16,652 162,397 4.13 2015 424,627 220,000 30,715 3,000 15,000 16,985 168,927 4.02 2016 433,120 220,000 32,251 3,000 15,000 17,325 175,544 3.92 2017 441,782 220,000 33,864 3,000 15,000 17,671 182,248 3.82 2018 450,618 220,000 35,557 3,000 15,000 18,025 189,037 3.73 2019 459,630 220,000 37,335 3,000 15,000 18,385 195,911 3.64 2020 468,823 220,000 39,201 3,000 15,000 18,753 202,869 3.55 �o ' NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Notice is hereby given that on May 7 , 1990 , the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution Of Intention to Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982 . " Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "ACT" ) the City Council hereby gives notice as follows : A . The text of said Resolution of Intention is as follows : WHEREAS, the City Council of the City of Huntington Beach has adopted a resolution entitled "A Resolution Of The City Council Of The City Of Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Community Facilities District , Directing Initiation Of Proceedings Under The Mello-Roos Community Facilities Act Of 1982 , And Approving An Agreement Regarding Advances And Employing Consultants In Connection Therewith, " wherein it expressed its desire to undertake proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended ( the "ACT" ) , to form a community facilities district ; and the City Council of the City of Huntington Beach now intends to commence formal proceedings under and pursuant to the ACT to form a community facilities district as provided below, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS : -8- 1 . The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the ACT. 2 . The name proposed for the community facilities district is community facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT" ) . 3 . The proposed boundaries of the DISTRICT are as shown on the map of the DISTRICT on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars . The City Clerk is hereby directed to record , or cause to be recorded, said map of the boundaries of the DISTRICT in the office of the County Recorder within fifteen days of the date of adoption of this Resolution . 4 . The type of public facilities and services proposed to be financed by the DISTRICT and pursuant to the ACT shall consist of those items listed as facilities on Exhibit "A" hereto and by this reference incorporated herein (the "FACILITIES" ) , and those items listed as services on Exhibit "A" (the "SERVICES" ) , respectively. 5 . Except to the extent that funds are otherwise available to the DISTRICT to pay for the FACILITIES, the SERVICES and/or the principal and interest as it becomes due on bonds of the DISTRICT issued to finance the FACILITIES, a special tax sufficient to pay the cost thereof , secured by. recordation of a continuing lien against all non-exempt real property in the DISTRICT, is intended to be levied annually within the DISTRICT, and collected in the same manner as ordinary ad valorem property taxes . The proposed rate and method of apportionment of the special tax among the parcels of -9- 6142 l - . real property within the DISTRICT, in sufficient detail to allow each landowner within the proposed DISTRICT to estimate the maximum amount such owner will have to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein . 6 . It is the intention of the City Council acting as the legislative body for the DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant to the ACT to finance in whole or in part the acquisition of the FACILITIES . Said bonds shall be in the aggregate principal amount of not to exceed $3 , 500 , 000 . 00 , shall bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds , and shall mature not to exceed 40 years from the date of the issuance thereof . 7 . The levy of said proposed special tax shall be subject to the approval of the qualified electors of the DISTRICT at a special election . The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed DISTRICT, with each owner having one vote for each acre or portion of an acre such owner owns in the DISTRICT . 8 . Except as may otherwise be provided by law, all lands owned by any public entity, including the United States , the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the FACILITIES . In the event that a portion of the property within the DISTRICT shall become for any reason exempt, wholly -10- L, An or in part , from the levy of the special tax described in Exhibit"B, " the City Council will , on behalf of the DISTRICT, increase the levy to the extent necessary upon the remaining property within the DISTRICT which is not exempt in order to yield the required debt service payments and other annual expenses of the DISTRICT, if any, subject to any maximum special tax that may be levied . 9 . The Director of Public Works of the City, as the officer having charge and control of the FACILITIES and the SERVICES in and for the DISTRICT, or his designee, is hereby directed to study said proposed FACILITIES and SERVICES and to make, or cause to be made, and file with the City Clerk a report in writing , presenting the following : (a) A description of the FACILITIES and SERVICES by type which will be required to adequately meet the needs of the DISTRICT. (b) An estimate of the fair and reasonable cost of financing the FACILITIES and providing the Service , including the cost of acquisition of lands , rights-of-way and easements , any physical FACILITIES required in conjunction therewith and incidental expenses in connection with said financing , including the costs of the proposed bond financing and all other related costs as provided in Section 53345 . 3 of the ACT. Said report shall be made a part of the record of the public hearing provided for below. 1 10 . The City Council , as legislative body for the I i DISTRICT, will conduct a public hearing on the establishment of the DISTRICT and consider and finally determine whether the public interest , convenience and necessity require the formation -11- 6142 of the DISTRICT and the levy of said special tax. Said public hearing shall be held on Monday, June 18 , 1990 , at 7 :00 p .m. , in the City Council Chambers, City Hall , 2000 Main Street, Huntington Beach, California . 11 . The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the DISTRICT. The publication of said notice shall be completed at least seven days before the date herein set for said hearing . Said notice shall be substantially in the form of Exhibit "C" hereto . B . The time and place established under said Resolution for the public hearing required under the ACT are Monday, June 18 , 1990 , at 7 :00 p .m. , in the City Council Chambers , City Hall , 2000 Main Street , Huntington Beach, California . t C . At said hearing , the testimony of all interested persons or ' taxpayers for or against the establishment of the DISTRICT, the extent of the DISTRICT or the furnishing of the specified types of FACILITIES will be heard . Any person interested may file a protest in writing as provided in Section 53323 of the ACT. If the owners of one-half or more of the area of land in the territory proposed to be included in the DISTRICT file written protests against the establishment of the DISTRICT and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action to establish the DISTRICT for a period of one year from the date of said hearing, and if -the majority protests of the landowners are only against the furnishing of a type or types of FACILITIES within the DISTRICT, or against levying a specified special tax, those types of FACILITIES or the specific special tax will be eliminated from the proceedings to form -12- the DISTRICT. . 