On August 11, 2014, the City adopted Phase 1 emergency water conservation measures and declared a Phase 1 Water Supply Shortage (pursuant to former Section 9.35 of the Municipal Code) due to the drought conditions at that time.
Phase 1 water conservation measures address up to a 20% shortage of water supplies and have been active from the date of its declaration. These measures contain the elements needed to comply with the recent state mandates, however, a Level 2 designation under the City’s amended Water Shortage Contingency Plan (WSCP) is recommended to better align with the Department of Water Resources shortage levels.
Staff recommends that the overall focus be on water conservation education and on outreach and enforcement on water waste. These efforts will further reduce the City’s overall water use, keep in compliance with State requirements, and position the City well if the drought continues or escalates further.
Level 2 Water Supply Shortage, Municipal Code Section 9.37 Seal Beach Municipal Code Section 9.37 (Water Shortage Contingency Response Ordinance) was recently adopted by City Council on May 23, 2022. Of the various actions in the code, the Level 2 water supply shortage includes an overall target reduction range of between 11% and 20%, which is consistent with the State’s goals. There are actionable items within Level 2, described below:
Three (3) watering or irrigating days per week
In a Level 2 declaration, the watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to a maximum of three (3) days per week. A reduction of watering days will save water and yet provide enough water to sustain most landscaping. Data indicates that the City’s water demand for irrigation purposes is the highest on Tuesdays, Thursdays, and Saturdays. To disrupt the watering schedules of the least amount of resident and customers, staff recommends that the City’s watering/irrigation days be these three days.
Cutback percentage, 11% - 20%
For the City to maintain compliance with the State’s orders, staff recommends a 11-20% cutback percentage. To deliver this cutback percentage the City will implement the water shortage Level 2 water demand reduction actions as stated in the City’s 2020 WSCP. The actions are as follows:
• Expanding the public information campaign.
• Directing agricultural users and commercial nurseries to curtail all nonessential water use. • Asking customers to repair leaks, breaks, and malfunctions in a timely manner.
• Limiting landscape irrigation days to three days per week.
• Maintaining previous levels of demand reduction actions and permanent water waste prohibitions.
Implementation and public outreach
City staff has developed a communication and outreach strategy as water conservation education is the staff’s primary focus. This has been a proven way to reduce water use and waste. Staff has begun enhanced drought and conservation communications and is using various outreach methods including flyers, bill inserts, yard signs, print media, City website, and community events/meetings. As a last resort, enforcement may be used on wasted water (i.e., water running down the gutter).
New State prohibition on Commercial, Industrial, and Institutional (CII) properties watering non-functional turf
In its recently adopted emergency regulation, the State Water Resources Control Board adopted a new prohibition for Commercial, Industrial, and Institutional (CII) properties watering non-functional turf. Non-functional turf means turf that is solely ornamental (decorative) and not regularly used for human recreational purposes or for civic or community events. This is not lawns adjacent to homes; rather it is referring to decorative lawns that are commonly found at the entrances to business and communities, or parkways along frontage roads. There are exemptions such as when watering is required to ensure the health of trees and other perennial nonturf planting. Enforcement from State Water Recourses Control Board is currently unclear, especially as an emergency regulation as opposed to a new State law.
City staff has begun the educational outreach regarding this to businesses and to homeowner associations. Partial compliance is expected immediately. However, transitioning to full compliance may take some time to prevent health and safety issues, preserve surrounding trees/ landscaping and give property owners the benefit of the doubt regarding human use of these turf areas.
Overall, the City is in good position because of its past water conservation efforts and would like to continue its efforts as a conserver. Additional water use savings have already begun. State requirements along with the new water demand reduction actions taken by the City should garner overall water savings of over 11%. To fully comply with new State requirements, staff recommends implementation and actions as described for a Level 2 water supply shortage.
ENVIRONMENTAL IMPACT:
Pursuant to Section 5 of the Governor’s Executive Order N-7-22, the declaration of a Level 2 Water Supply Shortage is not subject to the California Environmental Quality Act (CEQA) or State CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has approved the resolution as to form.
