HomeMy WebLinkAbout1991-01-29; City Council; 11011; Community Facilities District No. 1\
r at c t
F
-t
d u1 3 0 ae $ 4
.. z 0 F 0 4
=1 0
z 3 0 0
I,
DEP
,-b * -m q-
A6#1?.~ 4" TITLE
MTG. 1/29/91 GROWTH MANAGEMENT FINANCING PROGRAM CITY
CIT' COMMUNITY FACILITIES DISTRICT NO. 1
PUBLIC HEARING DEPT, F1N
RECOMMENDED ACTION:
Hold the Public Hearing on Community Facilities District No. 1.
Adopt Resolution No. q/~3f ordering changes and modifications to th
Resolution of Intention and proceedings relating to the formation of
Community Facilities District.
Adopt Resolution No. ?/-d 9 making preliminary findings, passing upon protes
and approving "Final Report."
Adopt Resolution No. 9//37 declaring and establishing the formation of
Community Facilities District and authorizing submittal of a levy of special tax
to the qualified electors.
Adopt Resolution No. ?/- f@declaring necessity to incur a bonded indebtednc
and submitting a proposition to the qualified voters of a Community Faciliti
District.
ITEM EXPLANATION
On December 11, 1990 the City Council adopted the Resolution of Intention
form Community Facilities District (CFD) No. 1. At that time the Council he:
the staff report describing the creation of the district and received public in]
from a variety of people. The Council then called for a Public Hearing to be b
on January 29, 1991 to discuss the continuation of the process. Notices WI
mailed to approximately 150 property owners, individuals and groups who h
asked to be noticed on this issue, and legal advertisements were placed in
local newspaper.
Through the adoption of the attached resolutions the Council will accomplish
following:
Resolution Orderinn Channes and Modifications - Provides the opportui
to incorporate changes into the CFD. On December 11,1990 the Cou
adopted the Resolution of Intention and other resolutions setting
taxing formulas, boundaries and other basic CFD parameters. The COL
may elect to modify these parameters at this time by reducing any as
of the district. No element of the district may be increased at this pi
hearing. Any change resulting from this public hearing will
incorporated into this resolution for inclusion in the "Report" of the
consultant.
Resolution Making Preliminary Findings - and Passing Upon Prote Makes the determination that insufficient protests have been receivc
cause the Council to cease the district formation process. If the Coi
-
4, '* e a
b*
L Page Two of Agenda Bill No. A! fl/' -*
receives a 50% written protest proceedings would be suspended. As of the dat
of the drafting of this agenda bill no written protests have been received.
Resolution declarim and Establishing the Formation of the District
Declares the City's intent to 1) form the CFD, 2) finance the hprovemeni
through the issuance of bonds, and 3) authorizes setting the question (
formation before the qualified electors (the land owners in this case).
Resolution Declaring Necessity to Incur Bonded Indebtedness an Submitting Proposition to the Oualified Electors - Provides 11
authorization to issue the necessary debt to fund the CFD projects. Th
and the previous resolution will be merged into a single proposition to 1
set before the electors.
If Council's decision is to proceed with formation of the CFD, the ab0
resolutions may be adopted at the January 29, 1991 meeting or referred back
staff for modifications and brought back before the Council on February 5, 199
In either event the staff recommends that May 7, 1991 be set as the electic
date.
ENVIRONMENTAL REVIEW:
On December 11, 1990, the City Council reviewed the environmental impact
the proposed CFD. The Planning Director prepared a Negative Environmeni
Declaration for the proposed Citywide Mello-Roos District finding that it wox
not have any significant, adverse impact on the environment. During the pub
comment period, one objection to the approval of a Negative Declaration w
received. After reviewing and thoroughly analyzing the objection, staff SI
believes a Negative Declaration is appropriate and adequate for the CityWi
Mello-Roos District Declaration. Supporting information is attached to t
December 11, 1990 agenda bill.
FISCAL IMPAm:
The proposed CFD has wide ranging impacts on the City and the land own
included within the district boundaries.
The City's Capital Improvement Program proposes to fund all of the proje
included within the CFD from developer fees. Under the pay-as-you-go conc
used in the CIP projects cannot be funded until sufficient developer fees
available. Generally, fees do not become available until the developer build
building or home. The City must wait for development to occur bef
infrastructure improvements can be funded, or at least be confident that
adequate amount of development fees will be available during the proj
construction calendar to cover project costs.
c , *L I) @
*-
L. Page Three of Agenda Bill No. /(,HI/ ..-
Under the Growth Management Program, certain facilities must be providc
within a specific number of years after a threshold is reached, or concurrent wi
development. A pay-as-you-go system does not allow the City to "guarantee" th
adequate funds will be available to construct improvements. One of the kt
reasons for pursuing the CFD approach to financing these projects is linked to tl
issue of "financial guarantees." Under a pay-as-you-go system, the City is total
dependent upon development activity for its revenue stream. Under a CE
system, much of that dependence is eliminated through the creation of a vaci
pledged to pay debt service on bonds issued to build needed projects. No systc
of financing can eliminate all uncertainty from the public facilities planni
process, but the CFD begins to offer the City some insulation from the volatil
of the development cycle.
The CFD developed under the City's policies allows Council to fund a range
facilities concurrent with development and to leverage the fee revenue stream 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
assessment districts, form the basis for the City3 long range facility financj
plan. The City has successfully provided funding for more than $400 millior
infrastructure improvements to be constructed through buildout.
///
///
///
///
///
///
///
///
///
///
///
land tax. This tax becomes a dependable stream of revenue which can
f 1 , I e e .-
A Page Four of Agenda Bill No. /$//I _-
City of Carlsbad
An Overview of Carlsbad’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 reliance on
an unstable revenue stream.
The proposed City Wide Mello-Roos Community Facilities
District provides a graranteed source of funding for
about $109 million of capital projects funded through
developer fees in the CIP. With the CFD in place
the City Is less dependent on development for the
construction 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 fundi
for park land acquisition and in park development.
The City has used a variety of non-city funding sources
including TransNet funds, CalTrans and federal grants
to finance street construction programs. In addition, Redeve
funding has been used to leverage the existing tax incremen
revenue into an $1 1 million building program in down town C
City Wide Mello-Roos
District
Reimbursement Agreements
Alternate Public
Funding Sources
Council Policy 33 Policy 33 allows the use of tax exempt debt to finance the
construction of prime and major arterials as well as
various related improvements. 191 3/15 act assessment
districts will fund more than $100 million in street
related projects through buildout.
Policy 38 allows the use of Mello-Roos districts (in addition 1
the City Wide CFD described above) for the construction
of public improvements with general public benefit.
No estimate is available fort the total amount of
projects that will be funded under this policy.
The policy protects the City and the taxpayer while allowing
the use of public tax exempt debt to finance a variety of
projects.
Council Policy 38
Existing fee schedules for Public Facilities Fees, Traffic Impact Fees and B
that projects previously slated for construction from fee revenues are
included in the CFD.
and Thoroughfare District will be reduced If the CFD Is cor&rmed to the e
< 1 . I 1 Q
c- Page Five of Agenda Bill No. /$fl//
*
A
No General Fund support is required for this program. The CFD operates a5
separate entity, providing its own operating revenue and capital funding.
It is also important to note that the present citizens and homeowners of Carlsb
are in no way obligated or held responsible in the event that the CFD experient
a cash flow shortfall. There is no legal way to assess property that is not Wit1
the CFD boundaries for debts of the district. Under Council Policy 38, there M
never be any homeowner who will be assessed a tax under the CFD progra
further insulating the populace from taxation by some future City Council.
ExHIl3I-I-S:
1.
2. Resolution No. 9/--fc making preliminary findings and passing UI
protests.
Resolution No. ?/- 37 declaring and establishing the formation of
district .
Resolution No. ?/- g0 declaring necessity to incur indebtedness i
submitting proposition to qualified voters.
City of Carlsbad Community Facilities District Report, CFD No.1 - on
Resolution No. 7/-3’1 ordering changes and modifications.
3.
4.
5.
with the City Clerk and Finance Department. J . ‘I‘. - )
v r . ,
E.
t- -
L 1 *.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I m 0
RESOLUTION NO. 91-37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING CERTAIN CHANGES
TION AND PROCEEDINGS RELATING TO THE FORMATION
OF A COMMUNITY FACILITIES DISTRICT
AND MODIFICATIONS TO THE RESOLUTION OF INTEN-
WHEREAS, the CITY COUNCIL of the CITY OF CAR1
CALIFORNIA, (hereinafter referred to as the “legislative b
the local Agency”), has previously declared its intentic
ordered the preparation of a “Report“ relating to the init
of proceedings to create a Community Facilities District
ant to the terms and provis’ions of the “Mello-Roos Con
Facilities Act of 1982”, being Chapter 2.5, Part 1, Divis
Title 5 of the Government Code of the State of California.
Community Facilities District ghall hereinafter be refer
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refel
as the “District”); and,
WHEREAS, notice of a public hearing relating to the
lishment of the District, the extent of the Distric
furnishing of certain facilities and all other related
has been given, and a “Report“, as ordered by this Agen
been presented and considered, and at this time it is
determined that certain changes and modifications in the
tion of Intention and proceedings should be ordered.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
SECTION 2. it is in the best public inter6
convenience to order certain changes and modifications
f
?
c- -
c
c 1
-L
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
! 0 e
proceedings and Resolution of Intention, as they relate t
formation of the District, and said changes and modificl
are as set forth in the final "Report" submitted and 1
approved, entitled "COMMUNITY FACILITIES DISTRICT REPORT".
SECTION 3. That the proceedings, Resolution of Int
and "Report" as now modified, ahall stand for all future pr
ings as the Resolution of Intention, proceedings and "R
for the District.
PASSED, APPROVED AND ADOPTED by the City Council q
City of Carlsbad at its/&u%tr meeting held on the 29tl S eci 1
of January , 1991, by the following vote, to c
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyg
NOES: None
ABSENT: None
AUDE A. LEWIS, Mayor
ATTEST:
kQUA.
ALETHA L. RAUTENKRANZ, Citk Clerk
(SEAL)
-. <t
% 1
2
-- *
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
v 0 0
91-38 RESOLUTION NO.
RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING CERTAIN PRELIMI-
NARY FINDINGS, PASSING UPON PROTESTS AND APP-
ROVING FINAL "REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF CAR
CALIFORNIA, (hereinafter referred to as the "legislative b
the .local Agency") , has previously declared its intentit
ordered the preparation of a "Report" relating to the init
of proceedings to create a Community Facilities District
ant to the terms and provisions of the "Mello-Roos Con
Facilities Act of 1982", being Chapter 2.5, Part 1, Divis
Title 5 of the Government Code of the State of California,
Community Facilities District shall hereinafter be refer
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refer
as the lfDistrict"); and,
WHEREAS, notice of a public hearing relating to the
lishment of the District, the extent of the Distric
furnishing of certain facilities and all other related ,
has been given, and a "Report", as ordered by this Agen
been presented to this Agency and has been made a part
record of the hearing on the Resolution of Intention to
lish said District; and,
WHEREAS, all communicasions relating to the establ
of the District, the facilities and the tax rate ha.
presented, and it has further been determined that a n
protest as defined by law has not been received agains
proceedings; and,
1
I 1 .. .-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, e 0
WHEREAS, the "Report" as now submitted further cont,
changes and modifications to the proceedings, as applicabl
hereby approved; and,
WHEREAS, inasmuch as there are less than twelve (12)
tered voters residing within the territory of the Distric
have.been been for at least the preceding ninety (90) dayg
legislative body is desirous to submit the levy of the rc
special tax to the landowners of the District, said lanc
being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all tr
correct.
SECTION 2. That the written protests received, if i
not represent a majority protest as defined by the app
provisions of the "Community Facilities Act of 1982".
SECTION 3. The "Report" , as now submitted, in
changes and modifications, if any and as applicable, shal
as the "Report" for all future proceedings and all tei
contents are approved as set forth therein.
SECTION 4. It is hereby determined by this legi
body to proceed with the formation and establishment
District, formally known and designated as "COMMUNITY FAC
DISTRICT NO. 1".
SECTION 5. It is hereby further determined by this
tive body that all proceedings prior hereto were valid ai
in conformity with the requirements of law, and specific<
provisions of the "Mello-Roos Community Facilities Act o
6
.I
1.
1
1 --
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 a
and this finding is made pursuant to the provisions and au
zation of Section 53325.1 of the Government Code of the St
California.
~EICTION 6. It is hereby further determined l?y this le
tive body that the proposed capital project facility is
sary.to meet increased demands placed upon this local Age
a result of development and/or rehabilitation occurring
District.
