HomeMy WebLinkAbout1990-08-28; City Council; 10798; GROWTH MANAGEMENT FINANCING PROGRAM CITY WIDE MELLO-ROOS DISTRICTvyf TITLE:
MTG. 8/28/90 GROWTH MANAGEMENT FINANCING PROGRAM
c DEPT. FIN CITY WIDE MELLO-ROOS DISTRICT
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RECOMMENDED ACTION:
RECOMMENDED ACTION:
Accept the staff report and direct the City Manager to return with docume
forming the District at a future meeting.
ITEM EXPLANATION:
On July 10,1990 the Council heard the staff presentation on the proposed Me1
Roos district. Staff asked Council to consider adopting a series of resolutic
including a Resolution of Intention (ROI) to form the district. During the put
comment on the proposal several property owners indicated that they had I
had sufficient time to review the economic effects of the suggested tax formu
on their developments and asked Council to consider a delay in adopting the Ri
Council agreed to the delay and directed staff to return on August 28,1990 w
recommendations.
On July 18,1990 the staff met with each of the three property owners who 1-
indicated some concern about the CFD proposal. The attached staff report 2
table summarizes the results of these meetings.
In summary, the Council may wish to review the issues raised by the prope
owners and direct staff to make adjustments in the documents where necessi
to bring the district policies into line with the Council's position. Staff woi
recommend that Council consider minor modifications in the CFD policies as tE
apply to commercial/industrial property in the following areas:
0 Maximum Undeveloped Tax Rate - The current documents set I
maximum undeveloped land tax rate at $3,000 per acre
commercial property and $1,500 per acre for industrial proper
These tax rates could be reduced by about 25% without effectj
the fiscal viability of the district.
Maximum Developed Property Tax - The sections of the docume~
describing the maximum developed tax (both one-time and pa
through) could be simplified. The relationship between the or
time tax and the pass-through tax could be defined as a siml
ratio rather than requiring separate detail tax tables. The one-til
tax table should be revised to reflect the assumptions used in t
cash flow analysis previously presented to the Council
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Page No. Two of Agenda Bill No. /*", 79'f
0 Maximum Bond Authorization - The current documents authori
the CFD to issue $150 million in bonds during its life, Tl
maximum could be reduced to $120 to $130 million witho
changing the CFD's ability to fund ail projects.
The staff report describes other issues that have been raised by the propel
owners and the City's response. Council may wish to consider these argumer
before directing staff to prepare revised document.
The League of Women Voters have scheduled a public meeting on the Mello-Rc
district proposal for August 16, 1990 at 7:30 in the City Council Chambers.
the time this agenda bill was drafted the meeting had not yet occurred. Staff M
provide Council with the results of that meeting at the August 28 Coun
meeting.
FISCAL IMPACT:
The fiscal impact of the Mello-Roos district is summarized on the attached agen
bill from July 10, 1990. The CFD in an integral part of the City's long ran
financing program which will provide fiscal support for more than $400 milli
in capital projects between now and buildout. If the Council chooses not
proceed with the CFD staff will reconsider the existing CIP and provide a revic
of funding alternatives to Council at a future date.
EXHIJ3ITS:
1. Memo to City Manager dated August 10, 1990 regarding the Grov
Management Financing Program.
Memo to City Manager date July 20, 1990 (revised) on Summary 2.
Meetings with Zone 5 Landowners July 18, 1990.
Agenda Bill No. 10,689 dated July 10,1990 on Growth Manageml
Financing - Citywide Mello-Roos District.
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August 10, 1990
TO: CITY MANAGER
FROM: Finance Director
GROWTH MANAGEMENT FINANCING PROGRAM - CITY-WIDE MELLO-ROOS DISTR
On July 10, 1990, the City Council received the staff report on the Growth Managerr
Financing Program. At this meeting, Council decided to delay action on the formatio: a Mello-Roos district to August 28th or later. During the interim period, the City staff
going to meet with landowners who had indicated some concerns regarding the Mello-R
district and report back to the Council with recommendations on August 28th.
On July 18, 1990, the City staff met with representatives of Newport Beach Comp:
Union Pacific, and Carlsbad Airport Centre to discuss their concerns. My memo of July
1990 summarizes the results of that meeting. We are now prepared to return to
Council on August 28th with alternatives for the Council to consider for proceeding I
the formation of the district.
The attached summary of the changes requested by the industrial landowners will serv
the focal point of Council discussion on the 28th. At this time, staff is recommending 7
few changes in the CFD as it is currently structured. Some adjustment in the maxin
amount of bonds to be issued and in the maximum tax rate on undeveloped proper1
acceptable without weakening the district's fiscal condition. Staff will also
recommending a rewrite of the section describing the maximum developed tax
commercial/industrial property to simplify the language. The Council may direct sta.
return with completed documents and begin the process of creating the Mello-Roos dis
at their convenience.
JAMES F. ELLIOTT'
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July 20, 1990
TO: CITY MANAGER
FROM: Finance Director
REVISED SUMMARY OF MEETINGS WITH ZONE 5 LANDOWNERS - 7/18/90
On Wednesday, July 18th, we held a series of meetings with three of the major landow
from Zone 5. The landowners invited to these meetings included Don Meam
Huntington Beach Company, Bill McCubbin from Union Pacific and Dean Greenberg f
Centre Development. These particular landowners were invited to meet with the City :
because of their comments made to the Council at the meeting of July 10th regarding
Citywide Mello-Roos District. The City staff present at these meetings included the 1
Attorney, Assistant City Manager, Community Development Director, Senior Managen
Analyst from Community Development and myself.
The following is an outline of the issues raised by these landowners and the respoi
given at this meeting. I have also included a summary of the actions which will be ta
to change the CFD proposal going to the Council on August 28, 1990.
1. Insulation from Changes in the Residential Cash Flow - All three landow
indicated a concern that the commercial/industrial landowners woulc
required to make up any short fall that may occur in the cash flow crei
from residential land use types. They ask that the City include some fon
language which would limit the exposure of the commercial/ indus
property to a fixed percentage of the total program.
City Response - The current funding plan for the Mello-Roos District 1
based on the assumption that the commercial/industrial developers wc
pay a certain fixed share of the total cost for all projects. The first draf
the Special Tax Consultant’s Report also includes a statement that wc
accomplish this limitation of the obligation to a fixed share of the ti
project list. We will recommend the inclusion of language in the ful
Special Tax Consultant‘s Report which will ultimately limit the total expo:
for commercial/industrial landowners to a fixed share of total cc
However, this does not mean that each capital project will be :
proportionately between residential and non-residential uses. The 1
Council will have the option to fund each capital project when needed f
the available revenue sources as a total.
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. 2. Impact Fee Reductions - The various landowners indicated their concern i
the City has not committed to a specific reduction in the various impact
affected by the Mello-Roos District program.
Citv response - On March 16, 1990, staff gave a presentation to a 1:
number of landowners within the City. At this presentation, we indic;
that the following fee reductions would take place:
0 Public Facilities Fee - reduced from 3.5% of building pel
value to 1.8% of building permit value. (Based on the cur
list of projects and cost estimates.)
Traffic Impact Fees - reduced from 100% current fee to 60c
current fee. (Based on the current list of projects and
estimates .)
Bridge and Thoroughfare District - reduced from 100% of
to 0% of fee. (Based on the current list of projects and
estimates.)
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The landowners are asking that the City include language in the August
1990 actions that would set the amount of the fee credits. Staf
recommending that language be included in the Special Tax Consult:
Report indicating that fee credits be allowed to the extent that the Mt
Roos District absorbs projects from the fee program. The exact language
be worked out with the Tax Consultant and City Attorney. Council ac
on fee reductions would be withheld until the certification of the result
the election.
Fees will continue to be set by Council annually and will go up or dow
necessary to fund the cost of the remaining projects.
Maximum Amount of Bonds Authorized - The landowners indicated a con
over the total amount of bonds being authorized by the City Council.
amount was to be $150 million.
City Response - The maximum amount of bonds authorized by the
Council to be issued by the Mello-Roos District should not be an issue 1
the landowners. The maximum amount is simply a legal limit which all
inflation and small changes in project scope to be accommodated wit1
major difficulties. If it is absolutely necessary to reduce the total amoui
bonds authorized, the amount could be reduced to approximately $120,
without causing a serious problem. However, the staff firmly believes
this is a non-issue and serves only to confuse other issues which may act1
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need to be dealt with before we return to the Council. At this time,
recommend no change in the amount of maximum bonds authorized.
4. Maximum Tax Rate - The current maximum tax rates for commercial
industrial vacant land are $3,000 and $1,500 respectively. Landowners
concerned that with these maximum tax rates in place the City will have
opportunity to accelerate projects by increasing taxes to the maximur
will. In addition, these landowners believe that the maximum tax rates
currently in excess of the amount needed to give bondholders comfort t
in the event of a negative economic climate, there will not be a defaul
any bonds outstanding.
City Response - The City will review the maximum tax rates that
currently included in the documents. The tax rates must be high enoug
protect the bondholder and to give the bond market some confidence that
City will be able to meet cash flow demands in the economic environm
There is no intent on the City's part to accelerate the construction schec
maximum tax rates can be decreased slightly, we will recommend a cha
to the City Council on August 28th. Carl Kadie and Barbara Hale
currently looking at this issue.
