HomeMy WebLinkAbout1993-04-06; City Council; Resolution 93-68r. /I 0 0
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RESOLUTION NO. 9 3 - 6 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
ANNEX TERRITORY IN THE FUTURE TO AN EXISTING
COMMUNITY FACILITIES DISTRICT
6 WHEREAS, the City Council of the City of Carlsbad, California,
7 (hereinafter referred to as the "legislative body of the local Agency"), at this time is
8 desirous to provide the authorization to annex territory in the future to an existing
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Community Facilities District 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 specifically Article 3.5
thereof. The existing Community Facilities District has been designated as
Community Facilities District No. 1 (hereinafter referred to as the "District"); and
WHEREAS, it is determined to be within the best public interest and
convenience to establish a procedure to allow and provide for future annexations
to the existing District and further to speclfy the amount of special taxes that would
l8 I be levied and set forth the terms and conditions for certification of any annexation
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WHEREAS, the area proposed to be annexed in the future shall be
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known and designated as Community Facilities District No. 1 (Future Annexation
Area) (hereinafter referred to as the "Future Annexation Area"), and a map showing
the territory of the proposed area to be annexed in the future has been submitted
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which said map is hereby approved and a copy of said map shall be kept on file witl
the transcript of these proceedings.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the city
of Carlsbad, California, as follows:
3 /I RECITALS
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SECTION 1. That the above recitals are all true and correct.
AUTHORIZATIONS
6 SECTION 2. That these proceedings for future annexations are
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Section 53339.2 of the Government Code of the State of California. 8
authorized and initiated by this legislative body pursuant to the authorization of
PUBLIC CONVENIENCE AND NECESSITY 9
10 I SECTION 3. That this legislative body hereby determines that the public
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convenience and necessity requires a procedure to allow and authorize territory to
be annexed in the future to the existing Community Facilities District in order to pay
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the costs and expenses for the required and authorized public facilities.
BOUNDARIES
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SECTION 4. A general description of the territory included in the
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I? ii existing District is hereinafter described as follows:
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18 1 1 within the original Community Facilities District, as said property was shown on a 19
All that property and territory as previously included
I 1 20 ' map as approved by this legislative body designated by the name of the original
21 I existing Community Facilities District, a copy of which is on file in the Office of the
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City Clerk, as well as a copy being on file in the Office of the County Recorder.
A description of the boundaries and territory proposed to
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be annexed in the future is as follows:
AU that property and territory proposed to be annexed in
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the future to the existing Community Facilities District, as said property is shown or
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a map as previously approved by this legislative body, said map identified by the
name of the existing Community Facilities District and further designated as Future
Annexation Area, a copy of which is on file in the Office of the City Clerk and shall
remain open for public inspection. Future annexation proceedings can only be
completed with the unanimous approval of the owner or owners of any parcel
proposed for final annexation.
NAME OF DISTRICT
SECTION 5. The name of the existing Community Facilities District is
Community Facilities District No. 1, and the designation for the Future Annexation
Area shall be Community Facilities District No. 1 (Future Annexation Area).
FACILITIES
SECTION 6. That the types of public facilities provided in the existing
District are those described as follows:
I. Public facilities generally described as a new library
facility, a major addition to an existing library building, a City Hall complex, and the
addition of ofice and warehouse facilities at the public safety center.
11. Park improvements generally designated as the Macario
Canyon Park.
111. Major street improvements in portions of the following
designated public streets: Faraday Avenue, Cannon Road, La Costa Avenue,
Olivenhain Road/Rancho Santa Fe Road and Leucadia Boulevard.
N. Major bridge and overpass facilities generallj
described as the La Costa Interchange, Poinsettia Lane Interchange and Paloma
Airport Road Interchange.
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No additional facilities will be necessary or provided in the
Future Annexation Area and the facilities as descnied for the existing District will
serve the properties within the Future Annexation Area.
SPECIAL TAXES
SECTION 7. It is the intention of this legislative body that, except
where funds are otherwise available, a special tax sufficient to pay for said facilities
to be provided in the Future Annexation Area, secured by recordation of a
continuing lien against all non-exempt real property in the Future Annexation Area,
will be levied annually within the boundaries of the Future Annexation Area. For
particulars as to the rate and method of apportionment of the proposed special tax,
reference is made to the attached and incorporated Exhibit "A", which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident
within the Future Annexation Area to clearly estimate the maximum amount that
said person will have to pay on said special tax.
This legislative body further authorizes that special taxes
to pay for capital facilities may be prepaid and satisfied by the payment of the
maximum present value of the special tax and all details and particulars as
applicable for the original District shall be applicable for the Future Annexation
Area.