PASSED, APPROVED AND ADOPTED by the City Council
S eci 1 City of Carlsbad at its/&&- meeting held on the 29t'
Of January , 1991, by the following vote, to
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyg
NOES: None -
A. fh[,L ABSENT: None
Lid
CLAUDE A. L IS, Mayor
ATTEST:
l2-QQxL 2. fl4-L- ALETHA L. RAUTENKRANZ, CitylClerk
(SEAL)
4 0
*
1
2
3
--
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
' a e
91-39 RESOLUTION NO.
RESOLUTION OF THE C,ITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING AND ESTABLISH-
ING THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS
WHEREAS, a public hearing has been held and concludg
the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (1
after referred to as the "legislative body of the local A;
is desirous at this time to proceed with the establishmen
community facilities district, pursuant to the terms and
sions of the "Mello-Roos Community Facilities Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of the GOV
Code of the State of California, said Community Fac
District shall hereinafter be referred to as COMMUNITY
TIES DISTRICT NO. 1 (hereinafter referred to as the "Dist
and ,
WHEREAS, this legislative body has further decla
intent that the authorized public facilities be financed
the issuance of bonds, said bonds secured by the lek
special tax: and,
WHEREAS, at any time before or after the formation
District, this legislative body may accept advances o
and/or work in kind from any source; however, no reimbi
and/or repayment shall be made €or said advances until e:
set forth by agreement and/or Resolution of this leg
body setting forth the amount, terms and conditions
reimbursement and/or repayment; and,
--
I
L 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 e e
WHEREAS, all communications relating to the establi
of the District, the facilities and the tax rate have
presented, and it has further been determined that a ma
protest as defined by law has not been received against
proceedings; and,
.WHEREAS, the "Report" as now submitted further cont
changes and modifications to the proceedings, as applicab
hereby approved; and,
WHEREAS, inasmuch as there are less than twelv
registered voters residing within the territory of the Di
and have been been for at least the preceding ninety (90:
this legislative body is desirous to submit the levy
required special tax to the landowners of the District
landowners being the qualified electors as authorized by 1
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all t
correct.
PROTESTS
SECTION 2. That the written protests received, if
not represent a majority protest as defined by the apy
provisions of the "Community Facilities Act of 1982".
FINAL REPORT
SECTION 3. The "Report", as now submitted, ix
changes and modifications, if any and as applicable, sha:
as the "Report" for all future proceedings and all tc
contents are approved as set forth therein.
,
--
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
t 0 e
NAME OF DISTRICT
SECTION 4. That this legislative body does hereby I
lish and declare the formation of the Community Faci
District known and designated as "COMMUNITY FACILITIES Dl
NO. 1".
BOUNDARIES OF DISTRICT
SECTION 5. That the boundariee and parcels of 1
which the public facilities are to be provided and on
special taxes will be levied in order to pay the cos
expenses for said public facilities are generally descr!
follows:
All property within the boundaries of CO
FACILITIES DISTRICT NO. 1, as shown on a boundary map l
viously approved by this legislative body, said map des
by the name of this Community Facilities District, a 1
which is on file in the Office of the City Clerk. The 1:
map of the proposed District has been filed pursuant to 5
3111 and 3113 of the Streets and Highways Code of the S
California in the Office of the County Recorder of the Cc
San Diego, at Page 56 of Book 24 of the
Maps of Assessment and Community Facilities Districts f
County.
DESCRIPTION OF FACILITIES
SECTION 6. A general description of the public
facilities which this legislative body is authorized by
construct, own or operate, which are the facilitie
financed under these proceedings, are generally desc
follows:
-
*-
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 0 e
I. Public facilities generally descril
a new library facility, a major addition to an existing 1
building, a City Hall complex, and the addition of offi
warehouse facilities at the public safety Center.
11. Park improvements generally design?
the MACARIO CANYON PARK.
111. Major street improvements in porti
the following designated public streets: FARADAY AVENUE,
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE R(
LEUCADIA BOULEVARD.
IV. Major bridge and overpass fac
generally described as the LA COSTA INTERCHANGE, POINSETT
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
For a full and complete description (
facilities, reference is made to the file entitled "DESC
OF FACILITIES", a copy of which is on file in the Office
City Clerk and open for public inspection.
In addition to financing the above de
facilities, those incidental expense8 described in sai
"Report" are also approved and authorized.
SPECIAL TAX
SECTION 7. That it is hereby further determined
modification should be made to the Resolution of Intent
special tax formula, and said modification is reflected
special tax formula referenced and attached hereto as
"A", and said modification will not cause any increase
maximum special tax.
7.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
Except where funds are otherwise availal:
special tax, secured by recordation of a continuing lien a
all non-exempt real property in the proposed District, is
authorized, subject to voter approval, to be levied ar
within the boundaries of said District. The proposed E
tax to be levied within said District has not been preclu
majority protest pursuant to Section 53324 of the GOVE
Code of the State of California. For particulars as to tl
and method of apportionment of the proposed special tax,
fence is made to the attached and incorporated Exhibi
which sets forth in sufficient detail the method of appc
ment to allow each landowner or resident within the p
District to estimate the probable annual amount and the
amount that said person will have to pay €or said faci
Said special tax shall be utilized to pay for the constr
expansion, rehabilitation or purchase of the public capita
lities identified in SECTION 4. hereinabove, and/or to s
bonded indebtedness which shall be utilized to finan
public capital facilities.
The special taxes herein authorized s
collected in the same manner as ad valorem property ta
shall be subject to the same penalties, procedure, sale i
priority in any case of delinquency, as applicable
valorem taxes; however, as applicable, this legislative i
establish and adopt an alternate or supplemental proce
necessary.
*.-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I e e
This legislative body further authorize!
special taxes may be prepaid and satisfied by the payment
maximum present value of the special tax and all detai
particulars shall be set forth and adopted by Resolution c
legislative body.
Upon recordation of a Notice of Speci
Lien pursuant to Section 3114.5 of the Streets and Highwa!
of the State of California, a continuing lien to secur
levy of the special tax shall attach to all non-exemg
property in the District and this lien shall continue ii
and effect until the special tax obligation is prepi
premanently satisfied and the lien cancelled in accordanc
law or until collection of the tax by the legislati\
ceases.
PREPARATION OF ANNUAL TAX ROLL
SECTION 8. The name, address and telephone number
office, department or bureau which will be reapansible f
paring annually a current roll of special tax levy obli
by Assessor’s parcel number and which shall be responsi
estimating future special tax levies pursuant to section
of the Government Code of the State of California,
follows:
OFFICE OF FINANCE DIRECTOR
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
TELEPHONE: (619) 434-2867
.
I
*-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
FINDING OF VALIDITY
SECTION 9. It is hereby further determined by this le
tive body that all proceedings prior hereto were valid and
in conformity with the requirements of the law, and specif
the provisions of the "Mello-Roos Community Facilities
1982'1, and that this finding and determination is made pu
to the provisions and authorization of Section 53325.1
Government Code of the State of California.
SUBSTITUTION FACILITIES
SECTION 10. The description of the public capital f
ties, as set forth herein, is general in its nature. Ths
nature and location of improvements and facilities will be
mined upon the preparation of final plans and specific
The final plans may show substitutes in lieu of, or modif
to, the proposed work in order to accomplish the wc
improvement, and any such substitution shall not be a ch
modification in the proceedings as long as the fac
provide a service substantially similar to that as set f
this Resolution.
APPEALS AND INTERPRETATION PROCEDURE
SECTION 11. Any landowner or resident who feels t
amount or formula of the special tax is in error may
notice with the Agency appealing the levy of the speci
An appeals panel of 3 members, as appointed by the Agenc
then meet and promptly review the appeal, and if necessa~
with the applicant. If the findings of the Appeals Boar
that the tax should be modified or changed, a recommend
that time will be made to the Agency and, as appropri,
I
*_
1
2
3
4
5
6
7
8
9
1o
l1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
special tax levy shall'be corrected, and if applicable j
case, a refund shall be granted.
Interpretations may be made by the Age
Resolution for purposes of clarifying any vagueness or amk
as it relates to any category, zone, rate or definition a
able.to these proceedings.
ELECTION
SECTION 12. This legislative body herewith submi
levy of the special tax to the qualified electors
District, said electors being the landowners of the pi
District, with each landowner having one (1) vote for eac
or portion thereof of land which he or she owns within the
nity Facilities District.
This legislative body hereby further
that the ballot proposition relating to the levy of thc
referenced special tax be combined and consolidated wj
proposition relating to the incurring of a bonded indebt
This Resolution shall not constitute the notice of the E
and the Resolution declaring the necessity to incur the
indebtedness shall constitute the notice of the c
election relating to the bonded indebtedness and author
for the special tax levy.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its/@&$!3* meeting held on the 2s
January , 1991, by the following vote, to Of
,
--
1
2
3
4
5
6
--
7
i 0 a
AYES: Council Members' LewiS, Kulchin, Larson, Stanton and Nyga:
NOES: None
ABSENT: None (Y[/(/:z jv&(.-,1. ,
CLAUDE A. LE'WI , 'Msy6r
ATTEST:
8l
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ALETHA L. RAUT
(SEAL)
T-
1
2
3
4
5
6
7
8
9
.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
\ m a
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Cornmunit:
lities District shall be subject to ANNUAL SPECIAL TA
applicable, based upon the property categories, maxim
rates, increases and status of the issuance of building p
all as hereinafter set forth. Improvement Area I refers
properties within the boundaries of the City of carlsbad
and Thoroughfare District. Improvement Area I1 is f
remaining properties within the Community Facilities Di
not within the Bridge f Thoroughfare Dietrick.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building
shall be subject to the following maximum annual special
subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199
IMPROVEMENT IMPROVEMEh
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 281.00 $ 277.0C
Residential Low to Medium 772.00 760.0C
Residential Medium 1,294.00 1,217 -0c
Residential Medium to High 1,984.00 1,868. OC
Residential High 2,793.00 2,739.0C
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
ties shall be subject to the following described SPECIAL f
MENT TAX - ONE TIME, also subject to increases as se
herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME P
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19
IMPROVEMENT IMPROVEME
PROPERTY CATEGORY AREA I AREA I
$ 3,835.0 Residential Low $ 4,452.00
Residential Low to Medium 4,452 - 00 3,835 - 0
Residential Medium 2,810.00 2,312 .o
Residential Medium to High 2 , 810.00 2,312.0
2,312.0 2 , 810.00 Residential High
I
*$
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- a e
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior t
issuance of a building permit shall be subject to the fol
maximum annual special taxes, also subject to increases i
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1 , 200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuanci
building permit, shall have the option to (1) pay the S
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPEC1 - DEVELOPED PROPERTY for a period of not to exceed twent
(25) years, generally in the amounts per property categ
follows:
-.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
MAXIMUM SPECIAL*DEVELOPMENT TAX - ONE TIME FOR F
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMEh
AREA I1 COMMERCIAL USE DESIGNATIONS AREA I
Restaurant - Fast Food $ 28.46 $ 7.58
Outdoor Tennis courts 28.14 7.26
Convenience Market 27.31 6.74
Bank’with Drive-thru 18.06 5.72
Campground 17.51 4.99
Restaurant - Sit Down 15.17 4.73
Marina 14.85 4.41
Bank - Walk In 12.83 4.60
Auto - Gasoline 8.11 2.89
Grocery Store 7.78 2.56
S & L with Drive-thru 7.59 3.48
Bowling Center 6.63 2.83
Neighborhood Shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52
S & L - Walk In 5.51 3.03
Race Track 5.10 2.33
Library 4.26 2.86
Community Shopping Center 4.24 1.80
Hotel - Conv. Fac/Comm. 3.47 2.52
Auto - Repair & sales 3.41 1.58
Regional Shopping Center 3.35 1.61
Discount Store 3.22 1.58
Golf Course 3.06 2.14
Church 2.99 1.94
Office - Government 2.93 1.88
Health Club 2.89 1.85
Motel 2.69 2.06
Office - High Rise 2.67 1.84
Office - Commercial, IOO,OOO SF 2.56 1.75
Lumber/Hardware Store 2.47 1.5e
Office - Medical 2.42 2.07
Restaurant - Quality 6.57 3.09
Hospital - General 3-88 3.18
Commercial Shops 2.90 1.58
Hospital - Convalescent 2.33 2.22
Indoor Sports Arena 2.33 2.21
Resort Hotel 2.30 1.91
University 2.26 1.9
Junior College 2.19 1.9(
All other Commercial Properties 2.14 1.41
not indentified above
rl,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
' e e
IMPROVEMENT IMPROVEMEN'
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 $ 3.67
Industrial-Commercial Bueiness Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" fc
Fiscal Year shall not exceed 13.81% of the authorized "M
Special Development Tax - One Time" for the various Comm
and Industrial Property categories as set forth above
amount applicable and annually adjusted for each Fiscal Yez
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are i
able for the fiscal year 1990/91, and are all subject to
increases to reflect increases in construction costs,
Construction Cost Index of the Engineering News-Record,
"ENR Cost Indexes in 22 Cities" will be used. The
published for the month of April for the City of Los
under the column heading of "Percentage Change from Lasl
will annually inflate each of the Maximum Annual Taxes fi
year for properties as follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have be
charged and facilities funded and/or guaranteed, and the
DEVELOPMENT TAX - ONE TIME.has been paid; however, the
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential I
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been pa
property no longer will be subject to any annual special I
8 ,I)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
Commercial & Industrial:
The Commercial and Industrial properties, upon the issuanc
building permit, have the option to (1) pay the SPECIAL Dl
DEVELOPED PROPERTY, as set forth above. Upon the issua
any building permit, no further increase or escalat
authorized.