Amount of Developed Tax - The landowners have asked that the 1
consider increasing the tax on developed property, thereby allowin
decrease in the vacant land tax required to make the District successf
They have suggested an increase in the pass-through tax of approxima
20% from the rates currently included in the CFD documents.
City ResDonse - A detailed review of the cash flows and tax r
accomplished with the NBS/Lowry staff on July 19, 1990 shows that
vacant land tax rates can be decreased without requiring an increase in
pass-through tax schedule. This is primarily due to a change in 1
assumptions on the amount of tax revenue created by the existing F
through tax rates. A detailed report of the vacant land taxes will
available after I return from vacation. In brief, the City staff will be as1
Council to consider two options for setting vacant land tax rates.
of capital projects beyond that mandated by Growth Management. If
5.
A. Council may establish a vacant land tax that would
approximately 25% of the current maximum tax rates for I-
commercial and industrial property. This fixed vacant land
would be approximately $750 per acre for commercial prop1
and $375 per acre for industrial property. At these tax rE
the CFD is able to function successfully.
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B. Another option is to allow the vacant land tax to continu
float higher or lower depending on total cash demands.
these cases, the lowest tax rate would be approximately 1
of the maximum with the highest vacant land tax bl
approximately 43%. This represents a reduction in vacant 1
tax rates of 10% to 50% depending on the year. All of this
be accomplished without a change in the pass-through ta
shown on Exhibit A of the Council Resolution of Intentio
Other Issues - Other issues raised during the discussion with the landow 6. included:
A. The City's intent to fund only capital costs as opposed to '
capital and operating costs through the CFD.
City Response - Current documents do not include the fun(
of any operating costs beyond Administrative Expenses.
Concerns over the scheduling of capital projects.
City ResDonse - Capital project scheduling is dictated by 1)
cash flows and 2) growth management. Staff does not ini
to go further in limiting the Council's ability to manage
capital construction schedule.
B.
C. Developer agreements.
City Response - No development agreements.
Commitments that all future Growth Management stand
related to the projects funded through the CFD are guaran
to be met by participating in the CFD.
City Response - There are no guarantees included in
program beyond what the growth management program w(
allow. Whenever a service goes substandard in the fut
growth management limitations will be imposed.
Elimination of agricultural land from inclusion from the C
City Response - Agricultural land continues to be an impor
part of the CFD. We believe it is important to have
segment of the economy represented in the formation pro
rather than forced in at a later time.
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All of the above issues have been addressed verbally with the landom
during the meetings. We believe the City's stance on each of one of tl
issues is clear and does not require further amplification either in writin
through official Council action.
In summary' the two issues which are considered to be outstanding at this time are
recalculation of the maximum vacant land tax required and the review at the staff levi
these issues following my return from vacation. I don't believe there are any issues on
table which will substantially impede the progress of the CFD from point further.
the amount of undeveloped tax required to make the CFD work. We will discuss bot
JAMES F. ELLIOTT
JFE:tlg
cc: Assistant City Manager
City Attorney
Community Development Director
Senior Management Analyst - Community Developer
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& OF CARLSBAD - AGEh 9 A BILL
01
GROWTH MANAGEMENT FINANCING PROGRAM c,
C
AB# TITLE:
MTQ.
DEPT.
RECOMMENDED ACTION:
7/10/90
FIN CITYWIDE ME--ROOS DISTRICT
Adopt Resolution No. Facilities District No 1.
Adopt Resolution No. Community Facilities District No. 1.
Adopt Resolution No. to establish a Community Facilities District and to le
special tax to pay for certain public facilities.
Adopt Resolution No. ordering and directing preparation of a report for a Community Facilities Disti
Adopt Resolution No. declaring intention to j bonds secured by special taxes.
Adopt Resolution No. modifying various consul agreements.
_ITEn:
On November 14, 1989 the Council directed staff to pursue formation of a Community Facilities District to financ variety of prs3eicts that were weeessary to provide facili
required by the Cityp@ Grot&h Hanagement Program. Since date staff has worked with the affected property owners, city's consultants, and interested community groups te cr a district which will finance the necessary facilities w complying with Council Policy 38.
The proposed Community Facilities District (CFD) is base a few fundamental principles which were then expanded into boundary maps, taxing formulas, administrative policies formation process the council is now reviewing.
The attached staff report describes the CFD in de including information on the following topics:
making appointments in Comml
adopting the boundary mapg
declaring the City's inter
o Projects to be funded
o Taxing formulas and a description of how the ta. imposed on:
Residential Property
Commercial and Industrial Property Agricultural Property
o CFD boundary maps
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Page Two of Agenda Bill No.
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o Description of the Process for District formation
Summary of the results of the property owner meetings
. The actions before the Council include the adoption of a Resolution of Intention to form the CFD. If adopted, the Council will hold a public hearing on the formation of this
district within 60 days at which time protests, if any, will be received. If a protest of less than a 50% of the property owners (based on acreage) is received, the Council may take
action to place the question of district formation before the property owners for a vote. This vote must occur within 90
to 180 days of the public hearing. Formation requires a 2/3
voter approval of the affected property owners, based on a one acre - one vote concept. Following the vote the Council will certify the results and may choose to validate the district. The first tax assessments would be included on the December
1991 tax billing.
The Council has adopted Council Policy 38 which controls the use of Mello-Roos Community Facility Districts in Carlsbad. Under this policy projects that meet three conditions may be funded through the use of a CFD. These conditions are:
1. Projects that are currently funded by the existing development fee programs.
2. Projects that are too large for a single developer to fund independently.
3. Capital projects that impslct, or 8re required by, more than one lacs1 facilities management (zone) plan.
The projects included in the CFD include:
Civic -us and FacilPtfeg:
Library - South Carlsbad Library - Remodel North Carlsbad 4.0 Utilities Main/Warehouse facility 3.7
$ 11.2 million
Macario Canyon Park 14.0 City Hall Facility 23.1
Streets and Road Seaents:
Faraday Ave 3.5 Cannon Road 3.95 La Costa Ave 6.0 Olivenhain/Rancho Santa Road 6.0 Leucadia Blvd 3.5
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Page Three of Agenda Bill No.
idues/Interchanues:
La Costa Interchange 9.5
Palomar Airport Rd Interchange 11.035 Poinsettia Interchange 9.85
Total All Projects $109.335 million
(Note - Funding for streets projects represents
city's contribution to these projects. Ac construction costs will exceed the funding provide
the CFD.)
The first phase of the CFD will include the undevel property within the 12 zones shown below. The dist boundary encompasses 5,601 net developable acres. These z were selected because each has a completed (or soon t completed) local facilities management plan. Following adoption of the boundary map the Council may drop parcels
boundary for the CFD to b6 8ur8 to include all poss parcels. Adjustments to the parcel list may be done at public hearing. A minor reduction in the size of the ini
CFD boundary will not significantly limit its ulti effectiveness. Any properties not participating in original CFD should be conditioned by the Council to anne the district with the first discretionary action or Council approval of a zone plan. Eventually the CFD include all developable property.
may not add parcels to the CFD. Staff has proposed the wi
Net Zone a&aumsa a?xsl&
5 760 13.6 7 309 5.5 a 156 2.8
9 114 2.0
11 1,159 20.7
12 325 5.7 14 390 7.1 16.6 1s 927
19 525 9.4
20 594 10.6
22 135 2.4
24 199 3.6
TOTAL 5,601 100 08
(Acreage includes residential, non-residential agricultural property. growth management land use standards.) Net acre calculations are based on
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Page Four of Aqeaida Bill No.
Other zones may be annexed to the district as they begin to develop, or as local facility management plans are completed. The ultimate district boundary will include 8,020 net
The attached staff report provides additional information
about the district, and the formation process.
The staff recommendation is to adopt the attached resolutions and call a public hearing on August 14 or August 21, 1990. Staff will proceed with a notice to property owners which will include a description of the COuncil'8 actions and the structure of the CFD tax schedules and the date of the public hearing.
FISCAL IMPACT:
The proposed CFD has wide ranging fiscal impacts on the city and the land owners included within the district boundaries.
The City's Capital Improvement Program proposes to fund all
Under the pay-as-you-go concept used in the CIP projects
cannot be funded until sui f icient developer fees are available. Generally, fees do not become available until the developer builds a building or home. The City must wait for development to occur before infrastructure improvements can be funded.
Under the growth management program, certain facilities must be provided within a specific number of years of a threshold being reached, or concurrent with development. A pay-as-you- go system does not allow concurrent construction of infrastructure, and in many cases will not provide funds on a timely basis to meet the necessary schedule for facilities that must follow development.
The CFD developed under the City's policies allows Council to fund a range of facilities concurrent with development and to leverage the fee revenue stream to create a debt financing
program that guarantees the availability of facilities.
The CFD together with the CIP and Council Policy 33, which controls the use of assessment districts, form the basis for
the City's long range facility financing plan. The City has successfully provided funding for more than $400 million in infrastructure improvements to be constructed thorough buildout .
developable acres.
of the projects included Within the CFD from developer fees.
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Page Five of Agenda Bill No.
City of Carlsbad
An Overview of Carisbad's
Long Range Facilities Financing Program
Improvement Program projects from 1990 through buildout. The program is
largely dependent upon developer fees The CIP does
not guarantee funding of projects due to Its rdiance on
an unstable revenue stream.
The proposed City We Mdlo-Roos Community Facllltles
Mstrkt provides I gurrantoed source of funding lor
about $109 mllllon of capltrl projects funded through
developer fees In the CIP. WHh the CFD in place
the City Is less dependent on development for the
conslructlon of varW projects
Council has entered Into relmbuments agreements wh6r.
developer fee fundtng will not be available when needed.