The proposed special taxes shall be collected in the same
manner as ad valorem property taxes and shall be subject to the same penalties,
procedure, sale and lien priority in any case of delinquency as applicable for ac
valorem taxes; however, as applicable, this legislative body may establish and adopl
an alternate or supplemental procedure as necessary.
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EFFECTIVE DATE
SECTION 8. Annexation of property in the future shall be effective
upon the unanimous approval of the owner or owners of parcels at the time the
parcel is annexed, and no further public hearings or additional proceedings will be
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OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, A 9
1993, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE 8
SECTION 9. NOTICE IS GIVEN THAT ON THE 18TH DAY OF MAY, 7
PUBLIC HEARING
10 PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL
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CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE
EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND
I.3 11 APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED
I-4 I/ FUTURE ANNEXATION AREA, AND ALL OTHER MATTERS AS SET FORTH IN THIS 15
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RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE
HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME
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20 /I ~ SECTION 10. That notice of the time and place of the public hearing
21 I shall be given by the City Clerk in the following manner:
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A. A Notice of Public Hearing shall be published in the
legally designated newspaper of general circulation, being The Carlsbad Sun, said ;: 1 publication pursuant to Section 6061 of the Government Code, with said publicatior
to be completed at least seven (7) days prior to the date set for the public hearing
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SECTION 11. That the Special Counsel Agreement submitted herewith
(Exhibit "B") by Brown, Diven and Hentschke, Attorneys at Law, to provide legal
services in connection with the conduct of these proceedings is hereby accepted and
approved for execution.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
6 Council on the 6th day of APRIL , 1993, by the following vote, to wit:
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NOES: None a
AYES: Council Members Stanton, Kulchin, Nygaard, Finnil
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ABSENT: Council Member
A?TEST:
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bktk.6L dR" 15 ALETHA L. RAUTENKRANZ, City clerh (SEAL)
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3 EXHIBIT "A"
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
411 PROPERTY CATEGORIES AND MAXIMUM TAX
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Community Facilities District, not within the Bridge & Tho
Improvement Area I1 is for all remaining properties with 9
ries of the City of Carlsbad Bridge and Thoroughfare Dis
Improvement Area I refers to all properties within the b 8
issuance of building permits, all as hereinafter set
categories, maximum tax rates, increases and status ( 7
Facilities District No. 1 and further based upon the pr
based upon the rates as established for the orignial Com~ 6
tion Area shall be subject to ANNUAL SPECIAL TAXES as appl.
All taxable property within the boundaries of the Future A;
10 fare District.
11 RESIDENTIAL PROPERTY
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ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
13 All taxable property prior to the issuance of a building
subject to increases as set forth herein: 14
shall be subject to the following maximum annual special
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MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE
PROPERTY CATEGORY AREA I AREA I1 17
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1993
IMPROVEMENT IMPROVEMENl
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Residential Low to Medium 772.00 760.00
Residential Low $ 281.00 $ 277.00
Residential High 2 , 793.00 2 , 739.00 20
Residential Medium to High 1 , 984.00 1 , 868.00
Residential Medium 1 , 294.00 1,217.00
21 /I SPECIAL DEVELOPMENT TAX - ONE TIME
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KENT TAX - ONE TIME, also subject to increases as set 23 ties shall be subject to the following described SPECIAL Dl
Upon the issuance of a building permit, all Residential 1
herein, as follows: 24
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. 1. 0 0 EXHIBIT "A" CO?JTINI
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990
IMPROVEMENT IMPROVEMENT
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Residential High 2,810.00 2,312.00 6
Residential Medium to High 2,810.00 2,312.00
Residential Medium 2,810.00 2,312.00 5
Residential Low to Medium 4,452.00 3,835.00
Residential Low $ 4,452.00 $ 3,835.00 4
PROPERTY CATEGORY AREA I AREA I1
7 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
81 I ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
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~ll taxable Commercial and Industrial Property prior 1
issuance of a building permit shall be subject to the fol
maximum annual special taxes, also subject to increases
forth herein:
MAXIMUX ANNUAL SPECIAL TAX - UNDEVELOPED PROP
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199
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 issuancc
building permit, shall have the option to (1) pay the 5
DEVELOPMENT TAX - ONE TIRE or (2) assume the ANNUAL SPEC1 - DEVELOPED PROPERTY for a period of not to exceed twent
(25) years, generally in the amounts per property categ
follows:
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR E
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COMMERCIAL USE DESIGNATIONS AREA I AREA I1 24
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMEE
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Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
campground
Restaurant - Sit Gown
$ 28.46 $ 7.58
28.14 7.26
27.31 6.74
18.06 5.72
17.51 4.99
15.17 4.73
1. a 0 EXHIBIT "A" CONTIN
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OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" fc
Fiscal Year shall not exceed 13.81% of the authorized "M
Special Development Tax - One Time" €or the various Comm
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and Industrial Property categories as set forth above J
amount applicable and annually adjusted for each Fiscal Yea
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7 ANNUAL TAX INCREASE
8 The above SPECIAL TAXES for the taxable properties are a
increases to reflect increases in construction costs. 9
able for the fiscal year 1990/91, and are all subject to
published for the month of April €or the City of Los P
"ENR Cost Indexes in 22 Cities" will be used. The 10
Construction Cost Index of the Engineering News-Record,
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of t 13
year for properties as follows: 12
will annually inflate each of the Maximum Annual Taxes €0
under the column heading of "Percentage Change from Last 11
above-referenced increase.