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities sk
allocated as follows: 65% to Residential property,
Commercial & Industrial property. The above costs exclud
of issuance as needed.
Residential property shall be taxed in an amount suffic
meet the 65% share of facilities, which tax will includt
of issuance, interest and other costs, including sinkii
payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an
sufficient to meet the 35% share of facilities, which t
include costs of issuance, interest and other costs, in
sinking fund payments for future construction as applicabl
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt E
replenish reserve, call bonds, pay bonds and Community
ties District No. 1 administrative costs, and pay €or
capital facilities. FIRST! Reduce this amount by th
collected from Special Development Tax - One Time levied
residential properties. SECOND: The remaining funds nec
to be collected by the levy of the annual Special
Undeveloped Property on undeveloped taxable residential t
in the proportional amounts for each property cate
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary $0 make payment on bond debt
replenish reserve, call bonds, pay bonds and Community
lies District No. 1 administrative costs, and pay for cu
future public capital facilities. FIRST: Reduce this a
the funds collected from Special Development Tax - One
annual Special Tax - Developed Property levied against
cial and industrial properties. SECOND: Levy thc
Special Tax - Undeveloped Property on undeveloped taxable
cial and industrial acreage in the proportional amounts
property category as required, not to exceed the maximum
**X
I,
"_ 6
1
2
3
--
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 e rl)
RESOLUTION NO. 91-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO
INCUR A BONDED INDEBTEDNESS AND SUBMITTING A
PROPOSITION TO THE QUALIFIED VOTERS OF A
COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CAR1
CALIFORNIA, (hereinafter referred to as the "legislative b
the local Agency"), has previously declared its intentic
held and conducted a public hearing relating to the issua
bonds to be secured by special taxes to pay for certain
capital facilities in a community facilities district, as
rized pursuant to the terms and provisions of the "Me11
Community Facilities Act of 1982", being Chapter 2.5, P
Division 2, Title 5 of the Government Code of the St,
California, said Community Facilities District shall herei
be referred to a8 COMMUNITY FACILITIES DISTRICT NO. 1 (1;
after referred to as the "District")j and,
WHEREAS, at this time this legislative body is desir
proceed to make the necessary findings to incur the
indebtedness, to declare the purpose for said debt,
authorize the submittal of a combined proposition to the
of said District, being the landowners of the proposed Di!
all as authorized and required by law; and,
WHEREAS, a special election is to be held in the C
Carlsbad, California, (hereinafter referred to as the
Agency"), at which time there will be submitted to the qu,
electors of said District certain propositions relating
authorization to levy a special tax and the incurrinl
I,1I
;-
1 -_ 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e m
bonded indebtedness in order to pay for certain capital
ties to serve the District,' pursuant to the provisions
"Melio-Roos Community Faciliti.es Act of 1982*', as ref
above.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all ti
correct.
NECESSITY FOR BOND ISSUE
SECTION 2. That this legislative body hereby e,
declares and states that it is necessary to incur a
indebtedness as authorized under the term5 and prOVlSiOn1
"Mello-Roos Community Facilities Act of 1982", in c
finance the below described public capital facilities.
PURPOSE OF BOND ISSUE
SECTION 3. That the purpose €or the proposec
indebtedness and facilities proposed to be financed thr
issuance of said bonds, is generally described as follows
I. Public facilities generally desc
a new library facility, a major addition to an existing
building, a City Hall complex, and the addition of of
warehouse facilities at the public safety center.
11. Park improvements generally desi5
the MACARIO CANYON PARK.
111. Major street improvements in pox
the following designated public streets: FARADAY AVENU
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE
LEUCADIA BOULEVARD.
4 *I , ,,I
I..
1
2 --
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19.
20
21
22
23
24
25
26
27
28
0 0
IV. Major bridge and overpass faci
generally described as the LA COSTA INTERCHANGE, POINSETTI1
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
BOUNDARIES OF DISTRICT
SECTION 4. That the whole of the District will pay f
above-referenced bonded indebtedness. A general descript
the District is as follows:
All property within the boundaries of Cob
FACILITIES DISTRICT NO. 1, as shown on a map as prei
approved by this legislative body, said map designated
name of this Community Facilities District, a copy of wk
on file in the office of the City Clerk.
BOND AMOUNT
SECTION 5. That the amount of the proposed
indebtedness, including the cost of the facilities, t
with all incidental expenses, contingencies and financint
is generally estimated to be:
$130f000f000.00
Said costs are represented in current
and are subject to escalation to provide €or increa
future phases of construction.
BOND TERMS
SECTION 6. That it is hereby further determined thz
shall be issued and the maximum term of bonds and/or ani
shall not exceed forty (40) years, and said bonds may bt
in differing series, at differing times. The maximum
interest to be paid on said bonds shall not exceed the
4
L '>
m^
L 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
t e 0
of either twelve percent (12%) per annum or the maximur
permitted by law at the timg of sale of any of said bonds
interest on said bonds shall be payable semi-annually, a
principal on said bonds shall be paid annually, wi+
payments being made to the registered owner of said bor
authorized by law. The bonds, except where other funds ai
available, shall be paid exclusively from the annual levy
special tax, and are not secured by any other taxing pi
funds of the Community Facilities District or the City.
ELECTION
SECTION 7. The proposition related to the incurring
bonded indebtedness shall be consolidated with the proE
relating to the levy of the special tax, shall be combir
one ballot proposition, and shall be submitted to the qi
voters at a special election to be held on the 7TH DAY
1991, and said election shall be a special mailed
election to be conducted by the City Clerk (hereinafter
to as "Election Official"). If the combined proposition
levy of the special tax and the incurring of the bonded i
ness receive the approval of more than two-thirds (2/3
votes cast on the proposition, bonds may be authorized
and sold for the purposes set forth herein and the spc
may be levied as provided for in the Resolution of Formal
BALLOT
SECTION 8. That the ballot proposal to be submitti
qualified voters at the election shall generally be as f
I ,,I
*-
I
L 1
2
3
-_
4
5
6
7
8
9
1o
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
PRO&'OSITION A
Shall the City of Carlsbad, Community
Facilities District No. 1, County of
San Diego, 1) incur a bonded indebtedness
in an amount estimated to be $130,000,000,
installation of public facilities generally
described as a new library facility, a major
City-Hall complex, and the addition of office I YES I
and warehouse facilities at the public safety I 1
Macario Canyon Park, major street improvements [ NO I
in portions of Faraday Avenue, Cannon Road, La I 1
Costa Avenue, Olivenhain Road/Rancho Santa Fe
Road and Leucadia Boulevard, and major bridge
and overpass facilities described as the La
Costa Interchange, Poinsettia Lane Interchange
and Palomar Airport Road Interchange, 2) levy
special taxes to pay for said facilities and/or
to pay for any authorized and issued bond
indebtedness, and 3) establish an Article XIIIB
appropriations limit equal to the maximum autho-
rized special taxes which may be levied in any
fiscal year?
subject to inflation, to finance the
addition to an existing library building, a I I
center, and park improvements designated as the I I
The rate and method of apportionment of the special ta
generally be as follows:
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Communit
lities District shall be subject to ANNUAL SPECIAL T
applicable, based upon the property categories, maxi)
rates, increases and status of the issuance of building E
all as hereinafter set forth. Improvement Area I refers
properties within the boundaries of the City of Carlsbac
and Thoroughfare District. Improvement Area I1 is
remaining properties within the Community Facilities D.
not within the Bridge & Thoroughfare District.
RESIDEhTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a buildins
shall be subject to the following maximum annual specia
subject to increases as set forth herein:
I ,>I
*-
I
1
2 **
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE
PER DEVELOPABLE ACRE FOR FISCAL YEAR iggo/iggi
IMPROVEMENT IMPROVEMENT
AREA I1 PROPERTY CATEGORY AREA I
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1 , 294.00 1 , 217.00
Residential Medium to High 1,984.00 1,868.00
Residential High 2,793.00 2 , 739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential p
ties shall be subject to the following described SPECIAL DE
MENT TAX - ONE TIME, also subject to increases as set
herein, as follows:
MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 4,452.00 $ 3,835.00
Residential Low to Medium 4,452.00 3,835.00
Residential Medium 2 , 810.00 2 , 312 .OO
Residential Medium to High 2 , 810.00 2,312.00
Residential High 2,810.00 2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior t
issuance of a building permit shall be subject to the €01
maximum annual special taxes, also subject to increases i
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1 ,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance
building permit, shall have the option to (1) pay the SI
((18
*- -c -- 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
DEVELOPMENT TAX - ONE TIME! or (2) assume the ANNUAL SPEC1
(25) years, generally in the amounts per property categc
- DEVELOPED PROPERTY for a period of not to exceed twent
fOllOW8:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR F
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMEN
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Fast Food $ 28.46 $ 7.58
Outdoor Tennis Courts 28.14 7.26
Convenience Market 27.31 6.74
Bank with Drive-thru 18.06 5.72
Campground 17.51 4.99
Restaurant - Sit Down 15.17 4.73
Marina 14.85 4.41
Bank - Walk In 12.83 4.60
Auto - Gasoline 8.11 2.89
Grocery Store 7.78 2.56
S & L with Drive-thru 7.59 3.48
Bowling Center 6.63 2.83
Neighborhood Shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52
S & L - Walk In 5.51 3.03
Race Track 5.10 2.33
Library 4.26 2.86
Community Shopping Center 4.24 1.80
Hospital - General 3.88 3.18
Hotel - Conv. Fac/Comm. 3.47 2.52
Auto - Repair & Sales 3.41 1.58
Regional shopping Center 3.35 1.61
Golf course 3.06 2.14
Church 2.99 1.94
Office - Government 2.93 1.88
Commercial Shops 2.90 1.58
Health Club 2.89 1.85
Motel 2.69 2.06
Office - High Rise 2.67 1.84
Office - Commercial, 100,000' SF 2.56 1.75
Lumber/Hardware Store 2.47 1.58
Office - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23
Indoor Sports Arena 2.33 2.23
Resort Hotel 2.30 1.98
Restaurant - Quality 6.57 3.09
Discount Store 3.22 1.58
University 2.26 1.91
Junior College 2.19 1.90
All other Commercial Properties 2.14 1.44
not indentified above
L
8 ,Dl
c 1
*.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Q 0
IMPROVEMENT IMPROVEMEN?
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 $ 3.61
Park 2.14 1.51
Industrial-Commercial Businees
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" fo
Fiscal Year shall not exceed 13.81% of the authorized "Mz
Special Development Tax - One Time" for the various Commc
and Industrial Property categories as set forth above i
amount applicable and annually adjusted for each Fiscal Yea1
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are aF
able for the fiscal year 1990/91, and are all subject to a
increases to reflect increases in construction costs.
Construction Cost Index of the Engineering News-Record, t
"ENR Cost Indexes in 22 Cities" will be used. The
published for the month of April for the City of Los An
under the column heading of "Percentage Change from Last
will annually inflate each of the Maximum Annual Taxes for year for properties as follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of th
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 10
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been
charged and facilities funded and/or guaranteed, and the SP
DEVELOPMENT TAX - ONE TIME.has been paid; however, the A
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied :
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential pro
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid,
property no longer will be subject to any annual special tax
, o*
A-
-" 1
2 42
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
Commercial & Industrial: *
The Commercial and Industrial properties, upon the issuance
building permit, have the option to (1) pay the SPECIAL DE'
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL
DEVELOPED PROPERTY, as set forth above. Upon the issuar
any building permit, no further increase or escalati
authorized.
ALLOCATION OF COST AND TAX
Total capital costa for all authorized facilities sha
allocated as follows: 65% to Residential property, 3
Commercial & Industrial property. The above coats exclude
of issuance as needed.