FINANCIAL IMPACT:
The Water Fund will likely experience a reduction in revenue due to reduced water sales. The City has set aside Water Fund reserves to mitigate short-term water shortage situations. Staff will continue to monitor projected revenues and expenditures should an extreme shortage and a large reduction in water sales occur for an extended period of time.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council:
1. Open and conduct a public hearing to receive input regarding the Level 2 Water Supply Shortage; and,
2. Adopt Resolution 7319 declaring a Level 2 water supply shortage as mandated by the State Water Resources Control Board; and,
3. Direct staff to implement additional water conservation public education and use restrictions to conserve water.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee
Acting Director of Public Works
Jill R. Ingram, City Manager
Prepared by: Sean Sabo, Management Analyst
ATTACHMENTS:
A. Resolution 7319
RESOLUTION 7319
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE
AS MANDATED BY THE STATE WATER RESOURCES
CONTROL BOARD
WHEREAS, California is currently experiencing a state-wide drought; and, WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22, which directed the State Water Resources Control Board (“State Water Board”) to consider adopting emergency regulations to increase water conservation and requested the State Water Board to require urban water suppliers to implement Level 2 of their water shortage continency plans; and, WHEREAS, on May 24, 2022, the State Water Board adopted Resolution No. 2022-0018, to enact an emergency regulation relating to drought response actions by amending Title 23 of the California Code of Regulations to add new section 996 (“Emergency Regulation”); and,
WHEREAS, the Emergency Regulation, which took effect June 16, 2022 and will remain in effect for one year unless the State Water Board modifies it, ends it earlier, or readopts it, requires each urban water supplier to implement at a minimum all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code Section 10632 for a shortage level of eleven (11) to twenty (20) percent (Level 2); and,
WHEREAS, Seal Beach residents, businesses, and other local institutions have taken bold steps over the years to reduce water use and the City of Seal Beach and the Orange County Water District (OCWD) have invested in water resiliency and water reliability within our groundwater basin; and, WHEREAS, the City’s public information and awareness campaign regarding the current drought continues to be instrumental in achieving conservation goals and reducing water waste; and,
WHEREAS, the “Save Our Water” statewide water conservation program (SaveOurWater.com), and the City’s water conservation campaign (ocwatersmart.com) are great resources for water conservation information, tips, rebates, and water saving landscape designs; and,
WHEREAS, Governor Newsom and the State Water Board have determined that additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional (CII) sectors are required; and, WHEREAS, these additional conservation actions will help State and local water supplies; and,
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council does hereby declare a Level 2 Water Supply Shortage to comply with the State Water Board’s Emergency Regulation mandating implementation of demand reduction actions associated with the Level 2 Water Supply Shortage condition as identified in the City’s Water Shortage Contingency Plan.
Section 2. In accordance with Seal Beach Municipal Code Section 9.37 (Water Shortage Contingency Response Ordinance), the following water use restrictions for a Level 2 Water Supply Shortage condition are imposed:
A. Irrigation of any lawn, landscape, or other vegetated areas using potable water is limited to three (3) times per week. This restriction does not apply with the following:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket similar container, a hand-held hose equipped with a positive self-closing water shut-off muzzle or device, or a low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system.
B. Agricultural users and commercial nurseries shall curtail all non-essential water use, but are otherwise exempt from Level 2 measures. Watering of livestock and irrigation of propagation beds are permitted at any time.
C. Each water user shall repair all leaks from indoor and outdoor plumbing fixture at the user’s premises. Such water user shall eliminate any loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system promptly after discovering the leak and in no event in less than four (4) days.
Section 3. This declaration of water supply shortage and the accompanying mandatory water use restrictions and conservation measures set forth herein shall become effective upon the adoption of this resolution and shall remain in full force. Upon determining that water shortage conditions no longer exist, the City Council shall adopt a resolution declaring an end to the water shortage.
Section 4. Pursuant to Section 5 of the Governor’s Executive Order N-7-22, the adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) or State CEQA Guidelines.
Section 5. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 6. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 7. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7319 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.
