HomeMy WebLinkAbout1991-01-29; City Council; Resolution 91-40m L .
RESOLUTION NO. 91-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO
INCUR A BONDED INDEBTEDNESS AND SUBMITTING A
COMMUNITY FACILITIES DISTRICT
PROPOSITION TO THE QUALIFIED VOTERS OF A
WHEREAS, the CITY COUNCIL of the CITY OF CARLS
CALIFORNIA, (hereinafter referred to as the "legislative boc
the local Agency"), has previously declared its intention
held and conducted a public hearing relating to the issuanc
bonds to be secured by special taxes to pay for certain PL
capital facilities in a community facilities district, as at
rized pursuant to the terms and provisions of the "Mello-
Community Facilities Act of 1982", being Chapter 2.5, Par
Division 2, Title 5 of the Government Code of the Stat
California, said Community Facilities District shall herein?
be referred to as COMMUNITY FACILITIES DISTRICT NO. 1 (her
after referred to as the "District"); and,
WHEREAS, at this time this legislative body is desirou
proceed to make the necessary findings to incur the bo
indebtedness, to declare the purpose for said debt, anc
authorize the submittal of a combined proposition to the vo
of said District, being the landowners of the proposed Distr
all as authorized and required by law; and,
WHEREAS, a special election is to be held in the Cit:
Carlsbad, California, (hereinafter referred to as the "1
Agency"), at which time there will be submitted to the quali
electors of said District certain propositions relating to
authorization to levy a special tax and the incurring c
W - bonded indebtedness in order to pay for certain capital fac
ties to serve the District,' pursuant to the provisions of
"Mello-Roos Community Facilities Act of 1982", as refere
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true
NECESSITY FOR BOND ISSUE
SECTION 2, That this legislative body hereby exprc
s and states that it is necessary to incur a bc
ness as authorized under the terms and provisions of
00s Community Facilities Act of 1982", in orde
he below described public capital facilities.
PURPOSE OF BOND ISSUE
SECTION 3. That the purpose for the proposed bc
ess and facilities proposed to be financed through
of said bonds, is generally described as follows:
I, Public facilities generally describe
rary facility, a major addition to an existing lit
a City Hall complex, and the addition of office
facilities at the public safety center.
11. Park improvements generally designate
0 CANYON PARK.
111. Major street improvements in portion
ing designated public streets: FARADAY AVENUE, C?
OSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD
LEUCADIA BOULEVARD.
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IV. ' Major bridge and overpass facili
generally described as the LA COSTA INTERCHANGE, POINSETTIA
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
BOUNDARIES OF DISTRICT
SECTION 4. That the whole of the District will pay for
above-referenced bonded indebtedness. A qeneral descriptio
the District is as follows:
All property within the boundaries of COMMI
FACILITIES DISTRICT NO. 1, as shown on a map as previc
approved by this legislative body, said map designated by
name of this Community Facilities District, a copy of whic
on file in the office of the City Clerk.
BOND AMOUNT
SECTION 5. That the amount of the proposed bc
indebtedness , including the cost of the facilities, toga
with all incidental expenses, contingencies and financing c
is generally estimated to be:
$130,000,000.00
Said costs are represented in current dol
and are subject to escalation to provide for increases
future phases of construction.
BOND TERMS
SECTION 6. That it is hereby further determined that b
shall be issued and the maximum term of bonds and/or any se
shall not exceed forty (40) years, and said bonds may be is
in differing series, at differing times. The maximum rat
interest to be paid on said bonds shall not exceed the gre
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of either twelve percent (12%) per annum or the maximum
permitted by law at the time of sale of any of said bonds.
interest on said bonds shall be payable semi-annually, and
principal on said bonds shall be paid annually, with
payments being made to the registered owner of said bonds
authorized by law. The bonds, except where other funds are
available, shall be paid exclusively from the annual levy of
special tax, and are not secured by any other taxing powe
funds of the Community Facilities District or the City.
ELECTION
SECTION 7. The proposition related to the incurring of
bonded indebtedness shall be consolidated with the proposi
relating to the levy of the special tax, shall be combined
one ballot proposition, and shall be submitted to the quali
voters at a special election to be held on the 7TH DAY OF
1991, and said election shall be a special mailed ba
election to be conducted by the City Clerk (hereinafter refe
to as "Election Official"). If the combined proposition for
levy of the special tax and the incurring of the bonded indeb
ness receive the approval of more than two-thirds (2/3) of
votes cast on the proposition, bonds may be authorized, is
and sold for the purposes set forth herein and the special
may be levied as provided for in the Resolution of Formation.