These agreements have been instrumental in prMlng tunc
for park land acquisition and in park development.
The Cily has used a variety of non-city funding sourca
lncludtng TransNet funds, CalTrans and federal grants
to finace street ConStructlon program& In addition, Wev
funding has beem used to leverage the mbtlng tax fncremer
revenue Into an $1 1 million buildlng program in downtown C
City Wide Mdlo-Roos
Mstrkt
Reimbursement Agreements
Alternate Public
Fundlno Sources
council Pdky 33 Policy 33 allom the w8 of tax acempt debt to finance the
const~ctlon of prime and maJor uteri& as well a8
various related improvement8. 191YlS Act Assesmnt
Districts will fund mole than $100 million in st-
related projects through buildout.
Pdlcy 38 aliows the use of Mello-Roos dlstrfcts (in addition 1
the City Wide CFD descrlbed above) for the construction
of publk improvements wlth general publk bendit.
No estimate is avatlable for the total lmoUnt of
projects that will be funded under th4 Wky.
The pdky protects the City and the taxpayer while allowing
the ~98 el publk tax exerwt debt to finance a valrety of
projects.
counc#pd~38
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Page Six of Agenda Bill No.
The Council's actions forming the CFD will provide a guaranteed source of funding for over $109 million of projects which would otherwise depend on development fees for support.
Existing fee schedules for Public Facilities Fees, Traffic Impact Fees and Bridge and Thoroughfare District will be reduced if the CFD is confirmed.
No General Fund support is required for this program. The CFD operates as a separate entity, providing its own operating revenue and capital funding.
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1. Adopt Resolution No. making appointments in Connuunity Facilities District No 1.
2. Adopt Resolution No. . adopting the boundary maps for Community Facilities District No. 1.
3. Adopt Resolution No. declaring the City's intention to establish a Community Facilities District and to levy a special tax to pay for certain public
facilities .
4. Adopt Resolution NO. ordering and directing the preparation of a report for a Community Facilities District.
5. Adopt Resolution No. declaring intention to issue bonds secured by special taxes.
6. Resolution No. modifying various consulting agreements.
7. Staff report.
8 . Boundary Maps.
9. Project costs and descriptions.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN
A COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CP
CALIFORNIA, (hereinafter referred to as the "legislative
the local Agency"), deeitee to initiate proceedinge to c
Community Facilitiee District pursuant to the term6 anc
sione of the "Mello-Rooe Community Facilities Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of the Got
Code of the State of California. Thio Community Fac
Di0trFct hall herelnaftsr be refarred to as co
FACILITIES DISTRICT NO. 1 (hereinafter referred to
"District"); and,
WHEREAS, at this time, the legislative body is desi
making the required appointments in order to allow the p
inge to go forward to completion in accordance with the
sfons of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitalo are all ti
correct.
SECTION 2. That throughout the course of theae p
ings, tho City Council of the City will be acting as the 1
tive body of the Community Facilities District No. 1, a
constituted governmental entity as defined by Section 5.
the Government Code of the State of California.
SECTION 3. All regulatory ruler of the City, in1
date, time and place of meetings, ae well as notice requi
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shall be applicable for all proceedings conducted by this legi
lative body as the governing body of the Community Faciliti
Dietrict.
SECTIGN 4. That the CARLSBAD JOURNAL is hereby designat
ae the newepaper for all publications as required by law and
neceaaary for completion of this District.
SECTION 5. That there ia hereby authorized and establish
a special revolving fund designated by the name of the Distric
Available monies, including property owner advances, may
tranaferred to said fund to pay for current expenaes, as well
the acquisition and construction of facilities, includi
engineering services, and maid fund shall be reimbursed fr
tax revenues and/or other monier available from said District
from other contribution funds.
PASSED, APPROVED AND ADOPTED by the City Council of t
d city of Carlsbad at ita regular meeting held on the
Of , 1990, by the following vote, to wit:
AYES:
NOES :
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO.
. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SHOWING PROPERTIES AND LAND TO BE SERVED BY
NITY FACILITIES DISTRICT
CARLSBAD, CALIFORNIA, ADOPTING BOUNDARY MAP
CERTAIN PUBLIC CAPITAL FACILITIES IN A COMMU-
WHEREAS, the CITY COUNCIL of the CITY OF CA
CALIFORNIA, (hereinafter referred to aa the "IegielatFve
the local Agency"), desires to initiate proceedings to c
Community Facilities District pursuant to the terms and
sione of the "Mello-Roo8 Community Pacilitiea Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of the Got
Code of the State of California. This Community Fac
District shall hereinafter be referred to a6 COMMUNITY
TIES DISTRICT NO. 1 (hereinafter referred to as the "DFBt
and,
WHEREAS, there hao been submitted a map showing the
ties and parcels of land propoaed to be eubject to a epec
levied within the above-referenced District.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all ti
correct.
SECTION 2. That the map designated as "BOUNDAE
COMMUNITY FACILITIES DISTRICT NO. 1" showing the propertl
parcels of land to be subject to a special tax levied wit1
above-referenced District is hereby approved and adopted.
SECTION 3. A certificate shall be endotrred On the
nal and on at leaet one (1) copy of the map of the Dit
evidencing the date and adoption of this Resolution, and
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fifteen (15) day8 after the adoption of the Resolution fix
the time and place of the hearing on the formation or extent
said District, a copy of said map shall be filed with
correct and proper endorsements thereon with the cou
Recorder, all in the manner and form provided for in Secti
3110 and 3111 of the Streets and Highway8 Code of the State
California.
PASSED, APPROVED AND ADOPTED by the City Council of
city of Carlebad at it0 ragulat meeting held on the
of , 1990, by the following vote, to wit:
I
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clork
(SEAL)
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TO ESTABLISH A COMMUNITY FACILITIES DISTRICT
AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN
LITIES DISTRICT
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
PUBLIC FACILITIES WITHIN SAID COMMUNITY FACI-
WHEREAS, the CITY COUNCIL Of the CITY OF CAI
CALIFORNIA, (hereinafter referred to as the "legislative
the local Agency"), at thie time is desirous to initiate p
inge to create a Community Facilities District pursuant
terms and provisions of the "M8llO-ROOO Community Facilit
of 1982", being Chapter 2.5, Part 1, Division 2, Title 5
Government Code of the State of California (the "Act").
Community Facilitiem District shall hereinafter be refer
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refei
as the "District"); and,
WHEREAS, thie legiSlatfVe body ie now required to I
to adopt Ftm Remolution of Intention to initiate proceedir
the emtablimhment of said District, to set forth the boui
for said District, indicate the type of public facilitiee
pr0~id.d~ indicate the rate and apportionment of a speci
eufficfent to pay for all such facilities, aet a time and
for a public hoaring relating to the establishment o
District, and describe the proposed voting procedure f
election pertaining to the levy of a special tax or is
bonds within the District; and,
WHEREAS, at any time before or after the formation
District, this lmgimlative body may accept advances of
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and/or work in kind from any eource; however, no reimbursemc
and/or ropayment shall be made for said advances until exprea~
eet forth by agreement and/or Reaolution of thia legielatj
body setting forth the amount, terms and conditions for 2
reimbursement and/or repayment; and,
WHEREAS, a map Of said District ha8 been submitted, wh.
said map is hereby approved and a copy of .aid map shall be ks
on file with the transcript of there proceedings.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That tho abovo rocftalr are all true a
correct.
INITIATION OF PROCEEDINGS
SECTION 2. That these proceedings are initiated by thj
legislative body purauant to the authorization of Section 533
of tho Governrnont Cod. of tho Stat. of California.
BOUNDARIES OF DISTRICT
StCTION 3. It ir.th0 intontion of thio legirlative body t
establish a Community Facilities District pursuant to the prov:
eionr of the act, tho boundaries and parcolo boing that area (
land in which public facilitioo arm to be provided and on whic
special taxea may be levied in order to pay the cost an
expensms for aaid public facilities. A dercription of the boun
daries of territory proposed to be included in the Dirrtrict i
an followel
All that property to be served by the inatalla
tion of the capital facilities, a8 said property ie shown on
.
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map as previously approved by this legielative body,
designated by the name of this Community Facilitiea is
copy of which is on file in the Office of the city c
shall remain open for public inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed Community Fat
District to be established shall be known and deeigi
COMMUNITY FACILITIES DISTRICT NO. 1.
DESCRIPTION OF FACILITIES
SECTION 5. That it it$ the intention of this leg
body to finance the construction, expansion, rehabilita
purchase of authorized public capital facilities g'
described as follows:
I. Public facilities generally desci
a new library facility, a major addition to an existing
building, a City Hall complex, and the addition of ofj
warehouee facilitiem at the public safety center.
11. Park improvement. generally desigr
tha MACARIO CANYON PARK.
111. Major street fmprovemento in port
the following damignated public streets: FARADAY AVENUE,
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE F
LEUCADIA BOULEVARD.
IV. Major bridge and overpass fac
generally described a8 the LA COSTA INTERCHANGE, POINSETT
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
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FOr a full and more complete de8Criptlon
said facilities, reference ie made to the file entitl
"DESCRIPTION OF FACILITIES", which is hereby referenced z
incorporated herein, a copy of which is on file in the Office
the City Clerk and open for public inspection.