4 D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the DISTRICT. Dated : MAY 9, 1990 City Clerk 161 City of Huntington Beach . I . 1 -13- 6142 a _ Regis. b r y3 pub /5� • f,7 9 NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Notice is hereby given that on May 7, 1990, the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution of Intention To Incur Bonded Indebtedness of the Proposed Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Pursuant To The Mello-Roos Community Facilities Ac-t Of 1982 . " Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "ACT" ) the City Council hereby gives notice as follows : A. The text of said Resolution is as follows : WHEREAS, the City Council of the City of Huntington Beach has j this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982, " stating its intention to form a community facilities district pursuant to the Mello-Roos community Facilities Act of 1982, as amended ( the "ACT" ) , Chapter 2 . 5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public improvements (the "FACILITIES" ) and providing certain services, as further provided in said Resolution; and The City Council estimates the amount required for the financing of the acquisition and/or construction of the FACILITIES to be the sum of $2 , 500, 000 .00 ; and In order to finance said FACILITIES it is necessary to incur bonded indebtedness in the amount of $3 , 500, 000 . 00 . -4- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH HEREBY RESOLVES AS FOLLOWS: {! 1 . It is necessary to incur bonded indebtedness within the boundaries of the proposed Community Facilities District No . , 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT" ) in the amount of $3 , 500, 000 . 00 to finance the costs of the FACILITIES . 2 . The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the FACILITIES, including acquisition and improvements costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof , as permitted by Section 53345 . 3 of the ACT. 3 . The City Council , acting as legislative body for the DISTRICT, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $3 , 500 , 000 . 00 , bearing interest payable semi-annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds , and maturing not to exceed 40 years from the date of the issuance of said bonds . 4 . The City Council , as legislative body for the DISTRICT, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest , convenience and necessity require the issuance of bonds of the City for the DISTRICT. Said public hearing shall be heard on Monday, June 18 , 1990, at 7 :00 p .m. , in the City Council Chamber$ , City Hall, 2000 Main Street, Huntington Beach, California . 5 . The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in any newspaper of general circulation circulated within the DISTRICT. The -5- F1Al A ' publication of said notice shall be completed at least seven (7) .� days before the date herein set for said public hearing . Said notice shall substantially in the form of Exhibit "A" hereto . B . The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution . C . At that time and place any person interested , including persons owning property in the area of the proposed community facilities district , will be heard upon the proposed debt issue . Dated : May 9, 1990 e!�� *aic' City Clerk City of Huntington Beach -6- Al d Z PETITION (INCLUDING WAIVER) REGARDING PROCEEDINGS UNDER THE MELLO-ROOS COMMUNITY FACILITY ACT OF 1982 To the Honorable City Council of the City of Huntington Beach c/o City Clerk 2000 Main Street Huntington Beach, CA 92648 RE: PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1990-1 Goldenwest/Ellis Area Members of the City Council: The undersigned duly authorized representatives of the owners of all of the real property identified in Exhibit "A" hereto hereby request that you institute proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, and hereby respectfully petition and show as follows : 1. We request that the property described in Exhibit "A" hereto be included within Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) of the City of Huntington Beach (the "District") and that you take all steps necessary to complete the formation of the District and to levy a special tax therein for the purpose of financing the widening of Ellis Avenue and the acquisition of land therefor, as well as other public improvements, all as to be more particularly specified in the proceedings for the creation of the District and the levy of said special tax. The territory proposed for inclusion in the District is described in Exhibit "A" hereto. 2 . It being our intention to proceed as quickly as possible with the formation of the District, the levy of said special tax, and the issuing of special tax bonds, and it being further understood that, there being fewer than twelve registered voters residing within the District, the undersigned being the representatives of the owners of real property constituting the only expected qualified electors of the District, we waive all otherwise applicable times for and notices of the conduct by you of the election to order the levy of the special tax, to establish an appropriations limit for the District, and to authorize the issuance of said special tax bonds of the District. 3 . In furtherance of said waiver, we agree that said election may be conducted by mailed or hand-delivered ballot without analysis or arguments for and against the ballot propositions, with the ballots to be returned as quickly as possible to the office of the City Clerk of the City of Huntington Beach, and that the results of said election be canvassed and reported to you as soon as possible. -1- Respectfully submitted as of this day of January, 1990 by: Names and Signatures of Property Owners Addresses of Owners Assessor ' s Parcel Nos . -2- LANDOWNER PETITION ------------------ ATTACHED LAND OWNERS ADDRESS OF ASSESSOR'S TRACT MAP NAMES OWNERS PARCEL #'S MAP #'S QUADRANT SIGNATURES -------------------- ----------------= ---------- ------- --------- ------------------------------------•--- ............ Central Park #8, 505 Park Ave. 110-190-01 13269 I �1�~\) � •, —1 A California Limited Balboa Island, CA l + 1 Partnership 92662 GENERAL PARTNER (714)/673-0127 David D. Dahl - -i------�----------------------- --------------I DAVID D. DAHL (GENERAL PARTNER) DATE Central Park #12, 505 Park Ave. 110-190-02• 13270 A California Limited Balboa Island, CA 110-190-03 j Partnership 92662 110-190-04 / GENERAL PARTNER (714)/673-0127 David D. Dahl f ----- ------ --------------- DAVID D. DAHL (GENERAL PARTNER) DATE Central Park #15 505 Park Ave. 110-200-10 14035 A California Limited Balboa Island, CA 110-200-11 �/ J Partnership 92662 GENERAL PARTNER (714)/673-0127 Zi _ David D. Dahl ----------------------------------•- -----1---'----- DAVID D. DAHL (GENERAL PARTNER) DATE Southwest Diversified/ 18400 Von Karman 110-200-015 13714 IV Coscan Partners Suite #400 110-200-016 A California Irvine, CA General Partnership 92715 PRESIDENT (714)/476-8762 William D. Foote ------------------------------------ DATE WILLIAM D. FOOTE (PRESIDENT) Emil Walter PLegeL 7071 Thomas Street 110-200-05 13439 V & Ruby Buena Park, CA 110-200-04 Lucille PLegeL, 90621 110-186-15 Trustees (714)521-5919 ------------------------------------ --------------- EMIL WALTER PLEGEL DATE Audrey DeNubiLa 11728 ChaparaL St. 110-200-23 13439 V1 Panabaker Los Angeles, CA Virginia May Denubila 90049 (213)/472-9213 ------------------------------------ ............... AUDREY DENUBILA PANABAKER DATE ------------------------------------ --------------- VIRGINIA MAY DENUBILA DATE William Landis 1901 Avenue of the 110-210-01 14109 VII Stars, Suite #1060 Los Angeles, CA 90067 (213)/277-3322 ------------------------------------ ----------- --- WILLIAM LANDIS DATE r , � LANDOWNER PETITION ------------------ ATTACHED LAND OWNERS ADDRESS OF ASSESSOR'S TRACT MAP NAMES OWNERS PARCEL #'S MAP #'S QUADRANT SIGNATURES ... ----------------- ---------- ------- --------- ----------------------------------------------------- David D. Dahl 505 Park Ave. 110-210-02 N/A VIII Balboa Island, CA 92662 (714)/673-0127 ------------- DAVID D. DAHL DATE David D. Dahl 505 Park Ave. 110-210-04 N/A IX -- - Balboa Island, CA 92662 (714)/673-0127 --------- .......... ............... DAVID D. DAHL DATE LANDOWNER PETITION ------------------ ATTACHED AND OWNERS ADDRESS OF ASSESSOR'S TRACT MAP AMES OWNERS PARCEL #'S MAP #'S QUADRANT SIGNATURES ------------ ----------------- ---------- ------- --------- ----------------------------------------------------- ;entral Park #8, 505 Park Ave. 110-190-01 13269 1 California Limited Balboa Island, CA -artnership 92662 ;ENERAL PARTNER (714)/673-0127 avidD. Dahl ------------------------------- ............... DAVID D. DAHL (GENERAL PARTNER) DATE entral Park #12, 505 Park Ave. 110-190-02 13270 11 California Limited Balboa Island, CA 110-190-03 artnership 92662 110-190-04 ENERAL PARTNER (714)/673-0127 avidD. Dahl ------------------------------------ --------------- DAVID D. DAHL (GENERAL PARTNER) DATE :entral Park #15 505 Park Ave. 110-200-10 14035 111 , California Limited Balboa Island, CA 110-200-11 artnership 92662 ,ENERAL PARTNER (714)/673-0127 avidD. Dahl' ------------------------------------ --------------- DAVID D. DAHL (GENERAL PARTNER) DATE outhwest Diversified 18400 Von Karman 110-200-015 13714 IV RESIDENT Suite #400 110-200-016 iilliam Foote Irvine, CA j 92715 `iJ5 (714)/476-t1762 ------ 7�=---�-----;-1--------------- -----�'7-!-•,-- Wj; L-I"--FOOTE--(PREt1bENT.)_ DATE ;mil Walter Plegel 7071 Thomas Street 110-200-05 13439 V Ruby Buena Park, CA 110-200-04 .ucille Plegel, 90621 110-la6-15 'rustecs (714)521-5919 ------------------------------------ --------------- EMIL WALTER PLEGEL DATE wdrey DeNubila 11728 Chaparal St. 110-200-23 13439 VI 'anabaker Los Angeles, CA lirginia May Dcnubila 90049 (213)/472-9213 AUDREY DENUBILA PANABAKER DATE ------------------------------------ --------------- VIRGINIA MAY DENUBILA DATE Iilliam Landis 1901 Avenue of the 110-210-01 14109 VII Stars, Suite #1060 110-210-02 Los Angeles, CA 110-210-04 90067 (213)/277-3322 ------------------------------------ --------------- WILLIAM LANDIS DATE LANDOWNER PETITION ------------------ ATTACHED .AND OWNERS ADDRESS OF ASSESSOR'S TRACT MAP •TAMES OWNERS PARCEL #'S MAP #'S QUADRANT SIGNATURES ------------------- ----------------- ---------- ------- --------- ----------------------------------------------------- :entral Park #8, 505 Park Ave. 110-190-01 13269 1 California Limited Balboa Island, CA Partnership 92662 3ENERAL PARTNER (714)/673-0127 )avid D. Dahl ------------------------------- --------------- DAV1D D. DAHL (GENERAL PARTNER) DATE Central Park #12, 505 Park Ave. 110-190-02 13270 11 : A California Limited Balboa Island, CA 110-190-03 Partnership 92662 110-190-04 GENERAL PARTNER (714)/673-0127 DavidD. Dahl ------------------------------------ --------------- DAVID D. DAHL (GENERAL PARTNER) DATE :entral Park #15 505 Park Ave. 110-200-10 14035 III k California Limited Balboa island, CA 110-200-11 )artnership 92662 ;ENERAL PARTNER (714)/673-0127 )avid D. Dahf ------------------------------------ ............... DAVID D. DAHL (GENERAL PARTNER) DATE Southwest Diversified 18400 Von Karman 110-200-015 13714 1V 'RESIDENT Suite #400 110-200-016 Gilliam Foote Irvine, CA 92715 (714)/476-8762 ---------------- ............... WILLIAM FOOTE (PRESIDENT) DATE :mil Walter Pleget 7071 Thomas Street 110-200-05 13439 V L Ruby Buena Park, CA 110-200-04 l .0 M e Pleget, 90621 110-186-15 , trustees (714)521-5919 - 3-W+=l � =1--- �- J EMIL YI LTER PLE E ��I� 7 DATE v Audrey DeNubila 11728 Chaparal St. 110-200-23 13439 VI Panabaker Los Angeles, CA Virginia May Denubila 90049 (213)/472-9213 ------------------------------------ ---------------- AUDREY DENUBILA PANABAKER DATE ------------------------------- ............... VIRGINIA MAY DENUBILA DATE 4illiam Landis 1901 Avenue of the. 110-210-01 14109 VII Stars, Suite #1060 110-210-02 Los Angeles, CA 110-210-04 90067 (213)/277-3322 ------------------------------------ ............... WILLIAM LANDIS DATE LANDOWNER PETITION ATTACHED LAND OWNERS ADDRESS OF ASSESSOR'S TRACT NAP NAMES OWNERS PARCEL ##'S MAP #'S QUADRANT SIGNATURES .................... ................. .......... - ..................................................... Central Perk #8, 505 Park Ave. 110.190-01 13269 1 A California Limited Balboa Island, CA Partnership 92662 GENERAL PARTNER (714)/673.0127 David D. Dahl -------------------------•-- DAVID 0. DAHL (GENERAL PARTNER) DATE Central Park *12, 505 Park Ave. 110-190-02 13270 lI A California Limited Balboa Island, CA 110-190-03 Partnership 92662 110-190-04 GENERAL PARTNER (714)/673-0127 DavidD. Dahl •................................... ............... DAVID D. DAHL (GENERA- PARTNER) DATE Central Park #15 505 Park Ave. 110-200-10 14035 III A California Limited Balboa Island, CA 110-200-11 Partnership 92662 GENERAL PARTNER (714)1673-0127 DavidD. Dahl ------------------- ---------------- ............... DAVID D. DAHL (GENERAL PARTNER) DATE Southrest Diversified/ 18400 Von Karmen 110-200-015 13714 IV Coscar, Partners Suite #400 110-200-016 - A California Irvine, CA General Partnership 92715 PRESIDENT (714)/476-8762 William D. Foote .......... ......................... --------------- WILLIAM D. FOOTE (PRESIDENT) DATE Emit Walter Pleget 7071 Thomas Street 110-200.05 13439 v 3 Ruby Buena Park, CA 110.200-04 Lucille Pleget, 90621 110.186.15 Trustees (714)521.5919 -------•---------•----•------------- --------------- EMIL