BALLOT
SECTION 8. That the ballot proposal to be submitted to
qualified voters at the election shall generally be as follow
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PROpOSITION A
Shall the City of Carlsbad, Community
Facilities District No. 1, County of
San Diego, 1) incur a bonded indebtedness
in an amount estimated to.be $130,000,000,
subject to infbat;ion, f9 finance tho
installation of public facilities generally
described as a new library facility, a major
City Hall complex, and the addition of office I YES I
and warehouse facilities at the public safety I I
Macario Canyon Park, major street improvements I NO I
in portions of Faraday Avenue, Cannon Road, La I I
Costa Avenue, Olivenhain Road/Rancho Santa Fe
Road and Leucadia Boulevard, and major bridge
and overpass facilities described as the La
Costa Interchange, Poinsettia Lane Interchange
and Palomar Airport Road Interchange, 2) levy
special taxes to pay for said facilities and/or
to pay for any authorized and issued bond
indebtedness, and 3) establish an Article XIIIB
appropriations limit equal to the maximum autho-
rized special taxes which may be levied in any
fiscal year?
addition to an existing library building, a I I
center, and park improvements designated as the I I
The rate and method of apportionment of the special tax s
generally be as follows:
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Community F
lities District shall be subject to ANNUAL SPECIAL TAXEE
applicable, based upon the property categories, maximum
rates, increases and status of the issuance of building perm
all as hereinafter set forth. Improvement Area I refers to
properties within the boundaries of the City of Carlsbad Br
and Thoroughfare District. Improvement Area I1 is for
remaining properties within the Community Facilities Distr
not within the Bridge & Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building pe
shall be subject to the following maximum annual special ta
subject to increases as set forth herein:
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MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERT
PER DEVELOPABLE ACRE FOR FISCAL YEAR iggo/iggi
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,2946100 1,217tOO
Residential Medium to High 1,984 00 1,868.00
Residential High 2,793.00 2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential pro
ties shall be subject to the following described SPECIAL DEVE
MENT TAX - ONE TIME, also subject to increases as set f
herein, as follows:
MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 4,452.00 $ 3,835.00
Residential Low to Medium 4,452.00 3,835 .OO
Residential Medium 2 , 810.00 2,312 -00
Residential Medium to High 2,810.00 2 , 312.00
Residential High 2,810.00 2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to
issuance of a building permit shall be subject to the follo
maximum annual special taxes, also subject to increases as
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPER
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance c
building permit, shall have the option to (1) pay the SPE~
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DEVELOPMENT TAX - ONE TIME! or (2) assume the ANNUAL SPECIAL - DEVELOPED PROPERTY for a period of not to exceed twenty-
(25) years, generally in the amounts per property categor?
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FIS
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
$ 28.46 $ 7.58
Outdoor Tennis Courts 28.14 7.26
27.31 6.74
Bank with Drive-thru 18.06 5.72
17.51 4.99
Restaurant - Sit Down 15.17 4.73
14.85 4.41
Bank - Walk In 12.83 4.60
8.11 2.89
Grocery store 7.78 2.56
7.59 3.48
Bowling Center 6.63 2.83
6.57 3.09
6.46 2.27
6.31 2.52
S & L - Walk In 5.51 3.03
5.10 2.33
4.26 2.86
4.24 1.80
Hospital - General 3.88 3.18
3.47 2.52
Auto - Repair & Sales 3.41 1.58
3.35 1.61
Discount Store 3.22 1.58
3.06 2.14
2.99 1.94
2.93 1.88
Commercial Shops 2.90 1.58
2.89 1.85
2.69 2.06
2.67 1.84
Office - Commercial, 100,000 SF 2.56 1.75
2.47 1.58
Office - Medical 2.42 2.07
2.33 2.23
2.33 2.23
2.30 1.98
2.19 1.90
2.14 1.44
University 2.26 1.91
not indentif ied above
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IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
$ 10.63 $ 3.67
2.14 1.51
Industrial-Commercial Business
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
- Developed Property" for
.81% of the authorized "Ma>
Special Development Tax - One Time" for the various Commei
ies as set forth above in
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
taxable properties are apy
able for the fiscal year 1990/91, and are all subject to ar
s in construction costs.
Engineering News-Record, ti
es" will be used. The I
published for the month of April for the City of Los Any
column heading of "Percentage Change from Last '1
will annually inflate each of the Maximum Annual Taxes for
roperties as follows:
T: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1OC
of the above-referenced increase until annexed.
TERM OF TAX
until all bonds have been
charged and facilities funded and/or guaranteed, and the SPE
T TAX - ONE TIME-has been paid; however, the AN
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied fc
excess of twenty-five (25) years per parcel.
ding permit has been issued for Residential prop
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid,
longer will be subject to any annual special tax.
* *
Commercial & IndustrFal:, '
The Commercial and Industria.1 properties, upon the issuance
building permit, have the option to (1) pay the SPECIAL DEVE
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL Ti
DEVELOPED PROPERTY, as set forth above. Upon the issuanc
any building permit, no further increase or escalatio
authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shal
allocated as follows: 65% to Residential property, 35
Commercial & Industrial property. The above costs exclude c
of issuance as needed.