Gloria D. Harper, City Clerk
1 Gloria Harper
From: MikePruz <[email protected]>
Sent: Monday, July 25, 2022 9:04 AM
To: Gloria Harper
Subject: Michael Pruznick public comments for 2022-07-25 Item L (Water Shortage) SUBJECT:
Michael Pruznick public comments for 2022-07-25 Item L (Water Shortage) ITEM:
Public comments for Seal Beach City Council, meeting date 2022-07-25, Item L, "Declaration of a Level 2 Water Supply Shortage", Resolution 7319, "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE AS MANDATED BY THE STATE WATER RESOURCES CONTROL BOARD." SUMMARY:
As written this resolution 7319 doesn't conserve water, but frees it up for growth and expansion. Please add a section 9 to eliminate all new or expanded water taps so the water is conserved and not just transferred to other uses.
DETAILS:
In order for water conservation to be meaningful, add a section 9 to eliminate all new or expanded water taps. There is no point in telling people to conserve water if all that is going to happen is for their conserved water to be given to growth and expansion. As that growth and expansion comes on-line, total water use will be the same, if not more, and the State/City will have to ask the people to conserve again. This is not a solution, but an ever worsening problem.
The problem to be solved is lack of water to get through the predicted drought (or possible aridity) or until reservoirs can be filled or new sources can be developed. This means reducing total water use, not decreasing water use per capita while increasing the number of capita (permanent, visitors, employees, customers).
I have no problem conserving to make it through tough times, but that is not what this resolution does.
Michael "mikepruz" Pruznick [email protected] http://pruz.org/mike/ Date: 7/24/2022
To: City of Seal Beach City Clerk [email protected] Subj: Public Comment Submission for City Council Meeting 7/25/2023 Item L.
From: Nick Massetti, Resident 1360 Del Monte Drive Unit B24, Seal Beach CA 90740 Pursuant to the following instruction I submit this item for the Public Hearing on Item L Declaration of a Level 2 Water Supply Shortage.
“Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at [email protected]”
Dear Ms. Harper.
I have two questions related to AGENDA STAFF REPORT with Subject: Declaration of a Level 2 Water Supply Shortage, in the BACKGROUND AND ANALYSIS portion and specifically in the section with title:
Level 2 Water Supply Shortage, Municipal Code Section 9.37.
That section describes the actionable items that ultimately appear in Resolution 7319 that is before the Council. Those are the three watering days, five (5) specific items under cutback percentage and various methods of public outreach. Also in that section is described a fourth measure which has been included in the new State Water Board declaration relating to the prohibition on watering non-functional turf. In that paragraph non-functional turf is distinguished by the statement: “This is not lawns adjacent to homes.”
My first question is: Why isn’t the prohibition on watering non-functional turf spelled out in Resolution 7319. Not including any mention of this important requirement gives the impression it is not a requirement in the City of Seal Beach. The only place it is inferentially mentioned in the Resolution is in the paragraph:
“WHEREAS, the Emergency Regulation, which took effect June 16, 2022 and will remain in effect for one year unless the State Water Board modifies it, ends it earlier, or readopts it, requires each urban water supplier to implement at a minimum all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code Section 10632 for a shortage level of eleven (11) to twenty (20) percent (Level 2);”
That paragraph only states that the Regulation requires each water supplier to implement at a minimum all the actions of the City’s level 2 Water Shortage Plan, which are the three items described in the Staff Report. There is no mention of the prohibition on watering non-functional turf. I suggest it is important to include such language to avoid the misperception that the prohibition on watering non-functional turf is NOT in effect in the City.
My second question relates to the Staff Report statement: “This is not lawns adjacent to homes.” The question is why was this statement not included in the presentation made on July 7, 2022 by the City Deputy Public Works Director and the representative for John L. Hunter & Associates to the Leisure World President’s Council. As for the other approximately 12,500 homes in the City of Seal Beach the 6,608 homes in Leisure World have relatively small strips of turf adjacent to their homes. They would appreciate being treated as any other homeowner in the City and given this deference and instruction and relief. I insert a typical photo showing such strips in Leisure World at the end of this public comment.
In summary, please include in Resolution 7319 at least some indication that there is a prohibition on watering non-functional turf and then please inform the residents of Leisure World that the lawns directly adjacent to their homes are exempt from that prohibition like all the other homes in the City.
Thank you for all you do for all of the City’s Residents, Nick Massetti
Public Hearing
for the City of Seal Beach’s
Declaration of a Level 2 Water Supply Shortage
July 25, 2022
Drought Conditions
• As of July 2022
• Water year to date rainfall in Orange County is 7.43 inches, which is 59% of normal.