WALTER PLEGEL DATE 'Audrey DONubila 11728 Chaparal St. 110.200-23 13439 VI Panabaker Los Angeles, CA Virginia May Denubila 90049 (213)/472-9213 - AUDREY DENUBiLA PANABAKER DATE VIRGINIA MAY DENUBILR DATE William Landis 1901 Avenue of the 110-210-01 14109 VII Stars, Suite t11D60 110-210-02 Los Angetee, CA 110.210-04 90067 (213)/277.33zz .................................... ............... WILLIAM LANDIS DATE LANDOWNER PETITION ------------------ ATTACHED ID OWNERS ADDRESS OF ASSESSOR'S TRACT MAP IES OWNERS PARCEL #'S MAP #IS QUADRANT SIGNATURES ----------------- ----------------- ---------- ------- itral Park #8, 505 Park Ave. 110-190-01 13269 1 :olifornio limited Balboa Island, CA -tnership 92662 NERAL PARTNER (714)/673-0127 +id D. Dahl ------------------------------------ ---------------' . DAVID D. DAHL (GENERAL PARTNER) DATE ntral Park #12, 505 Park Ave. 110-190-02 13270 I1 California Limited Balboa Island, CA 110-190-03 rtncrship 92662 110-190-04 NERAL PARTNER (714)/673-0127 vidD. Dahl ------------------------------------ --------------- DAVID D. DAHL (GENERAL PARTNER) DATE ntral Park #15 505 Park Ave. 110-200-10 14035 1I1 California Limited Balboa Island, CA 110-200-11 rtncrship 92662 NERAL PARTNER (714)/673-0127 vidD. Dahl ------------------------------------ --------------- DAVID D. DAHL (GENERAL PARTNER) DATE uthuest Diversified/ 18400 Von Korman 110-200-015 13714 IV scan Partners. Suite 9400 110-200-016 California Irvine, CA nera.l Partnership 92715 ESIDENT (714)/476-8762 lliamD. Foote ------------------------------- --------------- WILLIAM D. FOOTE (PRESIDENT) DATE it Walter Plegel 7071 Thomas Street 110-200-05 13439 V Ruby Buena Park, CA 110-200-04 cillc Plcget, 90621 110-186-15 ustecs (714)521-5919 ------------------------------------ --------------- EMIL WALTER PLEGEL DATE idrey DeNubila 11726 Chaparol St. 110-200-23 13439 VI inabaker Los Angeles, CA irginia May Denubila 90049 (213)/472-9213 ------------------------------------ --------------- AUDRC•Y DENUBILA PANABAKER DATE i ------------------------------------ --------------- - VIRGINIA MAY DENUBILA DATE Mom Landis 1901 Avenue of the 110-210-01 14109 VII Stars, Suite #1060 110-210-02 Los Angeles, CA 110-210-04 / 90067 / WILLIAM LANDIS DATE I i :»... �� ~'I: �L'.! 1 ' "'••..' .w'� ,� � ;- EXHIBIT -A- _ ..�I 1 ��: Iw /IJt)i .�•I... ''� ••��+.'i..:• _ 4`_ r' wWj l•1 . eta)•1 Q �� Ill'[']. I I�•• w�. '_%-1 I � I /l \ /^•� i,. ,I l �. :�••�1 _:' I I Q � '1 r'• _�:(1. G' ('Y..i I I �'!�� I I - ;I I/I ��l•I` 'l _ I r--- IX )I Z77 •,-1—.r / .���1 II•�', '�,\\ � � I —_ I 1,1....:1. ter... I ;^�C-�•'� ✓�• '._. xR _ / �• i I r I 1 l �.. J I III ..�, •1 �1 7/`� ' ,\` \\� �ii \,\ ` .\```` �•`r) r {ram ``•. f Cou-N TRY VIE�11 0.TATEa— - �i V I �i� ,I\� �� � '' •r ', IV ,`« �1 _ ^� r/ram: ;�r-', �� i.• U�1` ��� ,., `l_ it �`- 1•••• --- --- - ��- ----I ti , ;O, ter, ,-- - LN - . . 21 Up- ;. :,• LOW DENSITY RESIDENTIAL-a DU/AC ' LOW DENSITY RESIDENTIAL.-4 DU/AC NEIGHBORHOOD PARK EQUESTR"TRAIL OWNERSHIP BOUNDARIES _ umo o - - GOL.AENWEST/ EWS AREA `�'' `'+. . ... HUNTINGTON BEACH CALIFORNIA RESOLUTION NO. 6143 IA RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1990-1 s (GOLDENWEST/ELLIS AREA) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) WHEREAS, the City Council of the City of Huntington Beach has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982 , " stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended (the "ACT" ) , Chapter 2 . 5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public improvements (the "FACILITIES" ) and providing certain services , as further provided in said Resolution; and The City Council estimates the amount required for. the financing of the acquisition and/or construction of the FACILITIES to be the sum of $2 , 500 , 000 . 00 ; and In order to finance said FACILITIES it is necessary to incur bonded indebtedness in the amount of $3 , 500 , 000 . 00, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH HEREBY RESOLVES AS FOLLOWS: 1 . It is necessary to incur bonded indebtedness within the j boundaries of the proposed Community Facilities District No . , 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT") in the amount of $3 , 500, 000 . 00 to finance the costs of the FACILITIES . -1- 2 . The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the FACILITIES, including acquisition and improvements costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345 . 3 of the ACT. 3 . The City Council, acting as legislative body for the DISTRICT, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $3 , 500 , 000 . 00, bearing interest payable semi-annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds , and maturing not to exceed 40 years from the date of the issuance of said bonds . 4 . The City Council, as legislative body for the DISTRICT, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the City for the DISTRICT. Said public hearing shall be heard on Monday, June 18, 1990, at 7 : 30 p.m. , in the City Council Chambers , City Hall, 2000 Main Street, Huntington Beach, California . -2- 6143 t 1 5 . The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in any newspaper of general circulation circulated within the DISTRICT. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing . Said notice shall substantially in the form of Exhibit "A" hereto . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of May 1990 . Mayor T ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED,,AN1 A PROVED: City Administrator Di e rcto f dministr iv Services 1 -3- II EXHIBIT "A" NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Notice is hereby given that on May 7, 1990 , the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution of Intention To Incur Bonded Indebtedness of the Proposed Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Pursuant To The Mello-Roos Community Facilities Act Of 1982 . " Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "ACT" ) the City Council hereby gives notice as follows : A. The text of said Resolution is as follows : WHEREAS, the City Council of the City of Huntington Beach has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982, " stating its intention to form a community facilities district pursuant to the Mello-Roos community Facilities Act of 1982 , as amended (the "ACT" ) , Chapter 2 . 5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public improvements (the "FACILITIES" ) and providing certain services, as further provided in said Resolution; and The City Council estimates the amount required for the financing of the acquisition and/or construction of the FACILITIES to be the sum of $2, 500, 000 . 00 ; and i In order to finance said FACILITIES it is necessary to incur bonded indebtedness in the amount of $3 , 500, 000 . 00 . -4- 6143 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH HEREBY RESOLVES AS FOLLOWS: 1 . It is necessary to incur bonded indebtedness within the boundaries of the proposed Community Facilities District No. , 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT" ) in the amount of $3 , 500 , 000 . 