The above facilitiee all have an estimat
useful life of 5 years or longer, and are npecifically autt
rized to be financed under these procoodingr.
It is hereby further determined that t
propoeed facilities are nocerrary to moot increased deman
placed upon this Agency as a rosult of development occurri
within the Dirtrict.
SPECIAL TAX
SECTION 6. That ia is hereby further proposed that, exce
where funde'are otherwise available, a apecial tax rufficient
pay for said facilitiem and rolated incidental expensee auth
rized by the Act will be leviod annually within the boundari
of raid District. For particulars as to the rata and method
apportionment of the proporod rpocial tax, reference ir made
the attachod and incorporated Exhibit "A", which sets forth
eufficient detail the method of apportionment to allow each lanl
owner or resident within the propoeed District to clearly eet
mate tho probable annual amount and the maximum annual amou
that said person will have to pay for said facilities.
The special taxa. herein authorized shall I
collected in the same manner a8 ad valorem property taxes a
shall be subject to the same penalties, procedure, sale and lil
priority in any came of dolinquency ar applicable for ad valor(
taxes.
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This legislatiee body hereby further au
and allowe the early discharge and prepayment of any
tax, and epscific terms and conditions relating to ar
payment shall be #et forth by Reeolution prior to the
and delivery of any bonds.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON THE 14TH DAY OF
1990, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR
PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBE1
HALL, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLAT:
WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY
TIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT
SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS
TION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AN
FOR PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING TAI
PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE
AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR
THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE Dl
OR THE FURNISHING OF THE FACILITIES, WILL BE HEARD AND
DERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. f
ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY
PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE
LARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE
WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE
LATIVE BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC P
WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME
THE CONCLUSION OF THE PUBLIC HEARING.
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IF A WRITTEN MAJORITY PROTEST AGAINST 1
ESTABLISHMENT OF THE DISTRICT IS FILED THE PROCEEDINGS SHALL
ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO CERTJ
FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES
THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY.
ELECTION
SECTION 8. If, following the public hearing deacribed
the Section immediately below, the legislative body determin
to eetablieh the District and propoaes to levy a special t
within the District, the legislative body shall then submit t
levy of the special taxem to the qualified electors of t
District. If at least twelve (12) persona, who need not nece
earily be the same twelve (12) perronr, have been registered
vote within the District for each of the ninety (90) days precer
ing the close of the subject hearing, the vote shall be by regif
tered voterr of the Dirtrict, with each voter having one (1
vote. Otherwiae, the vote shall be by the landowners of tk
District who were the ownera of record at the close of tt
subject hearing, with each landowner having one (1) vote fc
each acre or portion of an acre of land owned within th
D i8triCt.
A successful election relating to the epecia
tax authorization shall, as applicable, establish and/or chang
the appropriations limit as authorized by Article XIIIB of th
California Constitution as it is applicable to +hi8 District.
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NO PRIVATE CONTRACT
SECTION 9. This legislative body hereby finds ar
minee Chat the public interest will not be merved by
the property owner8 of 3/4's of the area to make an e11
take over and perform any works of improvement pureuz
contract awarded by this legislative body. Thie find
not prohibit the property owners from directly enterin
contract to perform and construct certain of the
improvement to then be acquired by the City.
NOTICE
SECTION 10. That notice of the time and place
public hearing shall be given by the City Clerk in the f
manner:
A. A Notice of Public Hearing s
publiehed in the legally deaignated newspaper of general
tion, being the CARLSBAD JOURNAL, said publication pur
Section 6061 of the Government Code, with said publicati
completed at learnt seven (7) day8 prior to the date 8et
pub1 ic hearing.
B. A Notice of Public Hearing e
mailed, porntag- prepaid, to each property owner wit
bound8riern of the proposed District; said mailing
property owners shall be to the address as shown on t
equalized arsessment roll. Said mailing shall be compl
least fifteen (15) day6 prior to the date set for the
hearing.
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ENVIRONMENTAL REVIEW
SECTION 11. All environmental evaluation proceedi
relating to the eetabliehment of this District shall
completed ,prior to the date and time eat for the public hearin
PASSED, APPROVED AND ADOPTED by the City Council of
city of Carlsbad at its regular meeting held on the
of , 1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENARANZ, City Clerk
(SEAL)
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CfTY O? CARLSRkD
COMMUNITY PACILXTIld DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEQORZES AND HAXIMUW TAX
hi1 trwrble proporty within the boundrrier of tho Comm
Facilitior Dirtrict aha11 ba rUbjOCt to ANNUAL SPECIAL TAX1
applicrbla, bared upon tho ptoperty crtagofiea, maxfmun rater, fnororrer rad rtrtur of the irrurnce of building par
all am herolnrttor mot fatthe Improvement Area I rofarr tl propertior within the boundrrirr of the City of Carlrbad B
and Thoroughfar. Dirtrict. fmprovomont Are8 ff is for
remaining praprrthr within tha Community lrreilitirr Dfrt not within tho Bridge C Thocoughfaro Dirtrict.
R18XDIITIAL OIAOOZRTX
PNNUAL IPICXAL TAX - UNDBVELOPBD PROPERTY
~11 tart8blO property prior to tho irrurnce of a building p shall be rubjoct to the toll ow in^ mximum annual rpeaial t
rlro aubjoot to adjurtmontm am 8et forth herain,
MA%IHUH ANNUAL SPSCIAL TAX - UNDIVLL
PROPIRqY PIR DLVLLOPAELt ACRl FOR FI
YBAR 1990/9l
IYPROVPl4BlT IXPROVIHlNT
PROPERTY CATBQORY ARICA I ARIA XI
Rooidmn+ial Low $ 230.00 $ 227.00
632 00 622 a00 Re8idantLal Low to Wodium
R88Fb8ntf.l ll~diur lpOS9 00 996.00
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Rmoldential Hediun to High 1,623 00 1,5289 00 Rertdentlrl Xigh a, am.00 2,241 e00
IPBCIAL DIVtLOPHlNT TAX - ONE TIM8
Upon the trruanco of 8 building permit, rll Remidrntfal px tiem rhrll bo aubjoct to tho following described SPECIAL DLC
hazein, qonetelly a8 followra HENT TAX 0 ON8 TZMS, a1.O rubject to .dju8tm.ntr 40 8.t
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MAl(!MbM 8P#CxAL DEVELOPHINT TAX - ONE TIME DER RESfDLNTIhL DWELLING UNIT FOR RISCAL YEAR
1990/91
IMPROVEMENT IMPROVEMENT
PROPERTY CATIQORY ARIA X ARIA If
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Roridantirl LOW 8 48240.00 S 3,652.00
~oridentFa1 Low to ModLuar 4 , 240 00 3r6S2 SO0
Rouidentirl Modlun 2q677.00 2, 202.00
Roridontirl nodiura to Mlgh 2 , 677 00 2,202.00 Raaid8ntirl High 2 , 677.00 2,202 00
COHMSROIAL A1D XlDUITRIAt PROPSRTY
Ab
A11 trrrblo Camraorc~r~ rad Znduutri.1 Property prior to the
irmurnce oi building posrait oh811 bo robjrat to tho following
maximum annual mpacial tax.@, also rubjaot to rdjurtmontr am tat
forth horefnt
HAXIWUH ANNUAL BPBCtAL T1LX - UNDBVItOPOD
PROPERTY PIR DIVILOPAbLE ACRB ?OR CflCAL XIAR 1990/91
IMPROVLHBNT INPROVSMIRT
ARIA I ARtA Zf
commercial Proparty $ 3,000.00 d 2,000.00
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Indurtrfal Prop*rty 1, 500 00 1,200 boo
Agrioulturrl Proporty -0. -0-
AIL Commerclal and Indu8tri81 Proporty, upon tho irruancro of