• Northern California rainfall is 83% of normal; (2021 was 48%, year 2020 was 63%). Snowpack was 27% of normal.
• The Upper Colorado Basin rainfall was 97% of normal. Snowpack was 86% of normal.
• Lake Mead and Lake Powell combined have about 37% of their average storage volume and 27.1% of their total capacity.
• For the first time on the Colorado River, Lake Mead’s levels have fallen below the “trigger” limit of 1,075 ft. (as of early July Lake Mead is at 1,043 ft.).
Reservoir Levels
Lake Mead, Nevada
Lake Powell, Utah
Relevant History (2014 – Present)
• August 11, 2014
Seal Beach City Council declares a Phase 1 Water Supply Shortage from the previous Water Shortage Contingency Plan (WSCP)
• Apr-Oct 2021
Governor Newsom issues proclamations regarding California’s drought emergency • March 28, 2022
Governor Newsom issues Executive Order N-7-22
• May 23, 2022
City Council amends the 2020 WSCP (Ordinance 1695)
• May 24, 2022
State Water Resources Control Board (State Board) adopts Resolution No. 2022-0018 • June 10, 2022
the State Board’s emergency regulation goes into effect (City’s 2014 Phase 1 Shortage still in effect) 2020 WSCP & Amended 2020 WSCP Comparison
Previous WSCP
Water Shortage
Phases (3)
Current WSCP
Water Shortage
Levels (6)
Shortage Level 1
(Up to 10%)
Shortage Level 2
(11% to 20%)
Shortage Level 3
(21% to 30%)
Shortage Level 4
(31% to 40%)
Shortage Phase 1
(Up to 20%)
Shortage Phase 2
(Up to 40%)
Shortage Phase 3
(Greater than 40%) Shortage Level 5
(41% to 50%)
Shortage Level 6
(Greater than 50%)
Level 2 Actions
Cutback percentage of 11-20%
• Reducing irrigation days to three per week
• For automatic landscaping sprinklers
• Tuesday, Thursday, Saturday
• Hand watering is exempt
• Education and awareness focus
• Expanding our public information campaign
• Directing agricultural users and commercial nurseries to curtail all nonessential water use • Asking customers to repair water leaks, breaks, and malfunctions promptly after discovery and in no event in less than 4 days
Prohibition on Commercial, Industrial, and Institutional (CII) properties of watering non-functional turf
• State Board Resolution No. 2022-0018
• Went into effect on June 16, 2022
• State’s Definition
• Turf that is solely ornamental (decorative) and not regularly used for human recreational purposes or for civic or community events
• Exemptions
• The turf is used for human recreation, civic purposes, sports or play • The turf is irrigated with recycled water or non-potable water • The turf is on the same valve as at least one tree or perennial non-turf planting • The turf is at a residential location, not a CII location. The exception to this is common areas in HOAs. Unless one of the above exemptions applies, HOA common areas are included in this turf irrigation ban.
Implementation, Education, and Public Outreach
• Education Focus
• Flyers*
• Bill inserts*
• Door hangers
• Signage*
• Electronic Message Signs*
• Social and Print media
• City Website*
• SaveOurWater.com (DWR & ACWA)
• [email protected]
Rebates & Incentives
• OcWaterSmart.com (MWDOC)
• Residential and Commercial Rebates and Programs
• Turf removal program
• Landscape design assistance
• Landscape maintenance assistance program
• Smart sprinkler timers, sprinkler nozzles, drip irrigation • Soil moisture sensors, rain barrels
• Clothes washers and toilets
• Commercial ice machines, steamers, pumps, valves
• Residential and Commercial Resources
Staff Recommendation
• Adopt Resolution 7319, declaring a Level 2 Water Supply Shortage as mandated by the State Board
• Direct staff to implement additional water conservation public education and use restrictions to conserve water
Level 0 Demand Reduction Actions (Permanent)
• Outside watering of lawns, landscaping, and all other vegetated areas is prohibited between 9:00 a.m. and 5:00 p.m. and is limited to no more than 15 minutes per station per day. Drip irrigation and hand watering are exempt.