Residential property shall be taxed in an amount sufficie
meet the 65% share of facilities, which tax will include
of issuance, interest and other costs, including sinking
payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an i
sufficient to meet the 35% share of facilities, which tax
include costs of issuance, interest and other costs, incl
sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt sex
replenish reserve, call bonds, pay bonds and Community F;
ties District No. 1 administrative costs, and pay for x
capital facilities. FIRST: Reduce this amount by the
collected from Special Development Tax - One Time levied ag
residential properties. SECOND: The remaining funds neede
to be collected by the levy of the annual Special 1
Undeveloped Property on undeveloped taxable residential acr
in the proportional a ounts for each property catego
required, not to exceed t e maximum authorized tax.
Commercial and Industrial:
Determine monies necessa y $0 make payment on bond debt ser
replenish reserve, call bonds, pay bonds and Community Fa
lies District No. 1 admi istrative costs, and pay for curre
SECOND: Levy the a
the funds collected from Special Development Tax - One Tim
annual Special Tax - De eloped Property levied against co
cial and industrial properties.
Special Tax - Undeveloped Property on undeveloped taxable co
cial and industrial acre ge in the proportional amounts for
property category as requ'red., not to exceed the maximum tax
mh
future public capital fa i ilities. FIRST: Reduce this amou
*x* I
,*I8
.x
b 1
*- 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
VOTE
SECTION 9. That the appropriate mark placed in the 7
square after the word "YES" shall be counted in favor c
adoption of the proposition, and the appropriate mark plac
the voting square after the word "NO" in the manner as i
rized, shall be counted against the adoption of
proposition.
ARGUMENTS
SECTION 10. Arguments may be filed for and/or agains
ballot measure, and the Election Official shall select o
the arguments in favor and one of the arguments agains
measure for printing and distribution. The Election off
shall give preference and priority in the following sequencE
A. The legislative body or any member tt
as authorized;
B. Individual property owners or bona
association of property owners or combinations of prc
owners and associations who are the bona fide sponsors or p
nents of the measure;
C. Bona fide associations of property own
D. IndFvFdual property owners whc
eligible to vote on the measure.
DEADLINE FOR FILING ARGUMENTS
SECTION 11. That notice is hereby given that wr
arguments, not to exceed three hundred (300) words in le
for or against the measure, shall be filed not later than
P.M. on February 19, 1991, at the Office of the Ele
Official.
4 1 .h%
._
1
2
-- *L.
”
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
23
22
23
24
25
26
27
28
e e
That any argument submitted for or againr
measure shall be accompanied by a statement set forth in Sc
5350 of the Elections code, signed and completed by the i
of such argument.
REBUTTAL ARGUMENTS
.SECTION 12. That if any person submits an argument a$
the combined ballot proposition as set forth herein, a
argument has been filed in favor of the combined propos:
the Election Official shall then immediately send a copy of
argument to the person filing the argument in favor of
combined ballot proposition. The person filing the argumc
favor of the combined ballot proposition may prepare and s
a rebuttal argument not to exceed two hundred fifty (250) c
The Election Official shall then send copies of the argume
favor of the ballot proposition, who then may prepare and s
a rebuttal argument to the argument in favor of the con
ballot proposition, such rebuttal argument not exceec
hundred fifty (250) words. The rebuttal argument shall be
with the Election Official not more than ten (10) days afte
final date for filing the direct argument. Rebuttal argt
shall be printed in the same manner as direct arguments and
rebuttal argument shall immediately follow the direct arc,
which it seeks to rebut.
This right of rebuttal, as provided by
Resolution, is applicable only to the ballot proposition r
ing to this Community Facilities District, and shall not
to any future District elections.
* ,dl
. *"
1
2
3
-I *w
*.r
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 I e
IMPARTIAL ANALYSIS
SECTION 14. That City Attorney is hereby direct
prepare an impartial analysis on the combined ballot propo
and file it with the Election Official. Such analysis
show the effect of the proposition on the existing law ar
geneha1 operation of the proposed ballot proposition.
ELECTION PROCEDURE
SECTION 15. The Election Official is hereby authoriz
take any and all steps necessary for the holding of said
t ion. Said Election Official shall perform and rende
services and proceedings incidental to and connected wit
conduct of said election, and said services shall include
not be limited to the following activities as are appropri;
the subject election:
A. Prepare and furnish to the ele
officers necessary election supplies for the conduct o
election.
B. Cause to be printed the requisite n
of official ballots, talley sheets and other necessary forms
C. Furnish and address to mail off.
ballots to the qualified electors of the Community Facil
District.
D. Cause the official ballots to be m
and/or delivered, as required by law.
E. Receive the returns of the electior
supplies.
F. Sort and assemble the election mat
and supplies in preparation for the canvassing of the return
+ ' "*de
* & ' YV 'k. 1
2
3
4
..
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a e
G. Canvass the returns of the election.
H. Furnish a tabulation of the numb
votes given in the election.
I* Make all arrangements and tak
necessary steps to pay all costs of the election incurr
result of services performed by the District and pay cost
expenses of all election officials.
J. Conduct and handle all other ma
relating to the proceedings and conduct of the election i
manner and form as required by law.
NOTICE
SECTION 17. That the City Clerk is hereby order1
certify to the passage o€ this Resolution and shall cause
Resolution to be published once a week for two successive
in the CARLSBAD JOURNAL. This Resolution shall constitut
notice of the special bond election and authorization to 1
special tax.
PASSED, APPROVED AND ADOPTED by the City Council ol
S ecial City of Carlsbad at its/& a4.er- meeting held on the 29th
Of January , 1991, by the following vote, to wi
AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nygaar
NOES: None
ABSENT: None
ATTEST: (l?AtzLdpR- ALETHA L. RAUTENKRANZ, Citb Clerk
(SEAL )
u' I e *
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIRJWENTS
COMMUNITY FACILITIES DISTRICT NO. 1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly appo
qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as
accomplished the notice requirements in connection with the referenced Com
Facilities District, as noted:
PUBLICATION
(CARLSBAD JOURNAL)
The NOTICE OF PUBLIC HEARING ON INTENTION TO ESTABLISH COMMUNITY FACILITIES DI
AND AUTHORIZE SPECIAL TAX was published one time on the &* day of
A99-U; said publication being accomplished at least seven (7) days pr
set for the public hearing.
The NOTICE OF PUBLIC HEARING ON INTENTION TO INCUR BONDED INDEBTEDNESS was puk
one time on the $6 day of , m, said publication
accomplished at least seven (7) da the date set for the public hearl
MA1 LING
The NOTICE OF PUBLIC HEARING was mailed, postage prepaid, to all persons ownir
property within the boundaries of the Community Facilities District, as their
appear on the last equalized Assessment Roll, said mailing being accomplished , m, being at least fifteen (15) days pi
the date set fog the publ#<!. /ff.. 7a *day of -
ez
RECORDING
A copy of the proposed BOUNDARY MAP was filed in the Office of the County R
within fifteen (15) days after the adoption of the esolution Setting Hearin
filing being accomplished on the /Ya day of 6 , 1990.
4: > * e
POSTING
A copy of the AGENDA for the meeting of December 11, 1990, setting forth a g
description of the proposed actions to be taken and the time and place (
meeting, was posted in a location freely accessible to the general public at
72 hours before the time set for said meeting; said posting being accomplis
the vT4 day of beece-be.p , 1990.
EXECUTED this jqfh day of Q-M~,uJ , 1990, at Carlsbad, California.
LL.L&v- d. R-
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
<
December 28, 1990
Gorman & Waltner
Attorneys at Law
1736 Franklin St., Eighth Floor
Oakland, CA 94612
Re: NOTICE OF PUBLIC HEARING - COMMUNITY FACILITIES DISTRICT
There will be a public hearing before the Carlsbad City Council at
the meeting of January 29, 1991 concerning the formation of a
Community Facilities District, levy of a special tax and issuance of
bonds.
The data required by Section 54992 of the Government Code is availab
in the City of Carlsbad Finance Department.
Elliott, Finance Director, with any questions regarding this matter.
The City Council Meeting will begin at 6:OO P.M.
You may contact James
&* Assistant Ci Clerk
Enc. (Copy of legal notice)
._--_--- ~ .. -. - -. . - .- 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-5
e 7 e AVIARA RE@T ASSOC.
d 4s I c/o Hillman Properties West, Inc.
450 Newport Center Dr., Ste. 304
** Newport Beach, CA 92660-7640
I I
I ,
I
BATIQUITOS POINTE
c/o Sammis Properties
2650 Camino Del Rio North, Ste. 100
San Diego, CA 92108
~ CARLSBAD AIRPORT CENTER
2111 Palomar Airport Rd. Ste. 300
Carlsbad, CA 92009
f KAISER DEVELOPMENT
P.O. Box 308
Carlsbad, CA 92008 ,14
(& &" Li4z&L& ad- ,9 *d% -
Lc?U~&J
I Y e
t 3.
A-M HOMES
7 UPPER NEWPORT PLAZA
NENPORT BEACH. CA 92660
--. TIL3flDA. RtlAREN b 12 1 I?!lPiRNY UF? I VE
!LAN !jIEGCI. CA 921 '0
EGL@ GEORGE PC MUI 651 . -i CAMIb!O REAL
CARi-2sBAD CA 92008
I
1
1 :.
e BRX!-':MRN : J 0kiN ?i AL I CE
15,45 WIl-SHIRE BLVD, STt 700
'- I , " L.C?S.' hNEELES. CA 900 17
-.>
:E' !
. I- %
;
BARBER, RClSS 8, MABEL L TRS ;
CARLSBRD. ca 9200~1
BRAE WOOD DEVELOPtIENT
C/O GEORGE MC ELROY & k
PO BOX 565048
DALLAS, TX 75356
5392 EL cAriIm HEAL
:
I
-i . ...
..
ERAMALEA CALI FORN I A, I I
4330 LA SCILLA VILLAGE j
SAN DIEGO, CA 92122
RA-r I Q~J I .res BLUFF
C/O SAPIMIS PROPER'T IES
2650 CAMINO DEL RIO NORTH, STE
5QbI DIEGO, LA 92108
BREN DONALD L CO
23161 MILL- CREEK f-IOAL).
LAGUNA HILLS, CR 92653
BCE DEVELOPMENT CORP
VANCOUVER, BC V6C2W7
999 S HAST I NGS ST
BR I GI-ITON CUFiLSBAU ASS[
505 N TUSTIN AVE if250
SANTA ANA, CA 92075
BCS PIICIGRAII L-2
1303 hVOCAD0 ST
NEWPCIRT F I hJ&!VC I AL CENTER
NEWPORT BEACH, CA 92660
ERY f3hI.r , F RANK
CARLSBAD, CA 92008
BECKMAN INSTRUMENTS
FULLERTON CA 92634
2500 I-IAHROR BLVD PO BOX 1216
BUERGER, WILL I AM ?< A\ 8 I RTCHEI-I BUS I NESS CENTER 121 7-0WNWOOD WAY
ENC I [\I I TAS CA 92024 27611 LA PAZ ROnD
LAGLIJVA N I GlJEL , CA 92677
CI\L I F--UF?I\I I fi C:OllP!iJN I T I E BL-ONSK I , TI-iEOL)ORE & MI R I AM - 1 20 1 9 CAM I P! I TO CAMPANA 2. I -rEr?i+m.m\{ DT! tf2cic
5RN DIEGD, CA 9'2120 T RV I NE , [:I? 927 18
CARLSBAD, C4 92008
CARLSBAD 54 PARTNER
17612 BIRCH TREE LN
IRVINE, LA 92715
CARLSBAD DEVELOPMENT CO
C/O BUIE CORP
163536 RERNARDO CENTER DR. srE:
SAN DIEGO, CA 92128
CARL SBAU HE I GI-ITS ASSOC
445'9 FIUFFIN RD, STE 30CI
I- RANCHO SANTA FE, CA (
ALSOP, ANNE TR
2555 FA I RGROLINDS DR I'
VALLEJO, Cfi 94589
ALTAMIRA UNIT NO 4
C/O PACKORD b LOOMIS
5670 EL CAM'INO REAL,
CARLSBAlj, CA 920'38
ALVARADO . ADEL I NI\ L
I 200 OLIVE HVE SP 2
~ ‘ C’TT 11 I Cii: I E, CHARLES PC @RG I NA &R&/?kflCkCWFEMORE
PD BOX 424 .I~.~CI E BROADWAY
RAp>.!CHO SANTfi FE, CA ’ ’ ,’ LONG BEACH, CA 90~3
,,
..
COMMlJN 1.1 Y HANK CCIRP
3233 SAN FERNANDO R
LO5 ANGELES , Cr? 9Oi‘
I)UNAIiCIE , R I Ct-IARD ET AL C/O l”l KERSOL; 4964 DAVID WAY
SON EERNARDIND 4 CA 72409
CRIVELLO FAMILY TRI.
