HomeMy WebLinkAbout2005-11-08; City Council; Resolution 2005-330I
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Exhibit 3
RESOLUTION NO. 2005330
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DETERMINING THE NECESSITY TO INCUR A BONDED
INDEBTEDNESS FOR EACH IMPROVEMENT AREA OF COMMUNITY
FACILITIES DISTRICT NO. 3, SUBMllTlNG TO THE QUALIFIED
ELECTORS OF EACH SUCH IMPROVEMENT AREA SEPARATE
PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX
WITHIN EACH SUCH IMPROVEMENT AREA, TO AUTHORIZE SUCH
COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED
INDEBTEDNESS FOR EACH SUCH IMPROVEMENT AREASECURED
BY THE LEVY OF A SPECIAL TAX WITHIN SUCH IMPROVEMENT
AREA TO FINANCE CERTAIN PUBLIC FACILITIES AND TO
ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY
FACILITIES DISTRICT, AND GIVING NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD (the “City Council”),
has previously declared its intention and held and conducted a public hearing relating to the
issuance of bonds to be secured by special taxes to finance certain public facilities in a
community facilities district and improvement areas designated therein, as authorized
pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”,
being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of
California (the “Act”). This Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 3 (the “District”) and the improvement areas shall
be designated as IMPROVEMENT AREA I and IMPROVEMENT AREA 2 (each, an
“Improvement Area” and, collectively, the “Improvement Areas”); and,
WHEREAS, at this time the City Council desires to proceed to make the
determination of necessity to incur a separate bonded indebtedness for each of the
Improvement Areas, to declare the purposes for such debt, and to authorize the submittal of
a separate proposition to the qualified electors of each such Improvement Area, being the
landowners of each such Improvement Area, all as authorized and required by law;
WHEREAS, the City Council further desires to authorize the submittal of propositions
to such qualified electors of each Improvement Area to (a) authorize the levy of special
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Exhibit 3
taxes within each such Improvement Area and (b) to establish an appropriation limit for the
District;
WHEREAS, all of the qualified electors of each Improvement Area have waived the
time limits specified in the Act pertaining to the conduct of the election and the requirements
for impartial legal analysis and arguments have also been waived by the unanimous consent
of the qualified electors of each Improvement Area; and
WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening
of time for conducting the election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD HEREBY
RESOLVES AS FOLLOWS:
1. RECITALS. The above recitals are all true and correct.
2. NECESSITY FOR BOND ISSUES. The City Council hereby expressly
declares and states that it is necessary to incur a separate bonded indebtedness of the
District for each Improvement Area thereof as authorized under the terms and provisions of
the Act, in order to finance the facilities described in Exhibit A attached hereto and
incorporated herein by this reference (the “Facilities”).
3. BOND INDEBTEDNESS FOR IMPROVEMENT AREA 1. The specific
purposes for the proposed bonded indebtedness for Improvement Area I are as follows:
To finance a portion of the costs of the acquisition or construction of the
Facilities, appurtenances and appurtenant work and any and all of those
applicable incidental costs described in and authorized by Government Code
Section 53345.3.
4. BOND INDEBTEDNESS FOR IMPROVEMENT AREA 2. The specific
purposes for the proposed bonded indebtedness for Improvement Area 2 are as follows:
To finance a portion of the costs of the acquisition or construction of the
Facilities, appurtenances and appurtenant work and any and all of those
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Exhibit 3
applicable incidental costs described in and authorized by Government Code
Section 53345.3.
5.
This City Council determines that the property within Improvement Area 1 will pay for
the bonded indebtedness referred to in Section 3 above. A general description of
Improvement Area 1 is as follows:
TERRITORY TO PAY FOR BONDED INDEBTEDNESS.
All property within the boundaries of Improvement Area 1 of Community
Facilities District No. 3, as shown on a map as previously approved by the
City Council, such map designated by the name of this District, a copy of
which is on file in the Office of the City Clerk (the “Boundary Map”).
This City Council determines that the property within Improvement Area 2 will pay for
the bonded indebtedness referred to in Section 4 above. A general description of
Improvement Area 2 is as follows:
All property within the boundaries of Improvement Area 2 of Community
Facilities District No. 3, as shown on the Boundary Map.
6. BOND AMOUNT. The amount of the proposed bonded indebtedness,
including the cost of the Facilities, together with all incidental expenses, shall not exceed the
following:
A. Improvement Area 1 - $14,000,000
B. Improvement Area 2 - $21,000,000
7. BOND TERM This City Council hereby further determines that the maximum
term of bonds and/or any series shall not exceed forty (40) years, and such bonds may be
issued in differing series, at differing times. The maximum rate of interest to be paid on such
bonds may not exceed the greater of either twelve percent (12%) per annum or the
maximum rate permitted by law at the time of sale of any of such bonds. The bonds issued
for each Improvement Area, except where other funds are made available, shall be paid
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Exhibit 3
exclusively from the annual levy of the special tax within such Improvement Area, and are
not secured by any other taxing power or funds of the District or the City.
8. ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the
provisions of Article I .5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division
2 of Title 5 of the Government Code, this City Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness incurred by or on behalf of
the District:
A. Such bonded indebtedness shall be incurred for the applicable
specific purposes set forth in the Section 3 or 4 above, as applicable.
B. The proceeds of any such bonded indebtedness shall be applied only
to the applicable specific purposes identified in Section 3 or 4 above, as applicable.
C. The document or documents establishing the terms and conditions for
the issuance of any such bonded indebtedness shall provide for the creation of an
account into which the proceeds of such indebtedness shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of
the District, shall annually file a report with this City Council as required by
Government Code Section 5341 1.
9. ELECTION. The propositions related to the incurring of the bonded
indebtedness shall be submitted to the appropriate qualified voters, together with ballot
propositions to authorize the levy of special taxes within the Improvement Areas and to
establish an appropriations limit for the District, at a special election to be held on November
8, 2005, and such election shall be a special election to be conducted by the City Clerk (the
“Election Official”). If any proposition for the levy of the special tax and any proposition for
incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the
votes cast on each respective proposition, bonds may be authorized, issued and sold for the
applicable purposes set forth herein and the applicable special tax may be levied as
provided in resolution forming and establishing the District. If the proposition to establish the
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Exhibit 3
appropriations limit for the District receives the approval of a majority of the votes cast on
such proposition, such appropriations limit shall be established.
IO. BALLOTS. The ballot proposals to be submitted to the qualified voters of
each Improvement Area the election shall generally be as follows:
IMPROVEMENT AREA 1
PROPOSITION A
Shall the City of Carlsbad Community Facilities District No. 3,
subject to accountability measures required by California
Government Code Section 50075.1, levy a special tax
throughout Improvement Area 1 of such district pursuant to the
rate and method of apportionment thereof set forth in the
resolution forming and establishing such district for the
purposes of paying debt service on bonds of such district
issued for Improvement Area I, replenishing the reserve fund
for such bonds, paying costs of administering such
indebtedness and such district and paying directly for the
facilities described in such resolution?
PROPOSITION B
Shall the City of Carlsbad Community Facilities District No. 3,
subject to the accountability measures required by California
Government Code Section 5341 0, incur a bonded
indebtedness for Improvement Area 1 of such district in an
amount not to exceed $14,000,000 for the specific purposes
set forth in such resolution?
Ill
Ill
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IMPROVEMENT AREA 2
PROPOSITION C
Shall the City of Carlsbad Community Facilities District No. 3,
subject to accountability measures required by California
Government Code Section 50075.1, levy a special tax
throughout Improvement Area 2 of such district pursuant to the
rate and method of apportionment thereof set forth in the
resolution forming and establishing such district for the
purposes of paying debt service on bonds of such district
issued for Improvement Area 2, replenishing the reserve fund
for such bonds, paying costs of administering such
indebtedness and such district and paying directly for the
facilities described in such resolution?
PROPOSITION D
Shall the City of Carlsbad Community Facilities District No. 3,
subject to the accountability measures required by California
Government Code Section 5341 0, incur a bonded
indebtedness for Improvement Area 2 of such district in an
amount not to exceed $21,000,000 for the specific purposes
set forth in such resolution?
IMPROVEMENT AREAS 1 AND 2
PROPOSITION E
Shall the City of Carlsbad Community Facilities District No. 3
establish an Article XlllB appropriations limit equal to
$35,000,000?
Exhibit 3
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Exhibit 3
11. VOTE The appropriate mark placed on line before the word “YES” shall be
counted in favor of the adoption of the proposition, and the appropriate mark placed on the
line before the word “NO” in the manner as authorized, shall be counted against the
adoption of such proposition.
12. ELECTION PROCEDURE The Election Official is hereby authorized to take
any and all steps necessary for the holding of such election. The Election Official shall
perform and render all services and proceedings incidental to and connected with the
conduct of the election, which services shall include, but not be limited to, the following
activities as are appropriate to the election:
A.
the .conduct of the election.
B.
other necessary forms.
C. Furnish and address official ballots for the qualified electors of each
Improvement Area.
D.
authorized representatives, as required by law.
E.
F.
canvassing of the returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the
election incurred as result of services performed by the District and pay costs and
expenses of all election officials.
J.
of the election in the manner and form as required by law.