• No landscape watering within 48 hours after measurable precipitation. • No excessive water flow or runoff onto sidewalks, driveways, streets, alleys, or gutters when watering lawns, landscaping, and vegetated areas.
• Water users must repair water leaks, breaks, and malfunctions promptly after discover and in no event in less than 7 days.
• No person can wash a motor vehicle, trailer, boat or other type of mobile equipment other than by a handheld bucket or by a hose equipped with a positive shut-off nozzle. • Water fountains or other decorative water features that do not use re-circulated water are prohibited. • Restaurants, cafes, and hotels can serve water only upon request. • Washing down hard or paved surfaces with water is prohibited, except to alleviate immediate fire or sanitation hazards.
• Irrigating ornamental turf on public street medians is prohibited.
Level 1 Demand Reduction Actions (Up to 10%)
• Outside watering is not to be performed except on designated irrigation days and between the hours of 6:00 p.m. and 6:00 a.m. and is limited to no more than 15 minutes per station per day. Drip irrigation and hand watering are exempt. • Agricultural users and commercial nurseries shall curtail non-essential water use. • Filling or refilling of swimming pools, spas, ponds, and artificial lakes shall be performed only on designated irrigation days and between the hours of 6:00 p.m. and 6:00 a.m.
• Watering golf courses, parks, school grounds and recreational fields shall be performed only between the hours of 6:00 p.m. and 6:00 a.m. Golf course greens are exempt.
• Water users must repair water leaks, breaks, and malfunctions promptly after discover and in no event in less than 5 days.
• Water fountains or other decorative water features shall not be operated.
Level 2 Demand Reduction Actions (11-20%)
• Outside watering of lawns, landscaping, and all other vegetated areas is limited to three (3) days per week.
• Water users must repair water leaks, breaks, and malfunctions promptly after discover and in no event in less than 4 days.
Level 3 Demand Reduction Actions (21-30%)
• Outside watering of lawns, landscaping, and all other vegetated areas is limited to two (2) days per week.
• Outside watering is not to be performed except on designated irrigation days and between the hours of 10:00 p.m. and 6:00 a.m. and is limited to no more than 15 minutes per station per day. Drip irrigation and hand watering are exempt.
• Water users must repair water leaks, breaks, and malfunctions promptly after discover and in no event in less than 3 days.
• Filling or refilling of swimming pools, spas, ponds, and artificial lakes shall be performed only on designated irrigation days and between the hours of 10:00 p.m. and 6:00 a.m. • Watering golf courses, parks, school grounds and recreational fields shall be performed only between the hours of 10:00 p.m. and 6:00 a.m. Golf course greens are exempt. • New construction meters and permits for unmetered service shall not be issued.
Construction water shall not be used for earth work or road construction purposes.
Agenda Item M
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Approval of the Annual Special Taxes for Community Facilities District No. 2002-01 “Heron Pointe”
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7320 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe”.
BACKGROUND AND ANALYSIS:
On September 23, 2002, the City approved the establishment of Community Facilities District (CFD) 2002-01 known as Heron Pointe (“the District”) and approved Ordinance No. 1490 authorizing the levy of special taxes within the District. However, the development was faced with various delays related to the discovery of a Native American burial site within the District’s boundaries. As a result, final California Coastal Commission approval was not received until July 2005. Immediately upon receipt of final approval, the City issued $3,985,000 of CFD Bonds to fund the cost of various improvements within the District. Per the Official Statement dated June 5, 2015, the City issued $3,480,000 Special Tax Refunding Bonds, Series 2015 and scheduled the outstanding amount of the CFD Bonds issued in 2005 to be redeemed in full.
The City contracted with Willdan Financial Services to calculate special taxes for the District for Fiscal Year (FY) 2022-2023. The special taxes collected are considered special revenue. Special revenue sources are legally restricted to specific purposes. As a result, this special tax is not included in the General Fund revenues.