C/O SIJN PACIFIC EN?
PD BOX 6189
SAN DIEGTJ? CA (i21(
ECKE, PAUL SR
PO BOX 607
mcIr\iI-rAs, CA 92024
DAN I ELS CABLEV IS I OP
DENVER, CO BO209
EDWARDS. MRRJORIE R 71 -\LOO CHEF?RY CREEK E PO nnx 190s
RANCHO SANTA FE, CA 92067
DAVIDSON/COSCAN PA1
12520 HIGH EIL-CIFF Dl
SAN DIEGO, CA 9213
ENGLER , WILL I RM E. I
NIL.AND. CA 92257
STAR RTE 1 Box 30
1 I 1 I \ DE JONG 1 NVESl MEr\ll
C/O MI--{ I TE&BR I [?t IT E X T CN VENl~UtiES I NC ,.
2655 I:I4!IIINfl DFI.. R 1 I) N . STE 302
SnN 1)IE:GU. CA C7’21C)D 22‘5 E TIiIFII) AVE 511
ESCOND I DO, CA 9202:
\
DELORM. ROBERT
2421 DUh!STfiN ST
OCEANSIDE, CA 9205
FERIIAN I AN, G .
C/D SO CAL DEV
DEL- MAR, CR 92014
41 5 CAM1 1\10 DEL. MAR, STE 200
DEVLIN. I..ESLIE L 2524 p,.IcjRTt+ E ?>TREE FER[\IA[\iDE.Z, VICTORIA
CARDIFF, CA 92007 PO nox 395 7. r.. 3Sr.J SERNAPD I NU , CF
-LDSTONE/LA COSTA
1 i-II LLKBRECHT CO P 0 THE FIELDSTONE
14 CORPORATE PLAZA
I.IEWPORT EEACH, CA 9
! '1
2170 SKYLINE DR
ESCOPID I DO, CA 92027
'%
FIG ttOLDING CO
C/O REAL ESTATE DEP
4680 WILSHIRE BLVD
LDS ANGELES, CR 90C
IIUI\lT, W 1-1
C/D HUNT ENERGY CORP
1601 ELM STREET
DRLLRS, TX 75201
I
FISHER, JOHN & CAR)
6630 SUNSET CIRCLE
R I VERS I DE, CA 9250:
I
HUN r I NGTOhI BEACH CO
C/O CHEVRON USA INC
PO BOX 7611
5AN FRANCISCO, CA 94120 I
I
1 I
IVAR NV CORP GREAT WESTERN snvIr
C/O REO UEPT
NORTHRIDGE. CA 913:
3104 FIFTH AVE
SAh! DIEGO, CA 721(.)3 PO BOX 1010
I
I
KAISER, GILBERT E: MARY HADLEY. PAUL- 8, PEG(
1615 CALLE DE CINO ST
t A ,JCILLA. Cn 92037
4743 W tlOFFER SI
BANNING (-0 9222?C)
I
HEAD WILLIAM E KRTO, 1-1IROSHI PI IDA 3750 SUNNY CREEK ROAD C/O RAMON I: ASEDU
CARLSBAD,CA 92008 PO BOX 207
OCEANSIDE. CA 9205
KCL -CRL HERR I CK HOLD I NG Ll
2775 VIA DE LA VAL C/O KRUFMAN pi EROr?D DEL MAR, CA 92014 12520 t\ICH BLUFF DR. SlE 120
SAN DIEGO, CA 32130
k ELLY, ALLAN 0 R KcATtiEYINE M HI GDUPJ. RORBAPA
F(-l B3X In65
CORLSRAD, CR ?2008
2fi4Ei A STPEFT
- : i)IE'I-,u, EL\ 921 (-
i’ - CArlkbad, CA 92008
1‘
-’I MCX Complex
Camp Pendleton, CA 92055
st
KELLY, RICHARD ET AL
c/o Robert P. Kelly
r
2770 Sunny Creek Road
MCROSKEY, JOHN 6212 Corte Del Abeto
Carlsbad, CA 92009
K@ RICHARD C 5, fL CAMINO REAL ~ii ON / co P L E Y c n R L s B AD @SO c
i I/* C+~PL~,E~,D, CA 92(308 $490 VON KORMAN
' bIEWPORT EEACH. CA 92660
4
I:
KELLY, W. ALLAN & MA
21990 AVE 168
PORTERVILLE, CA 9325
t MRG PROPER T I ES
7602 EL CAMINO REAL #209 2
CARLSEAD, CA 92008 7
CAFILSBAD, CR 32009 i
f'
KIRGIS, HOWARD & IDA
SAN JOSE, CA 95135
MAhlDANA CAL CO CORP
IRVINE, LA 92715
10552 MAC ARTHUR BLUD. STE 341 8332 P I NOTAGE COURT
LA COSTA ESTANCIA
C/O CUNI\!I~IGtiAII-B~RIC
340 S FLOWER STREET
ORANGE, CA 92638
MC CABE, JEFFREV S
267 LAS VETn RVE
ENC I I\] I TAS ? CA 92024
LR COSTA FUNDIbIti
C/O VISTAR FINANCIAL 4335 HUERF-ANU RUE
SAN DIEGO CR 92117 i 3456 WASHI RIGTON F3L( MARINA DEL REY, CA c
MCK IN~\I~Y. t?owu-rj e EVELYN
I
I LfiME?. JOHN M MCREYNOLDS, ANDREW 747 N LA CIENEGA BL\
I n LiOLLn, CA c?20;7 LOS ANGELES, CR 90VC 2316 cnLLE ctiIwI rA
LUSK, JOHN & SON COI
17550 GILLETTF AVE
IRVINE, CA 92664
MENDIVIL. MARIA ET AL
4748 VAI-LE VERDE CT
LA VERNE, CR 91750 I I I
1
I
I
LY ON COMMUNI T I ES I Nl Il I Soh! EST RNC I4 PRRTbIERSI-1 I P __ a:<(:) L4 JOLLA VILL AI C '13 r1[ii..- L~'*~L~~':!ES!T r0Qp
4699 J fiVBOREE SAV DIEG-TJ. CA 92172
!')F-l"4f'C]"T T:;-pi !', CI' 92hL3
l
Y & NAN1 RlLLSEURY, MARTHA 0 I '?@FPiP 311- PR OR ST
I .*
j' I -! SAi..jTA Rii.lA, CA 92704 4429 OHIO STREET
SAN DIEGO. CA 92216 .\.
I '. i
I ci .\ ,. , 1 ,,
, ,. I ;
" I ' "
MOORE, GlJY S. JR.
6503 EL CnMINO REhL
CARLSBAD CA 92009
POI I;lSETT I A ASSOC
L/O HOLMS ?3 REYNOLDS
2398 SAN DIEGO AVE
SHN DIEGO, CA 92110
1
I
I
MURPHY, HOWARD TRUST
400 N LA COS'TO
CARLSBAD, CA 92008
'. i PORTER, MhRVIN & MARGRET I
PO BOX 73030 I
i "
SAN YSIDRO, CA 92073
I I I
NELSON, GREGORY PC BF
CARLSEAD CA 92008
PROPERTY MORTGAGE CO
C/O BALBOA CAPITAL CORP
14724 VENT'URA BLVD
SHERMAN OAKS, CA 91403
3437 1-1 I cwLn[\iri DR I VE
I
I NORTtlWES TERN PAC1 F IC
610 S MAIN STREET
., LOS ANGELES, CA 5'001
RDC DEVCO I1 LTD PARTNERSHIP
C/O REPUBILIC DEVELOPMENT CO
ANRHEIM. CA 92808
ioo hi. RIVERIEW DR, s-rE 130
0 C: E f2 I\l El L IJ F F P {> R T NE R !
23Hh FAFiADAY RVE STE
CARLSBAD CR 92008
RICE ENTERPRISES
PD BOX 4782
SAN CLEMENTE, Cfi 92572
ODMARK 1HEL.AN DAV I D!
C/O JOHN THELAN
3200 FOIJRTH RVE #10
SAN DIEGO, CA 92103
ROBERTSON. BRIAN K
4656 EL CAMINO REAL
CARLSBAD, CA 9'2098
PAREVIEW WEST PARTN
2424 VISTA WAY #204 !;ilifEg+pJS I TjE . CA 92054
ROBERTSON ~ ?I I RE I N I A K
465& EL CRMINO REAL
CARL.SBAD, CO 72008
d!bC Wr I L RPNRLD 30 I WAY L. #70 !
<I
i .YEA BLUFF nssuc I ATE@
~JTA rioi\iIr,A CA 904c 276 hi EL CAMINO REAL 'x .b ,OCEANS I DE, CA 92054
I I I> I
RUDVAL IS, JOSEPH A.
PO BOX 267
ENCINITAS CA 92024
I I I i
SERPOI h11 E PRUFESS I UN
1667 S MISSION RD, STE C
FALLBROOY, CA 92028
SAMMIS CARLSBAD ASS[
17922 FITCH AVE
IRVINE, CA 92714
SHELLEY, DANIEL T
169 l?AI\lCt-IO SANTA FE RD
ENCI N Il'AS, CA 92024 I
SRMM I5 PHOPERT I ES
2650 COMINO DEL RIO
SAN DIEGO, CA 92108
SI.IERMAN. JUSEPL-I
SON tiABHIEL, CA 91778
P o Bax 2529
I
I I
I
I
SANDL I N, DORO rtw
LOS ANGFI-ES, cn 900
1103 BEL AIR PLACE SIPPCI- IlfiHVIN ET C)L
POt? I E RV I LLE , LA 33257
80b kJtlSlF J ELD RUE
SARYRR I A, DALJ IT
PO UOX 5986 suwirmi, IYQRRK I-
i~ss PncIrIc srRr:ET REDLPNDS. CA 72373 ORANGE CA 92667
SCt-I I NDLER , THURL0
648 MARSOLAN AVE
SOLANA BEACH CA 920
SlEINDORF, ALBERT 0 P. SONDRA G
1410 VnLLEDA LANE
ENC I PI I ThS , CP 9'.(J2a
SCHREIBER, DALE
7103 ARGONAUTA WAY SIIGINO, MASAD4 8i IKUK :!,sr, 5 DEL PILI5 HIEt-iLJAY ESCONDIDO CA 92025 CF,RLSBAD, CA 92C)OO
Tt+YIMPSDN, DAVID & KAe
PO, BOX 1487
T PLANNING CO 864 su+ FZRE5TOhIE BLVD
am tsAAFi’iNk BEE‘
CGIPLCEAD, CA 92008
I- i PRItE CO.’ 0
. r??.Q..Box 85466 .San, Diego, CA 92138
I
I I I
WI MPEV GEORGE I NC
PO BOX 33608
SAN DIEGO. CA 92107
PURITAN-BENNETT CORP i
I 2310 Camino Vida Roble
Carlsbad, CA 92009 i
WOOD. JAMES F & LIN
736 AVOCADO STREET
DEL PlAR, CA 92014
I I THOMPSON, DAVID B.