building permLt, .hall hrro tho option to (1) pay the 8PBCIAL
DOVBLOPHlWT TAX - 011 TIM8 01 (2) aomumo tho ANNUAL SP8CIAL TAX - DBVILOPIO PROOIRTY for 8 poriod of not to OxCe8d twenty-five
(21) yoare, gonorally in the arnountr por proparty ortrgoty as followrr
nAXIHun 8PICIAL OkVtLOPHIWT TAX - OME TIME
?OR ?ISCA& YEAR 1990/91 PIR SQUARE FOOT OF
BWILDXNO ARkA 1
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PROPgR'PY CATIOORY
IHDAOVEMBNT IMPROVINONT COMMERCIAL U8S DIIIaNATIORl AREA I ARtA If
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Rmrtrurrnt 0 Pamt Food 0 21.87 .$ 8.82
convenimnom Mask.+ 20.90 5.18
Outdoor T8nnir Courtr 21,bZ 5.58
‘-{ZlJJ $‘J
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IMPROVEMENT XWPROVIMENT
COMMERCIAL UaP DBSIONATIOI8 RRPA I AREA 11
Bank with Orfcrbthru $ 13.88 $ 4.40
Camp9cound 13.46 3.83 Rertaurant - Sit Down 11.66 3.64
Marina 11.41 3.39
Auto - QlOOlin8 6023 2.22
croaery storm gb98 . 1.91
t Q L with Drimthru 5683 2.67
Bowzing Uantof 5.09 ~a8
Brnk - Walk fn 9.66 3.54
~oitautant - Quaiity 5.05 2-30
Noighborhood Shopping Contor 1.96 1-7s
Auto Car Warh 4.8s 1.93
8 f L - Walk In 4.23 2.33
Raco Traok 3.92 1.79
Library 3.27 2.20
Community bhopping Center 3-96 1.38
Hot.1 - ~onv. ?rc/Comm. 2.66 1-93
Auto - ROprft & 8.1.I 2.62 1.22
Rogional Shopping Contar . 2.57 1.24
Dlsaount Itoro 2-48 1.22
aolf Courro 2-31 1.61
Church 2-30 1-49
OffFoa - Qooatnmarrt 2-31 1*4S
Health Club 2.22 1.43
note1 2-07 1oS8
Office - High RtOO 2.06 1-41 c~fffco - commercial, Lori 1.97 1.3s
Lumbor/Hrrdwrrr Itoro 2090 1*22
Offico - t4odiaal . 1.96 1.119
Horpital - Convalor~ant 1.70 1.71
Indoor aport. Arona 1.79 1.71
RO8Ort Hot81 1.77 1.52
Untvorrity 1.73 1.47
Junior Collago 1-68 1-46
HO8pit.l - Qonmtal 2.98 2.44
Commorclal Shop8 3823 1.22
than 100,000 8P
All other cornmrchl Pzopartiar 1.65 1.11 not: fndontitiod abava
IHPROV84ENT ZMPRQVEHENT
fNDUSTRICAL UaS DtdIQAATZOt?S aRBA I ARIA XX
Holiportr $ 8.17 $ 2.81 fndurtrl~l-com~erci~~ Burinoar
Dark 1.6s ‘ . 1.16
All othor Xndurtrlal Propertior
not idontifLad rbovo 1.34 1.09
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OR, Ill THE ALTIRWATB,
MIrXIWUH ANNUAL SPECIAL TAX - DCVILOPBD
PROPSRTY FOR FISCAL YEAR 1990/91 PIR
SQUARle FOOT OF BUILDING ARIh
PROPERTY CATIIOOAY
ZXPROVIMINT rnPR0VBMBNT
COMMBRCXAL WSll DIBXQNATIONS ARPA I . ARIA 11
~oatrurant 9 Frat ?004 0 3.93 0 1.01 Outdoor Tannir Court$ 3,118 stoa
convoniencm Harket 3.37 0.93
88nk with DtLvO-thtu 2.49 0.79
campground 2.42 0.69
Rortrurant - Sit Down 2.09 0.65
M8tin8 2.05 0.61
Dank - Walk In 1.77 0.63
Auto - Oamolino 1.12 0.40
Qrocary Stole le07 Oe35
8 L L with Drivo-thru 1*05 0.48
8owllng Centor 0.92 0.39
Riltautrnt - Quality 0.01 0.43
Noighborhood Shopping Contor 0.89 0.31
s c L - Walk In 0.76 0.42
Raco Track 0.70 0.32
Auto Car Waah 0.87 0.3%
Libtary 0.s9 0.39 Coarrnunity 8hopping Wnt@r 0459 oa
~oapltal - Cien.r.1 0.54 Ot44
Hotel - COnV. Irac/Corar 0.48 0.35
Auto (I Ropair & Il810a 0.47 0.22 Raqionrl shopping Contor 0.46 0.22 Dircount 8tote 0.44 0.22
oolC 0ourie 0.42 0.30
church 0.41 0.27
Offiae - Oovrrnmont 0.40 0.26
Comlaatoial Ihopo 0.40 0.12
nm8lth olub 0.40 0.26
Motml 0.37 0.28
Offfa. - El9h Ria0 0.37 0.2s
Office - coaaoroial, tom than 0.35 0.24
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100,000 a? Lurnbor/Hardwarr btoro 0.34 0.22
Officr - Hedical 0.33 0.29 . HOrpLt8l - COnVrlOrC@nf 0.32 0.31
Indoor 8portm Armnr 0.32 6.32
Ra80rt Hot01 0.32 0.27 Univoraity 0.31 0.16
Junior CoLlo~o 0.30 0.26
All 0th.r cOlUm8t8i81 PgOp.rtf*# not indrnt&fiad 8boro 0.30 0.20
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(" "... -. - $9 05 P.M FKUM tl H 1-n
IMPROVEMENT IMPROVBWBNT
INDUSTRIAL U8E DPSIONATION8 AREA I ARIA IS
Holiportr 9 1.47 0.42
~nburtti~l-Com~orei~l Burinerr
Park 0.30 0.21
~ll Other Induatrirl PtOp8rti.8
not idontit iod abovo 0.24 0.20 .
AHHUAL TAX IICRIAIB
Tbo 8bovo LIOLCIAL TU1S for the t8x8blo proportior 8f. 891
able fer tha ilaorl yeas 1990/#1, and aro all rubjrak to ar
inoroarma to taf llrct inarmasma in conrtructton coitr. Conrtruction Coot Indox of tha In~inoetinp Nowr-Roaord, tl
"ONR Cort Indoxar in 22 Citi.8" will bo urod. Tho I
publirhod for tho month of April for tho City of Lor Ang
under tho column ho8dlng of aPorcantage Chango frorn Laat ]I
will annually inflat. eaoh of tha Maximum Annual Taxor propartfor &a followrr
A. PROPSR'PSICS WIt#IN TBI OtlTRfCTt Not to mxcomd SO\ of thc
abovo-reforoncod inorrare,
Bo PROPtRTIlS TO bl IUSdSQWLNTLY ANNEXID8 lot to axoo.d lo(
of tho abovo-raforrncod increrlr untll 8nnoxad.
TBRH O? TAX
Th, rbdrr tax&# #hall bo l~hd untll a11 bandr kava barn chrtgad and frailitior iundrd and/or gUrt8nt.adI and tho $PI
DLV1LOPMENT TAX - OWL TIXE ham boen prfdi howovor, tho AI
poriod in exce81 of twonty-fivo (26) yoarr.
Residontialc
Onco a buildlnp parmit ham boon irruod fat Reridontfrl pros
8nd the d?SCtAL DXVLLOPYS#T TAX - ON8 TIME ham bean paid,
8PaCfAL TAX - DEVBLOPBR PROPERTY ahrL1 not bo 1.Vf.d f
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propmrty no l0np.t will bo rubjoct to any annual rpecial tax(
Commercial C Znduetrialc
Tha ConrmaEeirl and IndumtrF8I proparti*r, upon tha ireuanca building pormit, haw tho option to (1) p8y tho SPICIAL DBvl
any building pormft, ne furthor orcrlatian ia ruthorirod.
HENT TAX - Ong TIM1 or (2) &llUm. tho ANNUAL SPEUIAL T
DEVELOPED OROPLRTY, 8) ret forth ~~OVO. Upon tho i88U8nC
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COtLBUPfO# 01 hNYUAL TAX
RaeidontiaLt
~rtormine tU0ni.B nocO8r8+y to m8ko payraont on bond debt morvicm, roplmnlrh rororvo~ P8Y bond 8nd City admfnlrtrativo coati, and
pay fog public capital faoilitiO8. Roduae thir amount by tho fund8 collrctad from dpeal81 Dovrlop~nent Tar - On. Tim. 10vF.d
a9rLnrt reridontirl ptOpOStLO8. The toml8nLnq tundr needod are
to bo uollootad by tho l8vy oi tho rnaual 8paoi.l Tax -
Undovolopod Property on undooolopod trxablo roridential acroage, in tha paraontrgr roquirod, not to oxceed tho maximum tax.
~ommo~cial and Xndurtrtalr
DatOrmin@ @Oll&@d nOCO8)rry to mark. PIylaOnt on bond Uebt orv vice, rrploni8h rerorve, pay bond and City adainimtratirm U08tSf and
pay for publio capital faoifitier. Reduo8 thir amount by tho
fundm colloatad from Ipooirl Dovalopmant 'Pa% - On8 Tim. loviad
agatnrt UOmlParaial and indu8trial prop8rtier. Tho remrinlng
fund8 noedod af8 to ba Lariod in tho following priority#
PIRett Lovy tha Annual bpoofal Tax - Developed Proparty, not
to oxcoed tha muimum tax.
8rCOHDt Lovy the &ntwrl Ipoolal Tax - Undevolopod Propatty on
undovelopo6 trrrabla coaaaoroiml and induotrial aaroago, not to
oxcroed tha ma%Laur tar.
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RESOLUTION NO.
RESOLUT1oN bF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING AND DIRECTING
THE PREPARATION OF A "REPORT" FOR A COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CA
CALIFORNIA, (hereinafter referred to as the "legislative
the local Agency"), has declared its intention to
proceedings to create a Community Facilities District I
to the term6 and provi8ions of the "Mello-Roos Community
ties Act of 1982", being Chapter 2.5, Part 1, Division 2
5 of the Government Code of the State of California.
Community Facilities Di8trict shall hereinafter be refe.
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refe
a5 the "District"); and,
WHEREAS, this legirlative body directs, pursuant
provisions of Section 53323.5 of the Government Code
State of California, the preparation of a "Report" to
more detailed information relating to the propo8ed Distril
proposed public facilities and estimate of cost.
NOW, THBREIORI, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recital. are all tr
correct.
SECTION 2. That the appointed SPECIAL TAX CONSULS
hereby directed and ordered to prepare a "Report" to b
eented to this legislative body, maid "Report" to (
further information and data regarding a description
public facilities required to meet the need8 of the Dir
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further data and information regarding the estimate of the c
for said facilithe, and further data relating ta the rate
method of apportionment of the special tax required to fin:
said public facilitieo. Said "Report" shall further contain
other material that is related to the proposed public faci
ties, District formation and tax authorization.