00 to finance the costs of the FACILITIES. 2 . The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the FACILITIES, including acquisition and improvements costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof , as permitted by Section 53345 . 3 of the ACT. 3 . The City Council, acting as legislative body for the DISTRICT, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $3 , 500, 000 . 00 , bearing interest payable semi-annually or in such other manner as _.. this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds . 4 . The City Council, as legislative body for the DISTRICT, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the City for the DISTRICT. Said public hearing shall be heard on Monday, June 18, 1990, at 7 : 30 p.m. , in the City Council Chambers , City Hall , 2000 Main Street, Huntington Beach, California . 5 . The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in any newspaper of general circulation circulated within the DISTRICT. The -5- 6143 t publication of said notice shall be completed at least seven (7) ".I days before the date herein set for said public hearing . Said notice shall substantially in the form of Exhibit "A" hereto. B . The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution. C. At that time. and place any person interested, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated : May 9, 1990 City Clerk City of Huntington Beach ..i -6- 6143 Res. No. 6143 j i 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 7th day of May 19 go by the following vote: AYES: Councilmembers: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine . NOES: Councilmembers: None ABSENT: Councilmembers: None i y Clerk and ex-o ici er of the City Council of the City of Huntington Beach, California i RESOLUTION NO. 6142 I A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) WHEREAS, the City Council of the City of Huntington Beach has adopted a resolution entitled "A Resolution Of The .City Council Of The City Of Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Community Facilities District, Directing Initiation Of Proceedings Under The Mello-Roos Community Facilities Act Of 1982, And Approving An Agreement Regarding Advances And Employing Consultants In Connection Therewith, " wherein it expressed its desire to undertake proceedings pursuant to the Mello-Roos Community i Facilities Act of 1982, as amended (the "ACT") , to form a community facilities district; and the City Council of the City of Huntington Beach now intends to commence formal proceedings under and pursuant to the ACT to form a community facilities district as provided below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES. HEREBY RESOLVE AS FOLLOWS: 1 . The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the ACT. 2 . The name proposed for the community facilities district is community facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT" ) . 3 . The proposed boundaries of the DISTRICT are as shown on the map of the DISTRICT on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars . The City Clerk is hereby -1- directed to record, or cause to be recorded, said map of the } boundaries of the DISTRICT in the office of the County Recorder { within fifteen days of the date of adoption of this Resolution. 4 . The type of public facilities and services proposed to be financed by the DISTRICT and pursuant to the ACT shall consist of those items listed as facilities on Exhibit "A" hereto and by this reference incorporated herein (the "FACILITIES" ) , and those items listed as services on Exhibit "A" (the "SERVICES" ) , respectively. 5 . Except to the extent that funds are otherwise available to the DISTRICT to pay for the FACILITIES, the SERVICES and/or the principal and interest as it becomes due on .bonds of the DISTRICT issued to finance the FACILITIES, a special tax sufficient to pay the cost thereof , secured by recordation of a continuing lien against all non-exempt real property in the DISTRICT, is intended to 1 be levied annually within the DISTRICT, and collected in the same manner as ordinary ad valorem property taxes . The proposed rate and method of apportionment of the special tax among the parcels of real property within the DISTRICT, in sufficient detail to allow each landowner within the proposed DISTRICT to estimate the maximum amount such owner will have to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein. 6 . It is the intention of the City Council acting as the legislative body for the DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant to the ACT to finance in whole or in part the acquisition of the FACILITIES . Said bonds shall be in the aggregate principal amount of not to exceed $3 , 500, 000 . 00, shall lbear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time -2- 61A2 of sale of such bonds, and shall mature not to exceed 40 years from ' 1 the date of the issuance thereof . 7 . The levy of said proposed special tax shall be subject to the approval of the qualified electors of the DISTRICT at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed DISTRICT, with each owner having one vote for each acre or portion of an acre such owner owns in the DISTRICT. 8 . Except as may otherwise be provided by law, all lands owned by any public entity, including the United States , the State of California and/or the .City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the FACILITIES. In the event that a portion of the property within the DISTRICT shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit "B, " the City Council will, on behalf of the DISTRICT, increase the levy to the extent necessary upon the remaining property within the DISTRICT which is not exempt in order to yield the required debt service payments and other annual expenses of the DISTRICT, if any, subject to any maximum special tax that may be levied.- 9 . The Director of Public Works of the City, as the officer having charge and control of the FACILITIES and the SERVICES in and for the DISTRICT, or his designee, is hereby directed to study said proposed FACILITIES and SERVICES and to make, or cause to be made, and file with the City Clerk a report in writing , presenting the following : (a) A description of the FACILITIES and SERVICES by type which will be required to adequately meet the needs of the DISTRICT. -3- 6142 (b) An estimate of the fair and reasonable cost of financing the FACILITIES and providing the Service, including the cost of acquisition of lands, rights-of-way and easements, any physical FACILITIES required in conjunction therewith and incidental expenses in connection with said financing, including the costs of the proposed bond financing and all other related costs as provided in Section 53345 . 3 of the ACT. Said report shall be made a part of the record of the public hearing provided for below. 