The special taxes will satisfy debt service on the Bonds. The method of assessment for the special taxes is described in the Amended Rate and Method of Apportionment section of the CFD Report prepared by contractor Taussig and Associates and submitted to Council on January 12, 2004. The method of assessment defines two primary categories of property: Developed Property and Undeveloped Property. The category of Developed Property is further divided into
five separate special tax classifications that vary with land use (e.g., residential and non-residential) and floor area (in square feet). The FY 2022-2023 maximum and actual special taxes per unit/acre are listed as follows:
Community Facilities District No. 2002-01
Fiscal Year 2022-2023 Special Taxes for
Developed and Undeveloped Property
Tax
Class Description
Residential
Floor Area
Assigned/Maximum
Special Tax per
Unit/Acre
FY 2022-2023
Actual Special
Tax per
Unit/Acre
1 Residential > 4,000 SF $6,521.62 $4,250.90
2 Residential 3,750 – 3,999 SF $6,190.05 $4,034.76
3 Residential 3,500 – 3,749 SF $5,973.07 $3,893.34
4 Residential < 3,500 SF $5,570.80 $0.00
5 Non-Residential NA $51,169.73 $0.00
NA Undeveloped NA $57,345.15 $0.00
Exhibit A of the Resolution shows the FY 2022-2023 special tax levy for each parcel being taxed.
Total expenditures for FY 2022-2023 are estimated at $260,077.23. This estimate includes debt service payments of $249,518.76 and administrative expenses of $10,558.47. Total revenues from the special tax are estimated at $260,076.60 for FY 2022-2023. There is a small variance in total expenditures to total revenue due to a County submittal requirement that charges must be even and divisible by two.
No credit will be applied to the levy this fiscal year.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed the item and approved the resolution as to form.
FINANCIAL IMPACT:
There is no Financial Impact.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan
MEASURE BB:
This item is not applicable to Measure BB, of the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7320 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe”.
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado, Jill R. Ingram, City Manager
Director of Finance/City Treasurer
ATTACHMENTS:
A. Resolution 7320
RESOLUTION 7320
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FISCAL YEAR 2022-2023 ANNUAL SPECIAL
TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2002-
01 (HERON POINTE)
WHEREAS, the City Council of the CITY OF SEAL BEACH (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in the City’s Community Facilities District No. 2002-01 (Heron Pointe) (the “District”), all as authorized pursuant to the terms and provisions of the “MelloRoos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District; and WHEREAS, the City Council desires to establish the specific rate of the special tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2022-2023) for the District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”.
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.
Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to the City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2022-2023 Tax Roll subsequent to the submittal deadline of August 10, 2022, the City Council directs the City of Seal Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7320 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.
Gloria D. Harper, City Clerk
Assessor's
Parcel Number
FY22-23
Special Tax
Assessor's
Parcel Number
FY22-23
Special Tax
199-201-01 $ 4,034.76 199-201-39 $ 3,893.34
199-201-02 3,893.34 199-201-40 4,034.76
199-201-03 4,250.90 199-201-41 3,893.34
199-201-04 3,893.34 199-201-42 4,034.76
199-201-05 4,034.76 199-201-43 3,893.34
199-201-06 4,250.90 199-201-44 4,250.90
199-201-07 4,034.76 199-201-45 4,034.76
199-201-08 4,250.90 199-201-46 4,250.90
199-201-09 3,893.34 199-201-47 4,034.76
199-201-12 4,250.90 199-201-48 3,893.34
199-201-13 3,893.34 199-201-49 4,034.76
199-201-14 4,034.76 199-201-50 3,893.34
199-201-15 3,893.34 199-201-51 4,250.90
199-201-16 4,250.90 199-201-52 4,034.76
199-201-17 3,893.34 199-201-53 4,250.90
199-201-18 4,250.90 199-201-54 4,034.76
199-201-19 3,893.34 199-201-55 4,250.90
199-201-20 4,250.90 199-201-56 4,034.76
199-201-21 4,034.76 199-201-57 4,250.90
199-201-22 4,250.90 199-201-58 4,034.76
199-201-23 4,034.76 199-201-59 3,893.34
199-201-24 4,034.76 199-201-60 4,034.76
199-201-25 4,034.76 199-201-61 4,250.90
199-201-26 3,893.34 199-201-62 4,250.90
199-201-27 4,250.90 199-201-63 3,893.34
199-201-28 3,893.34 199-201-64 4,034.76
199-201-29 4,034.76 199-201-65 3,893.34
199-201-30 4,250.90 199-201-66 4,250.90
199-201-31 4,034.76 199-201-67 3,893.34
199-201-36 4,034.76 199-201-68 4,034.76
199-201-37 3,893.34 199-201-69 4,034.76
199-201-38 4,250.90 199-201-70 4,250.90
$ 260,076.60
64 Exhibit "A"
City of Seal Beach CFD 2002-01
Fiscal Year 2022-2023 Special Tax Levy
Total FY 2022-2023 Special Tax
Total Number of Parcels Taxed
Agenda Item N
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 “Seal Beach
Blvd./Lampson Ave. Landscape Maintenance District”
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7321 approving the annual Fiscal Year 2022-23 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Ave. Landscape Maintenance District”.