SECTION 3. Said "Report", upon its preparation, shall
submitted to this legimlative body for review, and said "Repo
shall be made a part of the record of the public hearing on
Resolution of Intention to establish said District.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at it# regular meeting hold on the
of . , 1990, by the following vote, to wit:
AYES:
NOES t
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA t. RAVTBNARANZ, City Clark
(SEAL)
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY
TIES DISTRICT
CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
FOR CERTAIN FACILITIES IN A COMMUNITY FACILI-
WHEREAS, the CITY COUNCIL of the CITY OF C
CALIFORNIA, (hereinafter referred to as the "legislativc
the local Agency"), hag declared its intention to o
establishment of a Community Facilitieo District for
public facilities pursuant to the terms and provieionr
"Mello-Roo0 Community Facilities Act of 1982", being
2.5, Part 1, Division 2, Title 5 of the Government Codc
state of California, commencing with Section 53311
Community Facilities District shall hereinafter be raft
ae COMMUNITY FACILITIES DISTRICT NO, 1 (hereinafter ref1
aa the "District"); and,
WHEREAS, it is the intention of thi8 legislative
finance all or a portion of eaid facilities through the
of bonds, said bond. to bo secured by apecia1 taxes,
authorized pursuant to said "Hello-Roos Community Facilii
of 1982".
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
SECTION 2. That thie legislative body declares t
public convenience and necessity require8 that a bonded ii
nesa be incurred to finance all or a portion of certain
facilities as proposed for the delrignated Di8trict.
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SECTION 3. That it is the intention of thie Legielat
body to finance the construction, expansion, rehabilitation
purchase of authorized public capital facilities genera
described a8 follows:
I. Public facilities generally deecribed
a new library facility, a major addition to an existing libr
building, a City Hall complex, and tho addition of office
warehouee facilities at the public safety conter.
11. Park improvemento generally designated
the MACARIO CANYON PARK.
111. Major street improvements in portions
the following designated public atroetm: FARADAY AVENUE, CAN
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD
LEUCADIA BOULEVARD.
IV. Majar brFdQa and avarpa~s facilit
generally described as the LA COSTA INTERCHANGE, POINSETTIA L
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
SECTION 4. That the amount of the proposed bonded indebt
ness, including tho coat of tho facilitios, together with
incidental expenmom, is generally as follows:
SAID PUBLIC FACILITIES, INCLUDING INCIDEN'
EXPENSES, IS ESTIMATED NOT TO EXCEED $150,000,000. ALL CO
ARE REPRESENTED IN CURRENT DOLLARS AND ARE SUBJECT TO ANN1
INCREASES AND ESCALATION AS REFLECTED IN THE CONSTRUCTION CI
INDEX OF THE ENGINEERING-NEWS RECORD, LOS ANGELES, CAS
SECTION 5. NOTICE IS GIVEN THAT ON THE 14TH DAY OF AUGU!
1990, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEET
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PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBE
HALL, R PUBLIC HEARING WILL BE HELD ON THE INTENTION
LEGISLATIVE BODY TO INCUR A BONDED INDEBTEDNESS TO
PUBLIC FACILITIES IN THE COMMUNITY FACILITIES DISTRICT
LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE FIXED I
PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING PERSON,
PROPERTY WITHIN THE AREA, MAY APPEAR AND PRESENT ANY
RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR 11
THE BONDED INDEBTEDNESS WHICH WILL PAY FOR ALL OR A FOE
THE PROPOSED PUBLIC FACILITIES AND WHICH WILL BE SECUR
SPECIAL TAX TO BE LEVIED WITHIN SAXD COMMUNITY FA(
DISTRICT.
SECTION 6. That notice of the time and place of thc
hearing shall be given by the City Clerk in the fc
manner:
A. A Notice of Public Hearing st
publiehed in the legally designated newmpaper of general c
tion, being the CARLSBAD JOURNAL, eaid publication pure
Section 6061 of thm Government Code, with said publicatio
completed at leart reven (7) day8 prior to the date set
public hoaring.
B. A Notice of Public Hearing ehall be
poatage prepaid, to each property owner within the bounda
the propomed Dirtrict; eaid mailing to the property owner
be to the address a8 shown on the last equalized a~se~emen
Said mailing ehall be completed at least fifteen (15) day
to the date set for the public hearing.
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PASSED, APPROVED AND ADOPTED by the City Council of
city of Carlsbad at its regular meeting held on the
of , 1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPROPRIATI
OF FUNDS TO SUPPORT SERVICES PROVIDED BY KADIE- JENSEN, JOHNSON AND BODNAR, AND NBS/LXIWRY UNDEl
1lTH SUPPLEMENT TO AN AGREEMENT BETWEEN THE CIT CARLSBAD AND NBS/LXIWRY THE CITY OF CARLSBAD AND
NJBS/LmW
WHEREAS, the City Council has directed staff to stud1
feasibility of forming a Mello-Roo8 Commmunity Facill
District to augment the implementation of the City's qi
management plan: and
WHEREAS, the Council has previously directed the staf
work with the NBS/Lowry to prepare the preliminary tax fox
and district description for the City's CFD and to work
Kadie-Jensen, Johnson and Bodnar for the review of the fl
aspects of the District: and
WHEREAS, Council has previously approved the 11th supple
to the basic agreement with NBS/Lowry to include the
related to the City's CFD: and
WHEREAS, additional funding in the amount of $501000 wil
necessary to support the conclusion of work and Dist
formation documents by NBS/ Lowry and Kadie-Jensen, Job
and mar.
NOW, THEREFORE BE IT RESOLVED by the City Council of
City of Carlsbad, California as follows:
1. That funds in the amount of $50,000 are appropriated
the general fund unappropriated fund balance to accounl
001-840-1310-2479.
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2. That the staff ia hereby authorized to continue to work
with Kadie-Jensen, Johnson and Bodnar and NBS/Lowry under the
terms of the 11th supplement to the basic agreement on issues
related to the creation of the City's Xello-Roos Community
Facilities District.
3. That the Finance Director shall apportion the additional
funding herein approved, as necessary, to support services
related to the creation of the City wide Community Facilities
District.
4. That the funds hereby appropriated shall be recovered
from any subsequent bond issue or tax assessment levied by a
community facility district formed as a result of this effort.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of CarlSbad, California, held on the
day of 8 1990, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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June 29, 1990
TO: CITY MANAGER
FROM: Finance Director
SUMMARY OF MEtLO-I1008 DISTRICT PROPOSAL .
On July 10, 1990 the City Council will consider adopting ii Resol
of Intention to form a City Wide Community Facilities District which will finance the construction of more than $109 million of E improvements. This report is intended to provide background c Projects to be funded through the CFD, the proposed taxing fox and how they effect various types of property, the CPD boundary the CFD formation process.
BACKGROUND
In 1986, the voters of Carlsbad approved the implementation o Growth Management Program. on the concept that development may only occur when the develope show that eleven basic infrastructure standards will be mainta In other words, the developer would have to show that the citizer had previously enjoyed library semrices, circulation and s systems, or school systems to name a few, would be able to contir
enjoy the same level of services they had received beforc
development occurred. If the proposed development would caus
service to fall below a stated standards, the developer would ha provide a means for constructing improvements that would maintai standards as stated within the Growth Management ordinance and tc the senrice demands of the new development.
At this time the City of Carlsbad has in place a series of devela related fees that are paid at the time of construction. These
will ultimately pay for improvements such as the library, interss and street improvements, fire stations, parks and other p facilities. The City has generally used a pay-as-you-go SySte financing capital improvements. This means that when the City col
adequate funds from developer fees, projects included in the C capital improvement program are built. A pay-as-you-go System a
you to build improvements after all fees have been paid and devela has already occurred. This condition is unacceptable under the C
Growth Management Program which requires that certain facilities be built concurrent with development and therefore in advance 0
The principals of the program were
time that fees would be received.
w - Summary of Mello-Roos .District Proposal June 29, 1990 Page No. 2
It became evident that the City needed to develop a plan to allow the construction of certain capital projects in advance of when fees woulc
otherwise be available. collecting funds from those within the City who will ultimately develop and direct those funds towards certain high priority projects. It was not the City's desire to fund projects that would be developer
responsibilities in the years to come or would have a very narrow area of benefit. Three standards for the use of tax exempt Mello-Roos Bonds came from this work:
1. The City would fund projects that are currently within the City's
fee program.
2. The City would concentrate on projects that are too large for a single developer to guarantee or fund in advance.
3. The City weuld concentrate on 'projects that impact more than one growth management zone.
with these three basic concepts in niind, the City began to work on a comprehensive financing program for major capital improvements. From
this effort, the City has developed the following:
1. The Council Policy 38 which sets the standards for the use of Mello-Roos districts in Carlsbad and the proposed Mello-Roo8 Financing Program.
2. Council Policy 33 and the proposed use of 1913/1915 Assessment
District bonds for streets.
3. A comprehensive review of the City's capital improvement program and capital improvements required undergrowthmanagement down to the zone level.
This cemprehensive financing program includes funding for more than
$400 million in City funded projects as well as more than $100 million of projects that will be conditions of development approvals. This program is suaunarized on the following page.