P.O. Box 1487
Carlsbad, CA 92008
I 1
UPLAND INDUSTRIES
P.O. Box 2500
WRISLEY, RALPH e/ HC
PO BOX 202B c/o Union Pacific Realty Co. I
Broomfield, CO 80020 j CARLSEOD, CA 92008
YAMAMOTO, YUJIRO 8i
1201 vIn LR JOLLR
SAN CILEPlENTF CA 926
I
HAVE PRINTED 135 I
c e e
,,aurel Tree Investments Co Mercotal Inc Premier Busines
c/o Spiers Ent 7167 Construction Court c/o Howard Ham1
17941 Mitchell Street San Diego CA 9121 2010 Main Stree
Irvine, CA 92714 Irvine CA 92715
MorgadPalomar Industry Lyon/Copley Car Madison Square Development I1
4223 Ponderosa Avenue #A 800 W First Street 4490 Von Karmar
San Diego CA 92123 Los Angeles CA 90012 Newport Beach,
r
Madison Square Development I11 MTK Corp of America Mag Properties 4223 Ponderosa Avenue #A 17771 Mitchell North 7682 El Camino San Diego CA 92123 Irvine CA 92714 Carlsbad CA 92(
Marine Corps West Palomar Airview Association
c/o Mr. L.L. De Carlo c/o Caliber Dev Inc
MCX Complex 701 Palomar Airport Road
Camp Pendleton, CA 92055 Carlsbad CA 92008
John McRoskey Palomar Investment Mandana Cal Co
6212 Corte Del Abeto 3151 Airway Avenue Bldg G-3 18552 MacArthu
Carlsbad CA 92009 Costa Mesa CA 92626 Ste 341
Irvine CA 9271
, . 0 e
Jeffrey S. McCabe John M. Lamb Brian K. Robert
Encinitas CA 92024 Los Angeles CA 90069 Carlsbad CA 920
267 Las Veta Avenue 947 N La Cienega Blvd Ste H 4656 El Camino
Ronald and Evelyn McKinney John Lusk and Son Corp Virginia K. Rob
4355 Huerfano Avenue 17550 Gillette Ave 4656 El Camino
San Diego CA 92117 Irvine Ca 92664 Carlsbad CA 920
Andrew McReynolds Lyon Communities Inc Roy and Nancy M
2316 Calle Chiquita 1120 S Figueroa
La Jolla CA 92037 Suite 13 Santa Ana CA 92
4330 La Jolla Village Drive
San Diego CA 92122
Maria Mendivil et a1 Martha Pillsbury Guy S. Moore Jr
4748 Valle Verde Ct 4429 Ohio Street 6503 El Camino
La Verne Ca 91750 Carlsbad CA 92( San Diego CA 92216
Mison Estancia Partnershi4 Poinsettia Assoc Howard Murphy :
c/o Mola Development Corp 400 N La Costa
4699 Jamboree 2398 S an Diego Avenue Carlsbad CA 92(
Newport Beach CA 92660 San Diego CA 92110
c/o Holms and Reynolds
Gregory and Bai
3437 Highland I
Carlsbad CA 92(
Richard C Kelly
5200 El Camino Real PO Box 73030
Carlsbad CA 92008 San Ysidro CA 92073
Marvin and Margaret Porter
Northwestern P: 610 S Main Strc Los Angeles CA
W Allan and Marie Kelly et a1
21990 Ave 168 c/o Balboa Capital Corp
Porterville CA 93257 14724 Ventura Blvd
Property Mortgage Co
Sherman Oaks CA 91403
Ocean Bluff Pa
2386 Faraday A
Carlsbad CA 92
Howard and Ida Kirgis RDC DEVCO I1 LTD Partnership
c/o Republic Development Co 8332 Pinotage Court San Jose CA 95135 180 N Riverview Drive Ste 100
Suite 130
Anaheim CA 92808
La Costa Estancia Rice Enterprises
c/o Cunningham Baristic Dev Ccrp PO Box 4782
340 S. Flower Street San Clemente CA 92672
Orange CA 92638
Odmark Thelan
c/o John Thela
3200 Fourth Av
San Diego CA 9
La Costa Funding Parkview West
c/o Vistar Financial Inc
13456 Washington Blvd
Marina Del Rey CA 90292
2424 Vista Way
Oceanside CA 9
Sea Bluff Associates Marie L. Stanton
276 N LE1 Cadino Real e 1438 Pacific Street 0 Sammis Carlsb
2650 Cami
Ste 10
Sa / iego CA 9
Dorothy Sandli
1103 Bel Air P
Los Angeles CA
- Qceanside CA 92054 Redlands CA 92373
Seapointe Profession Albert and Sondra Steindorf
1667 S Mission Road 1410 Valleda Lane
Suite C Encinitas CA 92024
Fallbrook CA 92028
Dalj it Sarkari
PO Box 5986
Orange CA 9266
Daniel T Shelley
169 Rancho Santa Fe Road
Encinitas CA 92024 Escondido CA 92025
Masada and Ikuk Sugino
2050 S Del Dios Highway
Joseph Sherman Ronald L. Boesch PO Box 2529 2800 Neilson Way 1708
San Gabriel CA 91778 Santa Monica CA 90405
Marvin Sippel Et a1
806 Westfield Avenue PO Box 267
Porterville CA 93257 Encinitas CA 92024
Joseph A Rudvalis
Daniels Cablevis
c/o So Cal Dev 3200 Cherry Cree
Suite 500 915 Camino del Mar, Ste 200
Del Mar CA 92014 Denver Co 80209
Victoria Fernandez DavidsonfCoscan
PO Box 395 12520 High Blufl
Cardiff CA 92007 San Diego CA 92
Charles and Virginia Uickie
5350 ;2: Broaaway
Long Beach CA 90803
c-r Fermanian
Richard Donahue et a1
4964 David Way
San Bernardino CA 92404
Cobra - Blackmore DeJong Investme1
C70 Allen Blackmore c/o White & Brij 225 E Third Ave PO Box 424
Escondido CA 92( Rancho Santa Fe Ca 92067
Paul Ecke Sr
PO Box 607
Encinitas CA 92024
Marjorie R Edwards
PO Box 1905
Rancho Santa Fe CA 92067
William E Engler
Star Rte 1 Box 30
Niland CA 92257 3233 San Fernando Rd, Ste 3
Community Bank Corp
c/o M Kersog
Los Angeles CA 90065
Exten Ventures Inc Crivello Family Trust
2655 Camino del Rio N Ste 302 c/o Sun Pacific Ent
San Diego CA 92108 PO Box 6189
San Diego CA 92106
i 0 m
Union Oil Company of Ca Sunny Creek I1 - Tax Division c/o Russell W [
PO Box 7600 5850 Avenida E1
Los Angeles CA 90051 Carlsbad CA 921
Vista Santa Fe Akira and Joycq
c/o Broadmoor Pacific Inc 8201 Legion P1,
Ste 200
San Diego CA 92121
5405 Oberlin Drive Midway City CA
Thurlo Schindler Guy Ward Noboru Tabata
648 Marsolan Avenue 4525 Wilshire Blvd, 3rd Flr PO Box 943
Solana Beach CA 92075 Los Angeles CA 90010 Carlsbad CA 92
Dale Schreiber Evelyn Weidner Et A1 Noboru and Eve 7163 Argonauta Way PO Box 33 PO Box 943
Carlsbad CA 92009 Cardiff CA 92007 Carlsbad CA 92
David and Karen Thompson Mylas and Francine Weiss Patricia Tarta
PO Box 1487 412 S Bundy Dr 56 Monarch Bay
Carlsbad CA 92008 Los Angeles, CA 90049 South Laguna B
Harold Thompson Sunbelt Planning Co Charles J Ther
c/o Halco Inc 8641 Firestone Blvd 926 E Twelfth
145 E. Reno Ave E-7 Downey CA 90241 National City
La Vegas NV 89119
Treetops Unlimited Sunny Creek I Partnership Price Company
3900 Harney Street C/O James E Betz P.O. Box 8546E
San Diego CA 92110 5850 Avenida Encinas Ste A San Diego CA S
' Carlsbad CA 90241
~ '- ., ' \-\-.
'0
I IC
tI
. - -_ ._
Brightor;: Carlsbad Assoc 0 Carlsbad 54 Partner 0 Nazean and Jose
505 N Tustin Ave f250
Santa Ana CA 92075
17612 Birch Tree Ln PO Box 2308 Irvine CA 92715 Rancho Santa FE
Anne Alsop
2555 Fairgrounc
Vallejo CA 945E
Frank Bryant Carlsbad Development Co
PO Box 1216 c/o Buie Corp
Carlsbad CA 92008 16536 Bernard0 Center Dr
San Diego CA 92128
Altamira Unit I
c/o Packard & L
5670 El Camino
Carlsbad CA 92C
William and Ann Buerger
121 Townwood Way
Encinitas Ca 92024
Carlsbad Heights Assoc
4499 Ruffin Road Ste 300
San Diego CA 92123
Adelina L. Alva
200 Olive Avent Carlsbad Oaks East Ltd
c/o Tech Construction Corp
San Diego CA 92138
Vista CA 92083 PO Box 80036
Andrex Developn
c/o Victoria Fernandez 20101 Hamilton
Torrance CA 905
Cardiff CA 92007
California Communities Inc Carnation Properties
31 Technology Dr #200
Irvine Ca 92718 PO Box 395
Aviara Land Ass Eugene Chappee Tom Campbell et al.
c/o Hillman Prc c/o Richard Campbell 654 N Highway 101 2011 Palomar Ai Encinitas CA 92024 393 Ridgemont Court
Newbury Park, CA 91320 Carlsbad CA 92C
Aviara-5
c/o McKellar Cc
La Jolla CA 920
Wallace G Aitchison
6112 W 75th Place
Los Angeles CA 90045
Cantarini, Banning T et a1
PO Box 587
Carlsbad CA 92008 1250 Prospect C,
-. I 0 mc
I
j i' //!
p ..
i >I
CI
I i
T
I
b s/;. 77- .i
i
Ralph and Hope Wrisley
P.O. Box 2028 rT Carlsbad CA 92008
_--
21 /c 1 Puritan-Bennett Corp Yujiro and Yama Yamaoto 1
2310 Camino Vida Roble 1201 Via La Jolla
Carlsbad CA 92009 San Clmente CA 92672
1.
I' , ___ __-
David B Thompson '2 / PO Box 1487 .,-
Carlsbad CA 92008 , ,.
Upland Industries
P.0 Box 2500
Broomfield Co 80020
c/o Union Pacific Realty Co ?.
.r.
I
~ 1;. ,I) I 1 ? i ,-' I c
i ,.
i 14
\ George Wimpey Inc '1 Western Land and Development lr PO Box 33608
San Diego CA 92103 5200 El Camino Real
Carlsbad CA 92008
5-
\I 'PI
A James and Linda Wood , -\
736 Avocado Street
Del Mar CA 92014 \
'I F
3 0 '/ m- c
11 r
I?. i'
Batiquitos Bluff
c/o Sammis Properties
2650 Camino Del Rio North, Ste
San Diego CA 92108
Aviara Resort Assoc
c/o Hillman Properties West, Inc
450 Newport Center Drive
Newport Beach CA 92660-7640
Batiquitos Pointe BCE Development Corp
2650 Camino del Rio North Vancouver BC V6C2W7
Ste. 100
San Diego, CA 92108
Carlsbad Airport Center
Carlsbad CA 92009
Suite 304
c/o Sammis Properties 999 S Hastings Street
+
BCS Program L-2
Newport Financial Center
Newport Beach CA 92660
'c' > 2111 Palomar Airport Rd Ste 300 I3O3 Avocado st .-
~ Beckman Instruments Kaiser Development P.O. Box 308 2500 Harbor Blvd
Carlsbad CA 92008 Fullerton CA 92634
Birtcher Business Center
27611 La Paz Road
Laguna Niguel, CA 92677
Gorman & Wattner
1736 Franklin Street
Oakland CA 94612
A-M Homes
7 Upper Newport Plaza
Attorneys at Law c,.
8th Floor I' ,rr
Theodore & Miriam Blonski
12019 Caminito Campana
Newport Beach, CA 92660 San Diego CA 92128 ,-
!.
,I
George and Mui Bolton
7J 6519 El Camino Real i. Carlsbad Ca 92008
n
p ,'I
I
Braewood Development
c/o George McElroy & Assoc.
PO Box 565048
Dallas TX 65356
John and Alice Bachman
1545 Wilshire Blvd Ste 700
Los Angeles CA 90017
-
! Bramalea California, Inc
4330 La Jolla Village Drive Stc '>
San Diego CA 92122 .&,t," $5
Aharon Abada
6121 Romany Drive
San Diego CA 92120 .
I
Donald L Bren Go
23161 Mill Creek Road Ste 200 Ross and Mabel Barber
5392 El Camino Real
Carlsbad CA 92008
I i Laguna Hills CA 92653
,
% 0 W
-1
h
-1 _-
Sammis Carlsbad Assoc I Sammis Propel
17922 Fitch Ave 2650 Camino I
Irvine CA 92714 Suite 100
San Diego CA
I I
4 e e -.
Robert Delorm Gilbert and Mary Kaiser Paul and Peggy
2421 Dunstan St 1615 Calle de Cino Street 4743 W Hoffer S
Oceanside CA 92054 La Jolla CA 92037 Banning CA 9222
Leslie L. Devlin Hiroshi and Ida Kat0 William E Head
San Bernardino CA 92405 Carlsbad CA 92008 PO Box 207
2524 North E Street 3250 Sunny Creek Road c/o Ramon D Ase
Oceanside CA 92
Kel-Cal Herrick Holding
c/o Kaufman and Broad 2775 Via de la
12520 High Bluff Drive
Suite 120 Del Mar CA 9201
San Diego CA 92130
Allan 0 and rfierine Kelly Barbara Higdon
2448 A Street vf Drive
San Diego CA 9;
Diego CA 92130
Suite 204
Hillebrecht Co Fieldstone/La Costa Kaiser Electro
2170 Skyline Drive c/o The Fieldstone Co. 6070 Avenida Er
Escondido CA 92027 14 Corporate Plaza Carlsbad CA 92(
Newport Beach CA 92660
W H Hunt Fig Holding Co Ricahrd Kelly 1
C/O Hunt Energy Corp c/o Robert P Kt
1601 Elm Street 4680 Wilshire Blvd 2770 Sunny Cret
Dallas TX 75201 Los Angeles CA 90010 Carlsbad CA 92(
c/o Real Estate Dept
Huntington Beach Co John and Caryl Fisher Robert Kelly
c/o Chevron USA Inc 6630 Sunset Circle P.0 Box 175
PO Box 7611 Riverside CA 92505 Carlsbad CA 921
San Francisco CA 94120
Ivar NV Corp Great Western Savings LlOll Partners1
3104 Fifth Ave c/o Red Dept c/o MIssion We:
San Diego CA 92103 PO Box 1010 12555 High Blu
San Diego CA 9
Northridge CA 91328 Suite 120
/ r. ,p L*y&&-jj;L:,! >y (
i
A,..\ .d
December 26, 1990
TO: QUALIFIED ELECTORS
RE: COMMUNITY FACILITIES DISTRICT NO. 1
Enclosed herein please find legal notice setting time and place for a pi hearing relating to the formation of a proposed Community Facilities Disi (Community Facilities District No. 1) for the purpose of authorizing spc taxes to finance certain public capital facilities that will be availabl serve your property.