10 . The City Council, as legislative body for the DISTRICT, will conduct a public hearing on the establishment of the DISTRICT and consider and finally- determine whether the public interest, convenience and necessity require the formation of the DISTRICT and the levy of said special tax. Said public hearing shall be held on Monday., June 18 , 1990, at 7 : 30 p.m. , in the City Council Chambers , City Hall , 2000 Main Street, Huntington Beach, California . -4- 6142 11 . The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the DISTRICT. The publication of said notice shall be completed at least seven days before the date herein set for said hearing . Said notice shall be substantially in the form of Exhibit "C" hereto . PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular meeting thereof held on the _7th day of May 1990 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ci y Attorney REVIEWED AND APPROVED: INITIATED AND//APPROVED: �j�r•_=��:` r tom';-:�z�,,�<._. _.._��,� -7� ; , :�� City Administrator ' Director 'of Admini trati e Services -5- 6142 l EXHIBIT "A" I DESCRIPTION OF FACILITIES TO BE FINANCED BY THE DISTRICT COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the DISTRICT, including road improvements , curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Goldenwest Avenue in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements , striping and related improvements . Improvements to Quarterhorse Lane in the vicinity of the DISTRICT, including road improvements , curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Saddleback Lane in the vicinity of the DISTRICT, including road improvements , curb, gutter , sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Edwards Street in the vicinity of the DISTRICT, including road improvements , curb, gutter,- sidewalk, storm drain and signal improvements, striping and related improvements . Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the DISTRICT, including related improvements . Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the DISTRICT, including any related work. Fire station improvements , including construction and related costs . Acquisition of emergency vehicle traffic interruption devices . SERVICES TO BE PROVIDED Police and Fire protection SERVICES, Paramedic SERVICES, in each case in addition to those currently provided in the DISTRICT. OTHER Costs of engineering , -design, planning and coordination related to the above-listed FACILITIES. j Bond related expenses , including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses . . Administrative fees of the City and the Bond trustee or fiscal agent related to the DISTRICT and the Bonds . -6- 6142 i EXHIBIT "B" PROPOSED RATE METHOD OF APPORTIONMENT OF SPECIAL TAX INCLUDING ESTIMATED MAXIMUM ANNUAL AMOUNT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) - i I -7- 6142 EXIHIBIT B Prepared by: Rod Gunn Associates, Inc. As of 04/25/90 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Golden West/Ellis Area) Rate and Method of Apportionment of Special Tax The Special Tax is to be levied by the Finance Director- of the City on behalf of the District each Fiscal Year on all parcels within the District in an amount equal to the maximum Special Tax, less any Services Credit, as such terms are defined below. On `-larch 1 of each year all taxable Parcels Within the District shall be categorized by the Finance Director either as Developed Parcels or Undeveloped Parcels, and shall be subject to a Special Tax in accordance with the Rate and Method of Apportionment specified below. Undeveloped Parcels A Special Tax shall be levied on each Undeveloped Parcel as follows: (Taxable Sq. Ft.of Parcel Ix Maximum) - Services = Special (Taxable Sq. Ft.of District Special Tax) Credit Tax Developed Parcels A Special Tax shall be levied on each Developed Parcel as follows: 1 ) (Maximum - Total Special Tax Levied Y Total -Number of) - Services = Special (Special Tax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Mello-Roos Community Facilities Act of 1982,as amended. The Bonds means the City of Huntington Beach Community Facilities District No. 1990-1 (Golden Nest/Ellis Area) 1990 Special Tax Bonds, and any other bonds of the District payable from the Special Tax. The City- means the City of Huntington Beach,California. Developed Parcel (1) is any Parcel that is within the boundaries of the District based on the latest available equalized rolls of the County of Orange as of March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311, et seq. of the California Government Code, (2) RGA 6142 EXIHIBIT B is not greater than 50,000 square feet in total square footage and (3) with respect to which a building permit for a single family dwelling has been issued as of March 1 of the current year. The District is Community Facilities District No. 1990-1 (Golden West/Ellis Area) of the City of Huntington Beach,California.. Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance. Fiscal Year means the period starting on July 1 and ending the following June 30. Maximum Special Tax is an amount for any Fiscal Year determined by reference to Attachment I hereto. Resolution of Issuance is any Resolution adopted by the City Council of the City authorizing the issuance of Bonds. Services Credit is an amount equal to any proceeds of the Special Tax Levied within the District which has been allocated by. the City to the payment of police and fire protection services and/or paramedic services authorized under the Act which have not been expended for such purpose by the last clay of the prior Fiscal Year. Special Tax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and levied within the District. Taxable Square Footage of Pat-eels is all of the area within any Parcel within the District which is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Government Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage for all Parcels within the District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest equalized rolls of the County of Orange as of March 1 of each year) which is not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. RGA 2 6142 EXIHIBIT B CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 90-1 ATTACHMENT I Fiscal Year Maximum End June 30 Special Tax 1991 320,000 1992 326,400 1993 332,928 1994 339,587 1995 346,378 1996 353,306 1997 360,372 1998 367,579 1999 374,931 2000 382,430 2001 390,078 2002 397,880 2003 405,837 2004 413,954 2005 422,233 2006 430,678 2007 439,291 2008 448,077 2009 457,039 2010 466,180 2011 475,503 2012 485,013 2013 494,713 2014 504,608 2015 514,700 2016 524,994 2017 535,494 2018 546,204 2019 557,128 2020 568,270 2021 300,000 2022 and Previous Fiscal Year Thereafter Increased by 2% 6142 4 EXHIBIT "C" NOTICE OF PUBLIC HEARING :I CITY OF HUNTINGTON BEACH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) Notice is hereby given that on May 7 , 1990, the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution Of Intention to Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982 . " Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "ACT" ) the City Council hereby gives notice as follows : A. The text of said Resolution of Intention is as follows : WHEREAS, the City Council of the City of Huntington Beach has adopted a resolution entitled "A Resolution Of The City Council Of The City Of Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Community Facilities District, Directing Initiation Of Proceedings Under The Mello-Roos Community Facilities Act Of 1982 , And Approving An Agreement Regarding Advances And Employing Consultants In Connection Therewith, " .wherein it expressed its desire to undertake proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "ACT" ) , to form a community facilities district; and the City Council of the City of Huntington Beach now intends to commence formal proceedings under and pursuant to the ACT to form a community facilities district as provided below, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS : -8- 6142 1. The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the ACT. 2 . The name proposed for the community facilities district is community facilities District No . .1990-1 (Goldenwest/Ellis Area) (the "DISTRICT") . 