14/1B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1
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TERM OF TAX 16
of the above-referenced increase until annexed.
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SPECIAL TAX - DEVELOPED PROPERTY shall not be levied
DEVELOPMENT TAX - ONE TIME has been paid; however, the 1s charged and facilities funded and/or guaranteed, and the 5
The above taxes shall be levied until all bonds have bee
19 period in excess of twenty-five (25) years per parcel.
20 Residential:
21 Once a building permit has been issued €or Residential p:
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been pai 22 property no longer will be subject to any annual special tq
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Commercial & Industrial:
The Commercial and Industrial properties, upon the issuanc
building permit, have the option to (1) pay the SPECIAL D:
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL
DEVELOPED PROPERTY, as set forth above. Upon the issuz
any building permit, no further increase or escalat
authorized.
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..- , ' 0 EXHIBIT "A" CONTIN
i ll IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I
2 Marina
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Bowling Center 5
Grocery Store 4
Bank - Walk In
Restaurant - Quality
6 Neighborhood Shopping Center
Auto Car Wash
7 S & L - Walk In
Race Track
8 Library
9 Hospital - General
Auto - Gasoline
S & L with Drive-thru
Community Shopping Center
Hotel - Conv. Fac/Comm.
10 Auto - Repair & Sales
Golf Course
Discount Store 11
Regional Shopping Center
12 Church
13 Commercial Shops
14 Motel
15 Office - Commercial, 100,000 SF
36 Office - Medical
17 Indoor Sports Arena
1s University
Office - Government
Health Club
Office - High Rise
Lumber/Hardware Store
Hospital - Convalescent
Resort Hotel
Junior College
14.85
12.83
8.11
7.78
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.88
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
2.33
2.30
2.26
2.19
19 All other Commercial Properties 2.14
20 not indentified above
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IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I
Heliports $ 10.63
Industrial-Commsrcial Business
Park 2.14
All other Industriai Properties
not identified above 1.74
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IMPROVEMEB
AREA I1
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
1.98
1.91
1.90
1.44
IMPROVEME1
AREA I1
$ 3.67
1.51
1.42
-. 0 e EXHIBIT "A" CONTIN
1 A.LI;OCATION OF COST AND TAX
2 Total capital costs for all authorized facilities shi
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of issuance as needed. 4
Commercial & Industrial property. The above costs exclude
allocated as follows: 65% to Residential property, :
meet the 65% share of facilities, which tax will include
Residential property shall be taxed in an amount suffici 5
sinking fund payments for future construction as applicablE 9
include costs of issuance, interest and other costs, inc
sufficient to meet the 35% share of facilities, which ta 8
Commercial & Industrial property shall be taxed in an
payments for future construction as applicable.
of issuance, interest and other costs, including sinkinl 6
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10 COLLECTION OF ANNUAL TAX
11 Residential:
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Determine monies necessary to make payment an bond debt SE
replenish reserve, call bonds, pay bonds and Community E
ties District No. 1 administrative costs, and pay €or
capital facilities. FIRST: Reduce this amount by the
collected from Special Development Tax - One Time levied z
residential properties. SECOND: The remaining funds need
to be collected by the levy of the annual Special
Undeveloped Property on undeveloped taxable residential ac
in the proportional amounts for each property categ
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt SE
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replenish reserve, call bonds, pay bonds and Community I
lies District No. 1 administrative costs, and pay for curr
future public capital facilities. FIRST: Reduce this amc
the funds collected from Special Development Tax - One Ti
annual Special Tax - Developed Property levied against c
cial and industrial properties. SECOND: Levy the
Special Tax - Undeveloped Property on undeveloped taxable (
cial and industrial acreage in the proportional amounts fc
property category as required, not to exceed the maximum ti
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