Please note that the proposed special taxes will be levied upon property w the boundaries of the Community Facilities District, and you should care review the formula and apportionment of the annual maximum special tax.
The notice sets the time and place for the hearing to be January 29, 199
6:OO p.m. in the Council Chambers, City Hall, 1200 Carlsbad Village 1 (formerly Elm Avenue), Carl sbad, CA.
Any final authorization to levy taxes and issue bonds to finance the de public capital facilities will be subject to a vote, and a favorable 2/3’s of the qualified electors voting will be required for final passage.
If you have any questions relating to the notice or the financing program, p contact James Elliott, Finance Director, at 434-2867.
Very truly yours,
Q&keRfldT
ALETHA L. RAUTENKRANZ City Clerk
AR: 1 c
Enc.
1200 Carlsbad Village Drive = Carlsbad, California 92008 - (619) 434-
0 7 /
4-
[PUBLICI
NOTICE OF PUBLIC HEARING OR INTENTION
TO INCUR BONDED INDEBTEDNESS
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 29TH
JANUARY, 1991, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, AT WHICH TIME THE L1
TIVE BODY OF THE CITY OF CARLSBAD, WILL HEAR ALL EVIDENCE AND TESTIMONY
INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, REGARDING THE ISSUi
BONDS SECURED BY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN A
NITY FACILITIES DISTRICT. FOR PARTICULARS, REFERENCE IS MADE TO THE RESOLU'
SET FORTH BELOW:
RESOLUTION NO. 90-434
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY
FOR CERTAIN FACILITIES IN A COMMUNITY FACILI-
TIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (here
referred to as the "legislative body of the local Agency"), has declared its
tion to order the establishment of a Community Facilities District for
public facilities pursuant to the terms and provisions of the "Mello-Roos Cc
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5
Government Code of the State of California, commencing with Section 53311.
Community Facilities District shall hereinafter be referred to as COMMUNITY
TIES DISTRICT NO. 1 (hereinafter referred to as the "District"); and,
WHEREAS, it is the intention of this legislative body to finance a.
portion of said facilities through the issuance of bonds, said bonds to be
by special taxes, all as authorized pursuant to said "Mello-Roos Cc
Facilities Act of 1982".
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this legislative body declares that the public convenil
necessity requires that a bonded indebtedness be incurred to finance a
portion of certain public facilities as proposed for the designated District.
SECTION 3. That the purpose €or the proposed debt is generally desc
follows :
To finance the fair share portion of the following au
public capital facilities :
I. Public facilities generally described as a new
facility, a major addition to an existing library building, a City Hall comF
the addition of office and warehouse facilities at the public safety center.
11. Park improvements generally designated as tho MACARI
PARK.
W
a ,b e
@
111. Major street improvements in portions of tho following 1
nated public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIV
ROAD/RANCHO SANTA FE ROAD and LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally descri
the LA COSTA INTERCHANGE , POINSETTIA LANE INTERCHANGE and PALOMAR AIRPOR
INTERCHANGE.
SECTION 4. That the amount of the proposed bonded indebtedness, includi
cost of the facilities, together with all incidental expenses, is ger
estimated to be:
$130,000,000
Said costs are represented in current dollars and are subj
escalation to provide for future phases of construction.
SECTION 5. NOTICE IS GIVEN THAT ON TUESDAY, THE 29TH DAY OF JANUARY, 1'
THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIV
BEING THE COUNCIL CHAMBERS, CITY HALL, A PUBLIC HEARING WILL BE HELD ON THE
TION OF THIS LEGISLATIVE BODY TO INCUR A BONDED INDEBTEDNESS TO FINANCE
THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING, ANY PERSONS INTERESTED, IN
PERSONS OWNING PROPERTY WITHIN THE AREA, MAY APPEAR AND PRESENT ANY MATTERS R
TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING THE BONDED INDEBTEDNES
WILL PAY FOR ALL OR A PORTION OF THE PROPOSED PUBLIC FACILITIES AND WHICH
SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN SAID COMMUNITY FACILITIES DISTRIC
SECTION 6. That notice of the time and place of the public hearing E
FACILITIES IN THE COMMUNITY FACILITIES DISTRICT BY THE LEVY OF A SPECIAL Ti
given by the City Clerk in the following manner:
A. A Notice of Public Hearing shall be published in the
designated newspaper of general circulation, being the CARLSBAD JOURNAL, saic
cation pursuant to Section 6061 of the Government Code, with said publicatic
completed at least seven (7) days prior to the date set for the public hearinc
B. A Notice of Public Hearing shall be mailed, postage pre
each property owner within the boundaries of the proposed District, to the
as shown on the last equalized assessment roll. Said mailing shall be comp
least fifteen (15) days prior to the date set for the public hearing.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsba
regular meeting held on the 11th day of December , 1990,
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST :
ALETHA L. RAUTENKRANZ, City Cler
( SEAL )
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543
Proof of Publication
jTATE OF CALIFORNIA, ss.
ZOUNTY OF SAN DIEGO,
I am a citizm of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
mblished weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
s published for the dissemination of local news and intelligence of a general character, and which
iewspaper at all times herein mentioned had and still has a bona fide subscription list of paying
ubscribers, and which newspaper has been established, printed and published at regular intervals in the
aid City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the
notice hereinafter referred to; and that the
notice of which the annexed is a printed
copy, has been published in each regular
and entire issue of said newspaper and not
in any supplement thereof on the follow-
ing dates, to-wit:
NOTICE OF PUBLIC incur t bonded indebtedness to fi-
HEARING ON nance munity public Facilities facilities District In the by Com- the INTENTION TO INCUR place levy of fixed a special forsaid tax public At the time hearing, and
;,sy: ;;;%! tp;;g.;.: ~~~e~"r"et~~~~~~~~~~
legislative body, being the Council wi11 pay 'Or "I Or a 'Ortion Of the
any persons interested. including BONDED INDEBTEDNESS NPTICE Is HEREBY GrVEN that
lBsl, at the hour of6 oo o,clock p M ;
personsowning ProperPywifhinthe
tention and necessity for incurring
in the regular meeting place of the the bonded indebtedncrss which
Chambers, City IIall, at which time proposed pub1ic faci1ities and
the legislative body of the C~ty of E:ii: ~~~~i~~~$~s~l~o~ Carlsbad, wlll hear all evidence and testimony by all interested per- m~~T~$l~'~~~~~~e of the
ing shall be given by the City Clerk of bonds secured by a special tax to in the following manner
within a Community Facilties Dis- tnd For particulars. reference is sha11 be pub1'shed In theLegallyde-
made to the Resolution as set forth ~~~~p~~~$p~{~!$~$~ below JOURNAL, said publication pur- suant fo Section 8081 of the Govern- ment Code, with said publication to be completed at least seven 0') days pnor to the date set for the public
ohall be mailed, postage Prepaid.to
boundaries of the proposed Dis-
trict, to the address as showp on the last equalized assessment roll Said mailing shall be completed at least leeen (") days prior to the
PASSED' APPRoVED AND ADoPTED by the 'Ity Counci1 Of the 'ltr Of Car1sbad at Ita regu1ar meeting held On the llth day Of De- ft:? lBw)' b' the followlngvote'
Kulchin' Larson' St'nt0n and "f;g None
sons, taxpayers, property =garding owners, the voters issuanee and time and place of the Public hear- Januarv 4 19 91
19-
19-
19-
19-
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of Cali-
fornia on the 4th
day of January, 1991
pay for certain public facilities A A Notice of public aearing
RESOLUTION NO 9oa RESOLUTION OF THE cITy COUNOIL op THE ClTY OF cARLsBAD, CALIFORNIA,
spEcIAL TAXES TO pAy FoR
COYMUNITY FACrLITIEs
WHmEAS. the cIm COITNCIL of the cITy OF CARLSBAD, c.- FORNIA, (hereinafter referred to
Agency"). has declared its inten- tion to order the establishment of a Community Fa( ilities District for certain public facilities pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1882," being Chapter2 5, Part AYEs c0unci1 Members Lewis' - I 1, Division 2, Title 5 of the Govern- 'roof of pu ment Code of the State of Califor- nia, commencing with Section 53311 This Community Fac District shall hereinafter be re- ferred to as COMMUNITY FACILI- TIES DlSTRICl NO 1 (hereinafter referred to as the "District"), and, WHEREAS, 11 is the intention of this legislative body to finance all -or a portion (of said facilities
~&\~~~~~N&~~~~ ::
CERTAIN FAcImEs IN A
heirllgNotice of Public Hearing
each property ownyr within the
DISTRICT
ad the "legislative body of the Local date '" tor the pub1ic hearing
Clerk of the Printer
CLAUDEA LEWIS Mayor iEl L RAUTENKRANZ
~~~~~k
CJ5711 January4'1ss1
-. through the issuance of bonds. said bonds to be secured by special taxes, all as authorized pursuant to said “Mello-Roos Community Faci- lities Act of 1982.”
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOL- LOWS: SECTION 1. That the above recit- als are all true and correct. SECTION 2. That this legislative body declares that the public con- venience and necessity requires that a bonded indebtedness be in- curred to finance all or a portion of certain public facilities as pro- posed for the designated District. SECTION 3. That the purpose for the proposed debt is generally de- scribed as follows:
To finance the fair share portion of the following authorized public capital facilities: I. Public facilities generally de- scribed as 2 new library facility, a major addition to an existing lib- rary building, a City Hall complex, and the addition of office and ware- house facilities at the public safety center. 11. Park improvements generally designated as the MACARIO CAN- YON PARK
portions of the following desig- nated public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROADIRANCHO SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities generally described as ?he LA COSTA INTERCHANGE, POINSETTIA LANE INTER- CHANGE and PALOMAR AIR- PORT ROAD INTERCHANGE.