BACKGROUND AND ANALYSIS:
In July 2003, the City Council authorized a special tax to be levied within the Communities Facilities District No. 2002-02 known as Seal Beach Boulevard/Lampson Avenue Landscape Maintenance (“the District”). The special tax is levied against parcels on the east side of Seal Beach Boulevard to Lampson Avenue beginning north of the I-405 Freeway off-ramp and ending at the City limits. The Fiscal Year (FY) 2022-2023 annual special tax is being increased from the prior fiscal year by the annual change in the Consumer Price Index for all Urban Consumers in the Los Angeles-Riverside-Orange County area, as measured between March of the second fiscal year prior to that fiscal year and March of the fiscal year immediately preceding that fiscal year. Only parcels located within the established District are charged this special tax for landscape maintenance. The special tax is calculated per gross land acreage multiplied by the land area of the parcel. The special tax rates for each area of the District are illustrated as follows:
Community Facilities District No. 2002-02
Special Tax Rates
Fiscal Year 2022-2023
Tax Area APPLIED SPECIAL
TAX RATES
MAXIMUM SPECIAL
TAX RATES
A $711.03 $1,050.09
B $93.61 $138.25
C $12,705.09 $18,763.44
The special taxes collected are considered special revenue. Special revenue sources are legally restricted to specific purposes, in this case, the landscape maintenance of public properties within the District boundaries; and therefore, are not included in the General Fund revenues. Total revenues from the special tax are estimated at $139,691.19 for FY 2022-2023.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this item and approved the resolution as to form.
FINANCIAL IMPACT:
There is no financial impact.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7321 approving the annual Fiscal Year 2022-23 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Ave. Landscape Maintenance District”.
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado Jill R. Ingram, City Manager
Director of Finance/City Treasurer
ATTACHMENTS:
A. Resolution 7321
RESOLUTION 7321
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FISCAL YEAR 2022-2023 COMMUNITY
FACILITIES DISTRICT NO. 2002-02 (SEAL BEACH
BLVD/LAMPSON AVE. LANDSCAPE MAINTENANCE DISTRICT)
WHEREAS, the City Council of the CITY OF SEAL BEACH (hereinafter referred to as the “Agency”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as “the District”; and
WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities Districts, and this City Council is desirous to establish the specific rate of the special tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2022-2023) for the referenced District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”.
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council, and is not in excess of that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.
Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2022-2023 Tax Roll subsequent to the submittal deadline of August 10, 2022, the City Council directs the City of Seal Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7321 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.
Gloria D. Harper, City Clerk
Exhibit “A”
Community Facilities District No. 2002-02
Special Tax Rates
Fiscal Year 2022-2023
Tax Area APPLIED SPECIAL
TAX RATES
MAXIMUM SPECIAL
TAX RATES
TOTAL
REVENUE
A $711.03 $1,050.09 $17,757.35
B $93.61 $138.25 14,359.84
C $12,705.09 $18,763.44 107,574.00
Total Revenue $139,691.19
Agenda Item O
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Finance Director/Treasurer
SUBJECT: Approval of the Annual Special Taxes For Community Facilities District No. 2005-01 “Pacific Gateway Business Center”
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7322 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center”.
BACKGROUND AND ANALYSIS:
In January 2006, the City approved the establishment of Community Facilities District (CFD) No. 2005-01 known as the Pacific Gateway Business Center (“the District”). On February 13, 2006, the City Council approved Ordinance 1542 levying the special taxes within the District. Subsequently, in May 2006 the City issued $8,800,000 of CFD Bonds to fund the costs of various improvements within the District. Per the Official Statement dated January 6, 2016, the City issued $8,450,000 Special Tax Refunding Bonds, Series 2016 and scheduled the outstanding amount of the CFD Bonds issued in 2006 to be redeemed in full.