This plan had to provide a means for
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Summary of Hello-Roo8 District Propospl June 29, 1990 Page NO. 3
City of Carlsbad
An Overview of Carlsbad's
Long Range Facilities Finandng Program
Improvement Program projects from 1990 through bulklout. Tho program b
largeiy dependent uo~n develw tees. rn~ up does
not guarantee funding of projects duo to its relianco on an unstable revenue stream,
City We Mdlo-Roo8 The plOpomd City Wide MdlbRaor Community Facilities District provides a guaranteed source of fundlng for
about $109 million of capital prolets funded through
developer fees In the up. with tho CFD in pirce
the City is less dependent on development for the
constructlon of various projects.
Council has entered Into reimbursements agreements where
developer fee funding will not be available when needed.
These agreements have been instrumental in providing fundin(
for park land acquisition and in park development.
The City has used a variety of non-clty funding sources
inciudlng Trandlet funds, c;inruu and federal grants
to finance arm coMtruction program& In addition, Redevelo(
revenue into an $1 1 miillon building program In downtown cerk
District
Reimbursement Agreements
Alternate Public
Funding Sources
. fundlng has beer, u8ed to Iwwago the existing tax Increment
Council Poky 33 Policy 33 allows the use d tax exempt debt to fin- tho
construction of prime and major artedrb as wdi as
various related lmpravem~ 191Y15 Act Aasessnent
Distrlcw will fund more than $100 milllon In street
related projects through buildout.
Policy 38 allows the use of Mdlo-Roos districts (in lddltlon t0
of public Improvements wHh general public bene&
No estimate is avaflabk fw the total mount ot
projects that will be funded under thb pdlcy.
The policy protects the City and the taxpayer while dlowfng
the urn of public tax exempt debt to flnanco 8 Veirrty d
proiecn.
councHpdicr38
0 the City Wide CFD deecrtbod above) for the constructlon
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Summary of Mello-Roo8 ‘District Proposal June 29, 1996 Page No. 4
MELLO-ROO8 DISTRICT
The first and perhaps most important output of this process is the proposed City Wide Mello-Roos District. This District would fund the construction of $109 million in capital projects that would otherwise have been funded from City fee programs. The projects to be
constructed include the following:
Civic Buildincr s and Facilities:
Library - South Carlsbad $ 11.2 million Library - Remodel North Carlsbad 4.0 Utilities Main/Warehouse facility 3.7
Macaria Canyon Park 14.0 City Hall Facility 23.1
Streets and Road Seaments:
Faraday Ave 3.5 Cannon Road 3.95 La Costa Ave 6.0 Olivenhain/Rancho Santa Feb 6.0 Leucadia Blvd 3.5
Bridaes/Interchabaes:
La Costa Interchange 9.5 Poinsettia Interchange 9.85 Palomar Airport Rd Interchange 11.035
Total All Projects $109.335 million
(Detail project descriptions are attached to this report.)
The District will ultimately include all wdevelmea land within the City. These would be the properties that have not paid development fees which would be used to construct capital projects required by the growth management program that are included in the capital improvement program. Any property which currently has a house or other major improvement existing would be excluded from the District and no assessment, lien or tax would be placed on those properties. The builders of existing homes and building8 paid all fees or obligations at the the of construction and therefdre should not be assessed or taxed further.
The Mello-Roo8 District or Community Facilities District (CFD) works very much like an assessment district. The landowners or affected individuals are required to vote on or approve of the creation of the District before the City can implement such a plan. The voters allow
assess a tax which will not exceed a fixed amount. This tax can then
the City of Carlsbad to create a special district with the right to
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Summary of Mello-Roos District Proposal June 29, 1990 Page No. 5
be used to pay for projects or debt service (annual debt paper bonds that have been issued to pay for a specific list of c
projects. The creation of a Mello-Roos District requires a two- vote of the landowners in undeveloped areas, or of the reqi voters if there are more than 12 registered voters in the area included within the District. The City's proposal will only i undeveloped land since all existing residences and other stru
have already paid fees needed to finance the construction of c improvements required by the Growth Management Program.
The creation of a Mello-Roos District will affect different ty landowners, and eventually the residents of Carlsbad, in many dif ways. The plan proposed by the City should be reviewed in distinct pieces: residential property, commercial and indu
. property, and agricultural property. Below is a review of ez
these categories and how the Mello-Roos District will effect it
District boundaries are obligated to pay taxes levied by the Dis Neither the City of Carlsbad nor the residents of Carlsba obligated in the event of default by the District. The Council m assess a tax outside the District boundary to pay for obligatil the District.
Under the Mello-Roos District structure, only the tax payers with
RESIDENTIAL PROPERTY
1. A vacant or undeveloped land tax will be placc residentially zoned property within the District bound4 This tax would be based on the underlying General Plar use designation. The tax would be based on the number ( developable acres included in the parcel as determined the growth management standards. The attached tax table the maximum undeveloped land taxes for each tn residential land use. The CFD cash flow projections i that the City will set a vacant land tax of 852 of the mi tax rate each year,
2. Upon development, a single one-time tax would be paid I developer. This one-time tax would be a fixed amount pe developed. Upon the payment of the one-time tax, no fi tax obligation exists on the parcel. This means that z buyer will not be required to continue paying Mello-Roos to the City of Carlsbad. The most important concept applies to the residential development is that the home in the City of Carlsbad will not be obligated to pay fa taxes and therefore carry an additional tax burden for 1 improvements included within the District.
Residential
Vacant Land Taw Improvement Area i Improvement &ea 2
Land Use TWAcre Assessment TWAcre Assessment
RL (1 .O DUIAC) 230 196 227 1 93
RLM (3.2 WIAC) 632 53? 622 529
RM (6.0 WIAC) 1,059 900 996 047
RMH (11.5 W/AC) 1,623 1,380 1328 1,299
RH (19.0 WIAC) 2.285 1,942 2,241 1,905
-@d (1) m=td (1) vacant Land Tax VacantLand Tax
(1)- - uprowd undml0p.d hnd tu w@bo eel UOSL d mudmummxprr.pn
Onenme~ax Improvement Area 1 Improvement Area 2
OneTinnTpxf OmThnOTrX
Land Use Per Unit Pa Unn
RL (1 .O WIAC) 4,240 3.652
RLM (3.2 DUIAC) 4.240 3.652
RM (6.0 MJIAC) 2,677 2202
RH (19.0 DUIAC) 2,677 2,202
RMH (11.5 WIAC) 2,677 2,202
CornrnerdaUlndustrial
VacantLandTax Improvement Area 1 Improvement Area 2
Land use Taxlkre Asbesgnent TaxlAue *marrwran,
Ewmd (1) Ew=td (1)
Commercial 3,000 1,500 ZOO0 1 ,OOo
Industrial 1,500 750 1,200 600
DWdOpdTlxFLtW 1mpr-t Area 1 l~ovement Arm 2
Developed EXP=ud(2) Develooed -dm
selected Tan Pa TSC Ta Per Tax
LandU3m SUR Ajwrsanent SqR ksasmnent
Restaurant - Fat Food 3.93 354 1.05 0.95
ConvenienceMarket 3.n 3.39 0.93 0.84
Auto - Qasdine -1.12 1.01 0.40 0.36
Community Shopping Center 0.59 0.53 0.25 0.23 ma stor. 0.44 0.40 0.22 0.20
Mad 0.37 0.33 0.28 0.25
Buslness Park 0.30 0.27 0.21 0.19
q)Hor-€XpWWddmb#dprrPb.~d~IAIIn*$'U8QR
vacant Land Tax Vacantland Tax
(Oh - trD.acd Ltdwdmd bd tvrl kebtat.boutCMdmudrmmt.xFa
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summary of Mello-Roos District Proposal June 29, 1990 Page No. 8
. 2. The zero tax rate would continue to apply to these parcels as long as a zone change or other development application is no1 proposed by the owner. Upon receipt of an appliczition fo~ development rights, the tax clock would begin to run. upor
final approval of the zone change or other developmenl application, the full amount of the tax is due back to tht date of application. If the application is denied by the Citl council, no taxes are due and the slate is wiped clean. 11 short, if land is currently zoned for agriculture or in the
LC zone and no action is taken by the owner to make a change in that underlying zoning, no tax will be due under the Mello-
Raas District program.
APPEAL PROCESS
The district will include an appeal process that will allow a ta, payer to appeal the amount of the tax assessed, lanc classification issues or other questions to a board made up of staff representatives. This board would have the authority to modify the tax burden levied upon certain parcels within the constraints of the general taxing formula. This appeal process provides a forum for resolving issues out-side of the formal Council appeal process.
PROCESS AND SCIQDULE
The City has been working on the creation of this CFD for about
18 months. Although a total recount of progress over that time is not necessary, a review of events occurring over the past four mOnths may be useful. In addition, the proposed schedule for proceeding with the CFD formation should be reviewed with Council.
On March 5, 1990 the City mailed notices to about 500 property owners notifying them of our intent to pursue the formation of the City Wide CFD. Copies of a proposed Resolution of Intention, tax rates, property ownership information, and net acre calculations were included in each packet.
On March 16, 1990 the staff held two meetings, one at 9:00 am and
one at 3:OO pm in the City Council Chambers, to discuss the CFD proposal. Staff provided an overview of the district and tax rates as well as information on the formation process. Following
the March 16th meeting, the City staff held a series of meetings with any and all property owners who requested meetings (whether included in the district or not). The purpose of these meetings was to further explain the proposal and to get input from the
property owners. Meetings were held between March 16 and May 3.