3 . The proposed boundaries of the DISTRICT are as shown on the map of the DISTRICT on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars . The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the DISTRICT in the office of the County Recorder within fifteen days of the date of adoption of this Resolution. 4 . The type of public facilities and services proposed to be financed by the DISTRICT and pursuant to the ACT shall consist of those items listed as facilities on Exhibit "A" hereto and by this reference incorporated herein (the "FACILITIES" ) , and those items listed as services on Exhibit "A" (the "SERVICES" ) , respectively. 5 . Except to the extent that funds are otherwise . available to the DISTRICT to pay for the FACILITIES, the SERVICES and/or the principal and interest as it becomes due on bonds of the DISTRICT issued to finance the FACILITIES, a special tax sufficient to pay the cost thereof , secured by recordation of a continuing lien against all non-exempt real property in the DISTRICT, is intended to be levied annually within the DISTRICT, and collected in the same manner as ordinary ad valorem property taxes . The proposed rate and method of apportionment of the special tax among the parcels of -9- 6142 f real property within the DISTRICT, in sufficient detail to allow each landowner within the proposed DISTRICT to estimate the maximum amount such owner will have to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein. 6 . It is the intention of the City Council acting as the legislative body for the DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant to the ACT to finance in whole or in part the acquisition of the FACILITIES . Said bonds shall be in the aggregate principal amount of not to exceed $3 , 500 , 000 . 00 , shall bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof . 7 . The levy of said proposed special tax shall be subject to the approval of the qualified electors of the DISTRICT at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed DISTRICT, with each owner having one vote for each acre or portion of an acre such owner owns in the DISTRICT. 8 . Except as may otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be' made to cover the costs and expenses of the FACILITIES. In the event that a portion of the property within the DISTRICT shall become for any reason exempt, wholly -10- 6142 or in part, from the levy of the special tax described in Exhibit"B, " the City Council will, on behalf of the DISTRICT, increase the levy to the extent necessary upon the remaining property within the DISTRICT which is not exempt in order to yield the required debt service payments and other annual expenses of the DISTRICT, if any, subject to any maximum special tax that may be levied. 9 . The Director of Public Works of the City, as the officer having charge and control of the FACILITIES and the SERVICES in and for the DISTRICT, or his designee, is hereby directed to study said proposed FACILITIES and SERVICES and to make, or cause to be made, and file with the City Clerk" a report in writing, presenting the following : (a) A description of the FACILITIES and SERVICES by type which will be required to adequately meet the needs of the DISTRICT. (b) An estimate of the fair and reasonable cost of financing the FACILITIES and providing the Service, including the cost of acquisition of lands , rights-of-way and easements, any physical FACILITIES required in conjunction therewith and incidental expenses in connection with said financing, including the costs of the proposed bond financing and all other related costs as provided in Section 53345 . 3 of the ACT. Said report shall be made a part of the record of the public hearing provided for below. 10 . The City Council, as legislative body for the i DISTRICT, will conduct a public hearing on the establishment of the DISTRICT and consider and finally determine whether the public interest, convenience and necessity require the formation -11- 6142 i i i I of the DISTRICT and the levy of said special tax. Said public hearing shall be held on Monday, June 18, 1990 , at 7 :00 p.m. , in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California . 11 . The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the DISTRICT. The publication of said notice shall be completed at least seven days before the date herein set for said hearing . Said notice shall be substantially in the form of Exhibit "C" hereto . B. The time and place established under said Resolution for the public hearing required under the ACT are Monday, June 18 , 1990, at 7 :00 p.m. , in the City Council Chambers , City Hall , 2000 Main Street, Huntington Beach, California . C. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the DISTRICT, the extent of the DISTRICT or the furnishing of the specified types of FACILITIES will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the ACT. If the owners of one-half or more of the area of land in the territory proposed to be included in the DISTRICT file written protests against the establishment of the DISTRICT and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action to establish the DISTRICT for a period of one year from the date of said hearing, and if the majority protests of the landowners are only against the furnishing 1 of a type or types of FACILITIES within the DISTRICT, or against levying a specified special tax, those types of FACILITIES or the specific special tax will be eliminated from the proceedings to form -12- 6142 the DISTRICT. D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the DISTRICT. Dated: MAY 9, 1990 City Clerk City of Huntington Beach I -13- 6142 Res. No. 6142 STATE OF CALIFORNIA COUNTY OF ORANGE 3 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 7TH day of MAY 19 90 by the following vote: AYES: Councilmembers: MacAllister, winchell, Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officAt Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 6141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACKNOWLEDGING RECEIPT OF PETITION FOR ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT, DIRECTING INITIATION OF PROCEEDINGS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT .OF 1982, AND APPROVING AN AGREEMENT REGARDING ADVANCES AND EMPLOYING CONSULTANTS IN CONNECTION THEREWITH Community Facilities District No . 