The City contracted with Willdan Financial Services to calculate the special taxes for the District for Fiscal Year (FY) 2022-2023. The special taxes collected are considered special revenue. Special revenue sources are legally restricted to specific purposes. As a result, this special tax is not included in the General Fund revenues.
Special taxes were segregated into two groups: A and B. Special Tax A will satisfy debt service on the Bonds (“Debt Service”) and Special Tax B will satisfy costs related to the maintenance of parks, parkways and open space within the District (“Landscape Maintenance”). Exhibit “A” of the resolution shows the FY 2022-2023 special tax levy for each parcel being taxed.
The method of assessment for Special Taxes A & B is described in the Rate and Method of Apportionment section of the Official Statement. The method of
assessment defines two primary categories of property: Developed Property and Undeveloped Property. Special Tax A allows for a maximum assessment rate of $20,587.75 per Acre on Developed Property within the District. This rate is to be increased by an amount equal to two percent (2%) for FY 2022-2023. The FY 2022-2023 maximum and actual Special Tax A per Acre is listed as follows:
Community Facilities District No. 2005-01
FY 2022-2023 Special Tax A for
Developed and Undeveloped Property
Description
Maximum
Special Tax A
per Acre
FY 2022-2023
Actual Special Tax A
per Acre
Developed Property $20,587.75 $12,451.62
Undeveloped Property $20,852.40 $0.00
Total expenditures for FY 2022-2023 are estimated at $559,451.54. This estimate includes debt service payments of $539,050.00 and administrative expenses of $20,401.54. Total revenues from Special Tax A are estimated at $559,451.44 for FY 2022-2023. There is a small variance in total expenditures to total revenue due to a County submittal requirement that charges must be even and divisible by two.
No credit will be applied to the levy this fiscal year.
The maximum Landscape Maintenance special tax for FY 2022-2023 is $3,252.76 per Acre within the District. This rate is to be increased by an amount equal to two percent (2%) for the following FY 2023-2024. The FY 2022-2023 maximum and actual Special Tax B per Acre are listed as follows:
Community Facilities District No. 2005-01
FY 2022-2023 Special Tax B for
Developed and Undeveloped Property
Description
Maximum
Special Tax B
per Acre
FY 2022-2023
Actual Special Tax B
per Acre
Developed Property $3,252.76 $2,111.81
Undeveloped Property $3,252.76 $0.00
Total expenditures for FY 2022-2023 are estimated at $94,883.80. Total revenues from Special Tax B are estimated at $94,883.70 for FY 2022-2023. There is a small variance in total expenditures to total revenue due to a County submittal requirement that charges must be even and divisible by two.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this item and approved the resolution as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7322 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center”.
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado, Finance
Director/Treasurer
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7322
RESOLUTION 7322
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING COMMUNITY FACILITIES DISTRICT NO. 2005-01
(PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING
ANNUAL SPECIAL TAX FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council of the CITY OF SEAL BEACH (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in the City’s Community Facilities District No. 2005-01 (Pacific Gateway Business Center) (the “District”), all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District; and WHEREAS, the City Council desires to establish the specific rate of the special tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2022-2023) for the District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”.
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.
Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to the City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2022-2023 Tax Roll subsequent to the submittal deadline of August 10, 2022 the City Council directs the City of Seal Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7322 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.
Gloria D. Harper, City Clerk
Tract Assessor's Parcel Number FY22-23 Special Tax
16375 095-791-01 $47,185.52
16375 095-791-02 48,350.60
16375 095-791-03 65,244.20
16375 095-791-04 80,098.90
16375 095-791-05 62,331.50
16375 095-791-06 46,166.08
16375 095-791-07 46,894.24
16375 095-791-11 134,566.18
16375 095-791-12 78,933.82
16375 095-791-13 44,564.10
Total Fiscal Year 2022-2023 Special Tax: $654,335.14
Total Number of Parcels Taxed: 10
"Exhibit A"
City of Seal Beach CFD No. 2005-01
FY 2022-2023 Special Tax Levy