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Summary of Mello-Roos District Proposal
Page NO. 9 June 298 1990
These meetings produced a list of coments and suggestionr have been investigated, and in many cases included in the dir structure. Issues raised by property owners include:
o
o
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o Agricultural land conversion to taxable property
Expected density of future development
Accuracy of project cost estimates
Ability to acquire projects constructed by develope:
o Non-residential tax formula considerations
o Appeal process
o Treatment of school property
o Overlay Mello-Roos districts for roads (i.e. Rancho Fe, Cannon, etc)
o Developer agreements
o Approval process for zone financing plans
o Limitation on total tax burden on property owners
These issues can be addressed in the staff report at the July 10, Council meeting if they are of interest.
City's consultants to produce the recommendation that will be b
the Council on July 10, 1990. The proposal before the Council re the characteristics of the early CFD policy with modifications i development assumptions and a sensitivity to the agricultural issues.
Not all issuos have been resolved to the satisfaction of the pro owner raising the question. Two primary examples of this arc Commercial/Xndustrial (non-residential) property tax formula an' funding of Rancho Santa Fe Road.
The non-residential property tax formula has been specifi questioned by a group of Zone 5 property owners. They believe tha
City is relying too heavily on the undeveloped land tax to support serrice payments. The developed property is more able to suppor tax burden because it can be offset against income producing prop' This group advocates a developed land tax far in excess of the pro] tax rate.
be totally eliminated within a few years.
After completing the property owner meetings staff worked wit1
By creating a higher income stream from developed
taxes, the undeveloped tax can be allowed to drop to a lower levi
Undevel~One-Timo Devdooed T"
TrxRevenw Tax TaxRewnw Revsmn r
RmmnUal 31,576 58,440 68,016
Non-Raidalw 30,364 87,141 117.525
lorrl Ravenue 61,960 56,440 87,141 205,511
2- W 0 .-.
*-* -.
Summary of Mello-Roos District Proposal June 29, 1990 Page NO. 11
The .question Of the Ultimate financing plan far Rtanch~ Santa Fe remains an issue with both the property owners and staff. Se
unresolved matters remain including:
- When could a 1913/15 Act Assessment District be form construct Rancho Santa Fe Road?
Would the City allow the use of a Mello-roos District for project? And if so, would policy 38 remain unchanged relation to the pass through of taxes to home owners?
What other forms of guarantees would the City accept in of a completed district? - Would the City consider forming a Mello-Roos Distric guarantee funding and later replace this district w:
1913/15 Act Assessment District?
-
-
A 1913/15 Act district is the preferable method for fundinc
construction of this project. Rancho Santa Fe Road meets conditions of Council Policy X33 which defines the use of asses districts in Carlsbad. be formed following the completion of design. This is expected ta place between 12 and 24 months from now. Although a district cou formed using estimated construction costs, the wide range of vari associated with this project make early estimates extremely dif f ic
The Mello-Roos Community Facilities District could be used to fii the road using Council Policy X38. This policy allows the creatil
a separate CFD to fund facilities having a significant public bend This district would be an overlay on top of the City Wide CFD now 1 considered by Council. Under policy X38 CFD taxes are not allow( pass through to the home owner. The developer is required to pa: any assessment or tax at the time of construction. The va: developer8 in the southeast corner of Carlsbad have indicated that condition make8 the Mello-Roos district unattractive.
Other forms of guarantees have been discussed. The City has accc
letters of credit for a variety of projects where a strong guan of funding was required. Also bonds were used in zone 5 recent; guarantee a smaller road improvement project. The City is open tc discussion of alternative guarantees,
A combined Mello-Roos district and 1913/15 act assessment distric been discussed as a possible solution to the guarantee. The Mc
Roos is used as a preliminary funding mechanism with the abilit issue debt for the road construction if a 1913/15 act district ir formed. The Mello-Roos district is later replaced by a star
1913/15 act district. Although this appears to offer some
It is the City's position that a district
W - Summary of Mello-Roos. District Proposal June 29, 1990
Page No. 12
possibilities for a simple solution, recent discuasions with bonc counsel and the consulting engineer indicate that this is an extreme11
complex process.
Staff will continue to work with the property owners on these and other issues. Council may wish to have staff develop issue statements on these questions to help focus discussion at the public hearing.
The schedule of events to come is as follows:
pesolution of Intention . July 10, 1990 - adoption of the Resolution of Intention. This date was not set until staff had an opportunity to fully discuss the CFD with all interested parties.
blic Hear- . Between 30 and 60 days after the Resolution of Intention, the City Council will Call a public hearing to discuss the Mello-Roos District. At this public hearing, the general public, interested property owners or other individuals having a desire to address the City Council on this issue may have an opportunity to present their views and concerns to the City Council. If the city
Council sees fit to continue the process, the Council will then call far an election. As with assessment districts, formal protests will be received at this time. If more than 502 of the land owners (based on acreage) file protests the district will not proceed. Staff recommends that Council consider holding the public hearings on August
14 or 21.
Blection bv the ProDertv Own- . Following the public hearing, property owners within the District will be given the opportunity to vote on the formation of the District. The vote will be on the basis of total acreage, one acre equalling one vote. A two-thirds vote is required for formation of the District. The vote must be held between
90 and 180 days following the public hearing. If the vote is to be taken by the County Registrar of Voters, the election cannot occur before 125 days after the public hearing unless the Registrar approves the earlier date.
Certif icatim of Results md Valid ation . Following thevotingprocess,
the City will certify the results of the election. The Council may
ah0 ChOOsa to validata the creation of the District through a legal challenge. This legal process establishes that the District was formed using the appropriate procedures and that the ultimate district will withstand any challenge that may be brought. The validation process may take between 60 and 120 days depending on the extent of arguments.
..
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>v __
Summary of Mello-Roos District Proposgl June 29, 1990
Page No. 13
ALTERNATIVES
The CFD is one of several alternatives for financing the (
infrastructure needs. If the Council chooses not to proceed wit program, capital project funding will remain as shown in the CIP CIP does not guarantee funding ef projects; it indicates the l ability to construct facilities if fee revenues are adequate.
example, proceeding with bond or COP issues for the funding c library will require the pledging of Public Facilities Pee rl backed by the general fund. Interchange construction on the sc! shown in the CIP is dependent on loans from TransNet funds whif repaid from Bridge and Thoroughfare district revenues. Other prc will remain dependent on revenues from fees or reimbursement agre( with property owners who construct facilities in advance of the (
schedule. Council could also consider doing a series of smaller localized CFD's to finance a single specific project or gro projects.
The staff recommendation is to proceed with the single financing
the City with the best guarantee of fundin1
thout a dependence on development for all fundin
w w
w
The following are available at the City of Carlsbad Finance Department, 1200 Elm Avenue:
1) Boundary Maps (available for inspection)
2) Entire Ownership List (available for copying)
3) Detailed Project Descriptions
Total All
Zones 5.268.69 480.46 1,515.53 834.32 8,099.00 I'
- w
City of Carlsbad
Gross Acres by Zone
City Wide Community Facilities District
(1)Fmn NBS oroa me dah-
(2) Fmn NW -t Bch.dubbyTon, 7R/W
(3)cJatbkd-Fk~knrF~~'pCmnIrhamhNBSRVschrd
,
-
24.00 26.69 77.88 104.57 2.87%
Total 1,028.91 1,69252 795.10 115.08 15.29 3,646.30
Percent 28.2146 46.4146 21.8096 3.1646 0.42%
RL - ResMential I Low Density 0 to 1S units per acre
RLM - Residential I Low to Moderate Density 0 to 4 unfts per acre
RM - Residential I Moderate Density 4 to 8 units per acre
RMH - Residential I Moderate to High Density 8 to 15 unlts per acre
RH - Residentlal I High Density 15 to 23 units per acre -
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F League of Women Voters
c North Coast San Diego Cour
August 28, 1990
Statement to the Carlsbad City Council regarding the
Mello-Roos Public Facilities Financing Plan
The Carlsbad Unit of the local League of Women Voters did a
study of the Mello-Roos Public Facilities Financing Plan an(
reached the following positions:
We support the use of Mello-Roos financing by the Carlsbad
School Districts.
We support the use of Mello-Roos financing by the City of
Carlsbad with controlled phasing, complete and on-going
disclosure and education for the citizens.
Understanding the need for financing public facilities now
construction under the Mello-Roos process. The Growth Mana!
ment Plan mandates that financing for facilities be in plact
before building permits are issued. When the Mello-Roos fi-
nancing is funded, the major part of the city's improvement:
planned under the Community Facilities District is schedule(
to be completed within five years. Thereafter development
could occur uncontrolled. Protection for managed growth net
to be provided.
The city was the leader in developing a public facilities f
nancing plan. The city has also developed an improved vers:
of Mello-Roos in which the developer pays the debt at the t
the permit is granted for construction. A phasing plan cou
keep the city in the vanguard of orderly growth.
Secondly, we urge requirements for complete disclosure of tl
1913-1915 Assessment District debt to first-time and subseql
buyers of property.
The League expresses our sincere appreciation to City Treas'
Jim Elliott for his assistance with our study and with the
League workshop on Mello-Roos.
and in the future, we are concerned about the timing of horn!
WL Ruth Lewis, President
League of Women Voters
North Coast San Diego County
P.O. Box 727, Cardiff-by-the-Sea, California 92007