1990-1 (Goldenwest/Ellis Area) RESOLVED by the City Council of the City of Huntington Beach (the "CITY" ) that : WHEREAS, this CITY has received a petition (the "PETITION" ) requsting that this CITY establish a community facilities district (the "DISTRICT" ) under the Mello-Roos Community Facilities Act of 1982 , as amended (the "ACT" ) , the territory to be included in the DISTRICT being described in Exhibit "A" to the PETITION; There has been presented to this CITY a form of Agreement Regarding Advances (the "AGREEMENT") whereby landowners within the DISTRICT are willing to advance the funds necessary to form the DISTRICT; and Under the ACT, this CITY is the legislative body for the DISTRICT and is empowered with the authority to establish the DISTRICT; This CITY, with the aid of the CITY staff , has reviewed the PETITION and the AGREEMENT and found them to be in proper form and now desires to proceed with the establishment of the DISTRICT. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows : 'I SECTION 1. This CITY hereby acknowledges receipt of the PETITION and finds and determines that the PETITION is signed by the J requisite number of owners of land proposed to be included within -1- the DISTRICT as set forth in Section 53319 (d) of the ACT. SECTION 2 . This CITY desires to undertake proceedings to form the DISTRICT and issue bonds under the ACT to finance the costs of the widening of Ellis Avenue, including the acquisiton of land, as well as the other public improvements to be specified in such proceedings . The appropriate CITY staff , including the Finance Director and employees of the CITY Engineer ' s office, are hereby authorized and directed to take such action as are necessary to present to this CITY for its review the proceedings necessary to form the DISTRICT and issue bonds under the ACT. Nothing in this Resolution shall in any way obligate the CITY to form the DISTRICT or issue bonds therefor if this CITY for any reason abandons the proceedings therefor . SECTION 3 . This CITY hereby approves the AGREEMENT, in the form submitted to this CITY at this meeting or with such changes thereto as shall be approved by the Finance Director, and authorizes and directs the Finance Director to execute and deliver the AGREEMENT and accept and expend the deposit referred to therein in the manner specified in the AGREEMENT. SECTION 4 . GRC Municipal Finance, Inc. is hereby designated a financial consultant to the CITY, and Chilton & O ' Connor, Inc . is hereby designated as underwriter to the CITY, each in connection with th establishment of the DISTRICT and the issuance of special tax bonds of the CITY for the DISTRICT. The Finance Director is hereby authorized to execute and deliver agreements with said firms for their services in connection with the DISTRICT, the fees of said firms to be no more than those charged for similar work as determined by the Finance Director . -2- 6141 SECTION 5 . The law firm of Jones, Hall, Hill & White, A , jProfessional Law Corporation, is hereby designated as bond counsel to the CITY in connection with the formation of the DISTRICT and the special tax bonds expected to be issued by the CITY for the DISTRICT. The Finance Director is hereby authorized to execute and deliver an agreement with said firm for its services in connection with the DISTRICT and said bonds, the fees of said firms to be payable solely from the proceeds of said bonds and to be no more than those charged for similar work as determined by the Finance Director . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held of the 7TH day of May 1990 . Mayor ' ATTEST: APPROVED AS TO FORM: City Clerk t Attorney 31-yo REVIEWED AND APPROVED: VITIATED AN APPROVED: f City Administrator Director of Public Works -3- EL41S AVENUE ■.■■r�.■.. :� ■ .... . .:.............. ...,:..:.:.::.:.::: G,.. ,::.:.:....FtA O..DD........ . Qy� L . _0' co. U. .. .... :::.,::..:::.::.: ::: , . :: ii �RL.(2.7):�0�8;obb ; .: [ j+LIJ r CL y 0 ...;: :.:: :... . ::. :: :. :.:.c : . w W Q Q 1 9 3 v. . 0 ....... ..... ..:.......: y . P i f i c Plan ". ■ ec ;i:i Area :::.:_.__:.: cu:'.: :.::.: :: :: tA" i RA~4f b b co tt GARFIELD AVENUE Existing Zoning Exhibit 4 7 5 lb C,-t� uw,n� lro. c EI_L\S AVENUE —� It. N, Y I 2- 5' 6 k7 i(8; 9 (101�I I It - L ♦ 5 VI r 6 I5 I/ //' I/ �N 1514 /S /6 /7 k 1� 0 1/22 195 4 j I I I)MEW L 4.56 C. i 9 I 17' 6 / ►4 131_12. J � ll• 21 2J' co LOT A ' r J / O i O , Lo -- 4. 86 AG. • I 2' 3 4) 5 6 7: 8,09 10 11 2 ' 9 3 3/ 31 33 34135 36 /" _ �00 34 / �. 4 3 6 'I7 ' 8 2.43 AG. 1 20 19 18 17 16 15 C t2 '— I 2L _ 2 �l 7r 2l• LOT B ' DO. /.15 AG. I 2 3 4 SJ 6 \ 8�� 10 I I j- 1,50,51 52 53 2r. v 159-35 FUR S�(2E�Z W\O�NI►JG FAIRVIEW ADD. M. /Y! 7- 48 NOTE - ASSESSOR'S BLOCK 8 ASSESSOR'S AMP PARCEL NUMBERS BOOK 110 PAGE 19 SHOWN /N CIRCLES COUNTY OF ORANGE 1 1 0-1 q1 -2 ---- - .. Res. No. 6141 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 7th day of May 19 90 by the following vote: AYES: Councilmembers: Mac-Allister. Winchell, Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Cler and ex-offic!V Clerk of the City Council of the City of Huntington Beach, California EXHIBIT "A" DESCRIPTION OF FACILITIES TO BE FINANCED BY THE DISTRICT COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Goldenwest Avenue in the vicinity of the DISTRICT, including road improvements , curb, gutter, sidewalk, storm drain and signal improvements , striping and related improvements . Improvements to Quarterhorse Lane in the vicinity of the DISTRICT, including road improvements , curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Saddleback Lane in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Edwards Street in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements , striping and related- improvements . Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the DISTRICT, including related improvements . Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the DISTRICT, including any related work. Fire station improvements , including construction and related costs . Acquisition of emergency vehicle traffic interruption devices . SERVICES TO BE PROVIDED Police and Fire protection SERVICES, Paramedic SERVICES, in each case in addition to those currently provided in the DISTRICT. OTHER Costs of engineering , design, planning and coordination related to the above-listed FACILITIES . ;- ! Bond related expenses, including underwriters discount, reserve fund, capitalized interest , bond counsel and all other incidental ' expenses . Administrative fees of the City and the Bond trustee or fiscal agent related to the DISTRICT and the Bonds . -6- EXHIBIT "B" PROPOSED RATE METHOD OF APPORTIONMENT OF SPECIAL TAX INCLUDING ESTIMATED MAXIMUM ANNUAL AMOUNT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) I -7- - � . a.. . �. . - � p . � z � : - � � k . . .. . , - . ...... . !on e f >\ f ■ wl i . - er ■ ■ �