Prepare and furnish to the election officers necessary election supplies for
Cause to be printed the requisite number of official ballots, tally sheets and
Cause the official ballots to be delivered to the qualified electors or their
Receive the returns of the election and supplies.
Sort and assemble the election material and supplies in preparation for the
Conduct and handle all other matters relating to the proceedings and conduct
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Exhibit 3
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 8th day of November, 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
A
CLAUDE A. LEWIS, Mayor
Attest:
LORRAINE M. WOODyty Clerk
Exhibit 3
EXHIBIT A
DESCRIPTION OF THE FACILITIES
The Facilities proposed to be financed by the District include the following:
1. improvement A - Palomar Airport Road Widening from West of Melrose Drive
Intersection to the Vista City Limits (as shown on Drawing No. 399-4). Grading to
prime arterial standards (but not to include grading outside the right-of-way in future
developed areas), erosion control landscaping and irrigation located within an easement
granted to the City, parkway landscaping and irrigation (located within a easement granted
to the City), asphalt pavement to prime arterial standard width, raised median in certain
areas, median curb, median hardscaping and landscaping with irrigation, curb and gutter,
sidewalk, storm drain facilities within the City right-of-way and easements (excluding any
Master Drainage Plan facilities and water lines), appurtenant to Palomar Airport Road
construction, dry utilities which are non-refundable or non-reimbursable by the utility agency
and which are located within the right-of-way, modification of an existing traffic signal at
Paseo Valindo, relocation of existing utilities, environmental mitigation and incidental costs
of construction to the extent permitted in the Acquisition/Financing Agreement.
2. Improvement B - Faraday Avenue from Orion Street to Melrose Drive. Full width grading
to secondary arterial standards (but not to include grading outside of the right-of-way in
future developed areas), erosion control landscaping and irrigation (located within an
easement granted to the City), parkway landscaping and irrigation (located within an
easement granted to the City), asphalt pavement to secondary arterial standard width, curb
and gutter, sidewalk, storm drain facilities within the right-of-way (excluding Master Drainage
Plan facilities subject to reimbursement from Local Drainage Area Fees), sewer, water and
reclaimed water lines and appurtenances within the right-of-way (excluding any portion of
such costs reimbursable from sewer and/or water connection fees), dry utilities which are
non-refundable or non-reimbursable by the utility agency and which are located within the
right-of-way, street lights, new traffic signals and a modification of any existing traffic signal
(excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees),
relocation of existing utilities, environmental mitigation and incidental costs of construction to
the extent permitted in the AcquisitionlFinancing Agreement.
3. Improvement C - Melrose Drive from Palomar Airport Road to the Vista City Limits (as
shown on Drawing No. 399-4). Full width grading to prime arterial standards (but not to
include grading outside of the right-of-way in future developed areas), erosion control
landscaping and irrigation (located within an easement granted to the City), parkway
landscaping and irrigation (located within an easement granted to the City), asphalt
pavement to prime arterial standard width on either side of a raised median, median curb,
median hardscaping and landscaping with irrigation, curb, gutter and sidewalk, storm drain
facilities within the right-of-way (excluding any Master Drainage Plan facilities subject to
reimbursement from Local Drainage Area Fees), sewer, water and reclaimed water lines
and appurtenances within the right-of-way (excluding any portion of such costs reimbursable
from sewer and/or water connection fees), dry utilities which are non-refundable or non- reimbursable by the utility agency and which are located within the right-of-way, street lights,
one new traffic signal and a modification of an existing traffic signal at Palomar Airport Road
(excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees),
relocation of existing utilities, environmental mitigation, and incidental costs of construction
to the extent permitted in the Acquisition/Financing Agreement.
L13
Exhibit 3
4. Improvement D - Melrose Drive construction of right turn lane south of Palomar
Airport Road.
5. Improvement E - El Fuerte from northerly terminus to the future extension of Faraday
Avenue. Full width grading to secondary arterial standards (but not to include grading
outside of the right-of-way in future developed areas), erosion control landscaping and
irrigation (located within an easement granted to the City), parkway landscaping and
irrigation (located within an easement granted to the City) asphalt pavement to secondary
arterial standard width, curb and gutter, sidewalk (excluding any Master Drainage Plan
facilities subject to reimbursement from Local Drainage Area Fees). Sewer, water and
reclaimed water lines and appurtenances within the right-of-way (excluding any portion of
such costs reimbursable from sewer and/or water connection fees), dry utilities which are
non-refundable or non-reimbursable by the utility agency and which are located within the
right-of-way, street lights, one new traffic signal (excluding those portions reimbursed from
Traffic Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental
mitigation and incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement.
6. Improvement F - Palomar Airport Road construction of eastbound right turn lane onto
Melrose Drive south of Palomar Airport Road.