Residential property shall be taxed in an amount sufficien
of issuance, interest and other costs, including sinking
payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an an
sufficient to meet the 35% share of facilities, which tax
include costs of issuance, interest and other costs, inclt
sinking fund payments for future construction as applicable.
meet the 65% share of facilities, which tax will include c
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt ser7
replenish reserve, call bonds, pay bonds and Community Fac
ties District No. 1 administrative costs, and pay for pi
capital facilities. FIRST: Reduce this amount by the 1
collected from Special Development Tax - One Time levied ag;
residential properties. SECOND: The remaining funds needec
to be collected by the levy of the annual Special T
Undeveloped Property on undeveloped taxable residential acre
in the proportional amounts for each property categor
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary $0 make payment on bond debt ser7
replenish reserve, call bonds, pay bonds and Community Fa(
lies District No. 1 administrative costs, and pay for currer
future public capital facilities. FIRST: Reduce this amour
the funds collected from Special Development Tax - One Time
annual Special Tax - Developed Property levied against cor
cial and industrial properties. SECOND: Levy the ai
Special Tax - Undeveloped Property on undeveloped taxable cor
cial and industrial acreage in the proportional amounts for
property category as required, not to exceed the maximum tax
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VOTE
SECTION 9. That the appropriate mark placed in the vo
square after the word "YES" shall be counted in favor of
adoption of the proposition, and the appropriate mark place
the voting square after the word "NO" in the manner as aL
rized, shall be counted against the adoption of
proposition.
ARGUMENTS
SECTION 10. Arguments may be filed €or and/or against
ballot measure, and the Election Official shall select on
the arguments in favor and one of the arguments against
measure for printing and distribution. The Election Offj
shall give preference and priority in the following sequence:
A. The legislative body or any member thc
as authorized;
B. Individual property owners or bona
association of property owners or combinations of pro1
owners and associations who are the bona fide sponsors or pi
nents of the measure;
C. Bona fide associations of property ownc
D. Individual property owners who
eligible to vote on the measure.
DEADLINE FOR FILING ARGUMENTS
SECTION 11. That notice is hereby given that wr:
arguments, not to exceed three hundred (300) words in lei
for or against the measure, shall be filed not later than
P.M. on February 19, 1991, at the Office of the Elec
Official.
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That a’ny argument submitted for or against
measure shall be accompanied’ by a statement set forth in Sec
5350 of the Elections Code, signed and completed by the au
of such argument.
REBUTTAL ARGUMENTS
SECTION 12. That if any person submits an argument aga
the combined ballot proposition as set forth herein, an
argument has been filed in favor of the combined proposit
the Election Official shall then immediately send a copy of
argument to the person filing the argument in favor of
combined ballot proposition. The person filing the argumer
favor of the combined ballot proposition may prepare and SI
a rebuttal argument not to exceed two hundred fifty (250) wc
The Election Official shall then send copies of the argumer
favor of the ballot proposition, who then may prepare and s
a rebuttal argument to the argument in favor of the corn
ballot proposition, such rebuttal argument not exceed
hundred fifty (250) words. The rebuttal argument shall be
with the Election Official not more than ten (10) days afte.
final date for filing the direct argument. Rebuttal argu
shall be printed in the same manner as direct arguments and
rebuttal argument shall immediately follow the direct arg
which it seeks to rebut.
This right of rebuttal, as provided by
Resolution, is applicable only to the ballot proposition r
ing to this Community Facilities District, and shall not
to any future District elections.
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IMPARTIAL ANALYSIS
SECTION 14. That Ci'ty Attorney is hereby directec
prepare an impartial analysis on the combined ballot proposi
and file it with the Election Official. Such analysis c
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show the effect of the proposition on the existing law and
general operation of the proposed ballot proposition.
ELECTION PROCEDURE
SECTION 15. The Election Official is hereby authorize
take any and all steps necessary €or the holding of said E
Said Election Official shall perform and render
ces and proceedings incidental to and connected with
ct of said election, and said services shall include,
e limited to the following activities as are appropriat
ubject election:
A. Prepare and furnish to the elec
ers necessary election supplies for the conduct of
B. Cause to be printed the requisite ni
a1 ballots, talley sheets and other necessary forms
C. Furnish and address to mail offi
o the qualified electors of the Community Facil
D. Cause the official ballots to be m,
ivered, as required by law.
E. Receive the returns of the election
F. Sort and assemble the election matt
and supplies in preparation €or the canvassing of the return!
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G. Cahvass the returns of the election.
H. Furnish a tabulation of the numbe
votes given in the election.
I. Make all arrangements and take
necessary steps to pay all costs of the election incurre
result of services performed by the District and pay cost:
expenses of all election officials.
J. Conduct and handle all other mat
relating to the proceedings and conduct of the election ir
manner and form as required by law.
NOTICE
SECTION 17. That the City Clerk is hereby ordere
certify to the passage of this’ Resolution and shall cause
Resolution to be published once a week for two successive
in the CARLSBAD JOURNAL. This Resolution shall constituth
notice of the special bond election and authorization to 1(
special tax.
PASSED, APPROVED AND ADOPTED by the City Council of
Special City of Carlsbad at its/r*tt*w- meeting held on the 29th
January , 1991, by the following vote, to wi
AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nygaar
NOES: None
ABSENT: None
ATTEST:
li2LGL 2. g- ALETHA L. RAUTENKRANZ, Citb Clerk