SECTION 4. That the amount of the proposed bonded indebted- ness, including the cost ofthe facili- ties, together with all incidental ex- penses, is generally estimated to be: $130,000,000. Said costs are,represented in cur- rent dollars and are subject to escalation to provide for future phases of construction. SECTION 5. NOTICE IS GIVEN that on Tuesday, the 29th day of January, 1991, at the hour of 6:OO o’c1ockP.M.. in the regular meeting place of the legislative body, being the Council Chambers, City Hall, a public hearing will be held on the
intention of this legislative body to
111. Major street improvements in
D 49 c
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543
Proof of Publication C STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
K- 0
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitlc
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general c
published weekly in the City of Carlsbad, County of San Diego, State of California, and which r
is published for the dissemination of local news and intelligence of a general character, i
newspaper at all times herein mentioned had and still has a bona fide subscription list
subscribers, and which newspaper has been established, printed and published at regular intei
said City of Carlsbad, County of San Diego, State of California, for a period exceeding one
preceding the date of publicat
notice hereinafter referred to; a~
notice of which the annexed is
copy, has been published in ea
and entire issue of said newspar
in any supplement thereof on I
ing dates, to-wit:
Januarv 4
I certify under penalty of perjr
foregoing is true and correct. I
Carlsbad, County of San Diego, S
fornia on the 4th
day of January, 19
5
Pmf of Publicati Clerk a
..“-..-X^ .~./. .........,. ~...*xs..-m~...~.>wh- ......-,.%.........I_ ,..,....,.. ~,.~.-~.~ .,.. . ............,,
method of apportionment ofme proposed special tax, reference is made to NOTICE OF PUBLIC HEARING ON INTENT^^^ TO the attached and incorporated Exhibit “A”, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident FORM COMMUNITY FACILITIES DISTRICT AND within the proposed District to clearly estimate the probable annual AUTHORIZE SPECIAL TAX amount and the maximum annual amount that said person will have to pay NOTICE IS HEREBY GIVEN that a public hearing has been scheduled for said facilities. for the 29th day of January, 1991, at the hour of 6:~ o’clock P.M. in the The special taxes herein authorized shall be collected in the same man-
regular meeting place ofthe legislative body, being the Council Chambers, ner as ad valorem property taxes and shall be subjept to the same penalties. City Hall, at which time the legislative body ofthe City OfCarlsbad, califor- procedure, sale and lien priority in any case of delinquency as applicable hia,willhear all evidence and testimony by all interested persons, proper- for ad valorem,taxes. ty owners,voters and taxpayers, reiatingtothe establishmentofa Commun- This legislative body hereby further authorizes and allows the early
ity Facilities District for the purpose of providing public facilities to be discbarge and prepayment of any special tax, and specific terms,and cpndl- financed through the levy of a special tax. For particulars, reference is tions relating to any early payment shall be set forth by Resolutlon prior to made to the Resolution of Intention as set forth below: the issuance and delivery of any bonds. PUBLIC HEARING RESOLUTION NO. 90432 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB-, SECTION 7. NOTICE IS HEREBY GIVEN that on Tuesday, the 29th day of CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A January, 1991, the hour of 6:OO o’clock P.M., in the regular meeting place Of COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX the legislative body, being the Council Chambers, City Hall, a pub?ic hear- TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SAID ingwill be held where this legislative body will consider the establishment COMMUNITY FACILITIES DISTRICT of the proposed Communities Facility District, the proposed method and
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFOR- apportionment of the‘special tax, and all other matters as set forth in this NIA, (hereinafterreferred to as the “legislative body of the local Agency”), Resolution of Intention. That at the above-mentioned time and place for at this time is desirous to initiate proceedings to create a Community Public Hearing, any PerSOnS Interested, includingtaxpayers, prope? Own- Facilities District pursuant to the terms and provisions of the “Mello-Roos ers and registeredvoters. may appear and be beard, and that the teStlmOnY Community Facilities Act of 1882,” being Chapter 2.5, Part 1, Division 2, ofall interested persons for or against the establishment ofthe District, the Title 5 of the Government Code of the State of California (the “Act”). This extent of the District, or the furnishing of the facilities, will be heard and Community Facilities District shall hereinafter be referred to as COM- considered. Any protests may be made orally or in writing. However, any MUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the protests pertaining to the regularity or sufficiency of the proceedings shall “District”); and, be in writing and clearly set forth the irregularities and defects to whlch WHEREAS, this legislative body is now required to proceed to adopt jts the objection is made. All written protests shall be filed with the City Clerk Resolution Of Intention to initiate proceedings for the establishment of of the legislative body on or before the time fixed for the Public Hearing. said District, to set forth the boundaries for said District, indicate the type Written protests may be withdrawn in writing at anytime beforethe COnClU- of public facilities to be provided, indicate the rate and apportionment of a sion of the Public Hearing. special tax sufficient to pay for all such facilities, set a time and place for a If a written majority protest against the establishment of the District is public hearing relating to the establishment of said District, and describe filedthe proceedings shall be abandoned. Ifsaid majority protest islimited the proposed voting procedure for any election pertaining to the levy of a to certain facilities or portions of the special tax, those facilities or that tax special tax or issuance bonds within the District; and, shall be eliminated by the legislative body. WHEREAS, at any time before or after the formation of the District, this ELECTION legislative body may accept advances offunds and/orworkin kind from any SECTION 8. If, following the public hearing described in the Section source; however, no reimbursement and/or repayment shall be made for immediately below, the legislative body determines to establish the Dis- said advances Until expressly set forth by agreement and/or Resolution of trict and proposes to levy a special tax within the District, the legislative this h4ilative body setting forth the amount, terms and conditions or any body shall then submit the levy of the special taxes to the qualified electors reimbursement and/or repayment; and, of the District If at least twelve (12) persons, who need not necessarily be WHEREAS, a map of said District has been submitted, which said map is the same twelve (12) persons, have been registered to vote within the Fs- hereby,approved and a copy of said map shall be kept on file with the trict for each of the ninety (90) days preceding the close Of the subiect transcript of these proceedings. hearing, the vote shall be by registered voters of the District, with each NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: voter having one (1) vote. Otherwise, the vote shall be by the landowners Of RECITALS the District who were the owners of record at the close of the subject SECTION 1. That the above recitals are all true and correct. hearing, with each landowner having one (1) vote for each acre or portion Of INITIATION OF PROCEEDINGS an acre of land owned within the District. SECTION 2. That these proceedings are initiated by this legislative body A successful election relating to the special tax authorization shall, as Pursuant to the authorization of Section 53318 of the Government Code of applicable, establish andlor change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this the State of California.
BOUNDARIES OF DISTRICT District. SECTION 3. It is the intention of this legislative body to establish a Community Facilities District pursuant to the provisions of the Act, the NO PRIVATE CONTRACT boundaries and parcels being that area of land in which public facilities S~al~~ 9. This legislative body hereby finds and determines that the are to be provided and on which special taxes may be levied in order to Pay public interest will not be served by allowing the property owners 0f314’s of the Cost and expenses for said public facilities. AdeScriPtion ofthe bound- the acres to make an election to take Over and pedo~ any works of lm- aries of territory proposed to be included in the District is as follows: All that propem to be served by the installation of the capital facilities, movement pursuant to a contract awarded by this leglslatlw body. ThEs
as said property is shown on a map as previously approved by this legisla- finding does not prohibit the property ownem fl.omdirect1yenteringinto a
tive body, said map designated by the name of this Community Facilities contract to perform and construct certain ofthe works ofimprovemeptto
District, a COPY of which is on file in the Office of the City Clerk and shall
SECTION 10. That notice ofthe time and place of the public hearing shall remain open for public inspection. NAME OF DISTRICT SECTION 4. The name of the proposed Community Facilities District to b~i~N~~~~o~~~~~~~~~ ~~~~~~$~~ed in the legally desig- be established shall be known nd designated as COMMUNITY FACILITIES nated newspaper ofgeneral circulation, being the CARLSBAD JOURNAL, said publication pursuant to Section 6061 of the Government Code, With DISTRICT NO. 1. DESCRIPTION OF FACILITIES SECTION 5, That it is the intention Of this legislative body to finance the said publication to be completed at least Seven (7) days Prior to the date set for the public hearing. fair share portion of certain authorized public capital facilities:
I, Public facilities generally described as a new library facility, a major B. A Notice of Public Hearing shall be mailed, postage prepaid. to each
addition to an existing library building, a city Hall complex, and the addi- property Owner within the boundaries of the proposed District* to the address as shown on the last equalized assessment roll. Said mailing shall tion of office and warehouse facilities at the public safety center. 11, park imprOvementS generally designated as the MACARIO CANYON be completed at least fifteen (15) days prior to the date set forthe public
hearing. PARK. ENVIRONMENTAL REVIEW 111. Major street improvements in portions of the following designated SECTION 11, a1 environmental evaluation proceedings relating to the public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVE- establishment ofthis District shall be completed prior to the date and time NUE, OLIVENHAIN ROADIRANCHO SANTA FE ROAD and LEUCADIA set for the public hearing, PASSED, APPROVED AND ADO~D by the city Council of the City of BOULEVARD.
Iv. Major bridge and overpass facilities generally described as the LA .Carlsbad at its regular meeting held on the 11th day of December, 1990, by COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALO-
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
ABSENT: None
then be acquired by the city’ NOTICE
the following vote, to wit: MAR AIRPORT ROAD INTERCHANGE.
made to the file entitled “DESCRIPTION OF FACILITI&S,.. which is hereby referenced and incorporated herein, a copy of which is on file in the Office of the City Clerk and open for public inspection. The above facilities all have an estimated useful life of5 years or longer. and are sPeCifiCally authorized to be financed under these proceedings, It is hereby further determined that the proposed facilities are necessary to meet increased demands placed upon this Agency as a result of develop-
merit occurring within the District. The cost of acquiring, constructing and installing the facilities includes incidental expenses consisting ofthe costs of planning and designing the facilities, including the.costs of environmental evaluations thereof, all Costs associated with the establishment of the District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the Costs Of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District,togetherwitb any
For a full and more complete description of said facilities reference js NOES: None
CLAUDE A. LEWIS, Mayor
ATTEST: ALETIIA L RAUTENKRANZ, City Clerk (SEAL) CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT “&” PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Community Facilities District shall be subject to ANNUAL SPECIAL TAXES as applicable, based upon the property categories, maximum tax rates, increases and Status of the issuance of building pemits, all as hereinafter Set forth. Improvement Area I refers to all properties Within the boundaries ofthe City ofcarlsbad Bridge and Thoroughfare District. Improvement kea 11 is for all remaining properties within the Community Facilities District not within the Bridge & Thoroughfare District. BESIDEN’MAL PROPEBW ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building perm? shall be subject to the following maximum annual special taxes, subiect to 1- otherwise available, a special tax sufficient to pay for said facilities and related incidental expenses authorized by the Act will be levied annualiy --.. boundaries of said District. For particulars as tn the rate and ... :r-- ..
^l.,.>.X.-,* ............... .. . .
creases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 199011991 Zmprouenent Improvement
Pw&v Category Area Z Area IZ Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.00 1217.00
Residential High 2,793.00 2,739.00 Residential Medium to High 1,984.00 1,868.00
ANNUAL TAX INCREASE SPECIAL DEVELOPMENT TAX - ONE TIME upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
Area ZZ
The.aWve SP S for the taxable properties are applicable for .me f&al ye .a& all SUM& iqannual Lcleakes:to,reflect increases :n osts. The Construction Cost Index of the En- ginee?’iw News-Reccrd, titled “ENR Cost Indexes in 22 Cities” will be used. The Index published for the month of April for the City of Los Angeles Znder the column heading of “Percentage Change from Last Year” will PWPW Category annually inflate each of the Maximum Annual Taxes for each year for Residential Low $ 4,452.00 $ 3,835.00 properties as follows: Residential Low to Medium A. PROPERTIES WITHIN THE DISTRICT Not to exceed 50% of the Residential Medium 2,810.00 2,312.00 above-referenced increase. Residential Medium to High 2,810.00 2,312.00 B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED Not to exceed Residential High 2,810.00 2312.00 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX- ONETIME has been paid; however, the ANNUAL SPECIAL TAX- DEVELOPED PROPERTY shall not be levied for a period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid, the property
Agricultural Property 0 0 The Commercial and Industrial properties, upon the issuance of a build- All Commercial and Industrial Property, upon the issuance Ofa building ing permit, have the option to (1) pay the SPECIAL DEvELOPmNTTAX- permit, shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED -ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, PROPERTY for a period of not to exceed twenty-five (25) Years, generally in no further increase or escalation is authorized. the amounts per property category as follows: COLLECTION OF ANNUAL TAX MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR Residential:
replenish reserve, call bonds, pay bands and Community Facilities District
Commercial Use Designations NO. 1 administrative costs, and pay for public capital facilities. FIRST: Restaurant - Fast Food $ 28.48 0 7.58 Reduce this amount by the funds collected from Special Develoment Tax-
Outdoor Tennis Courts 28.14 One Time levied against residential properties. SECOND: The remaining Convenience Market 27.31 funds needed are to be collected by the levy of the annual Special Tax - Bank with Drive-thru 18.06 5.72 Undeveloped Property on undeveloped taxable residential acreage, in the Campground 17.51 499 proportional amounts for each property category as required, not to exceed
Restaurant - Sit Down 15.17 the maximum authorized tax.
Manna 14.85 :ii commercia[ and ~mizcshial: 480 Determine monies necessary to make payment on bond debt service, 12.83 289 replenish reserve, call bonds, pay bonds and Community Facilities District Bank - Walk In Auto - Gasoline 8.11 Grocery Store 7.78 256 No. 1 administrative costs, and pay for current or future public capital facilities. FIRST: Reduce this amount by the funds collected from Special S & L with Drive-thru 7.59 Bowling Center 6.63 zg Development Tax - One Time and annual Special Tax - Developed Prop- 3-09 erty levied against commercial and industrial properties. SECOND Levy Restaurant - Quality 6.57 227 the annual Special Tax - Undeveloped Property on undeveloped taxable Neighborhood Shopping Center 6.46 252 commercial and industrial acreage in the proportional amounts for each Auto Car Wash 6.31 5.51 3.03 property category as required, not to exceed the maximum tar 2.33 CJ 5709: January 4,1991 S & L- Walk In : Race Track 5.10 . Library 4.26 2.86
, Community Shopping Center 4.24 1.80 Hospital -General 3.88 3.18 I Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58
k Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94
, Office -Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85
Office - High Rise 2.67 1.84 2.56 1.75 2.47 1.58 Office - Commercial, l00,ooO SF Lumbermardware Store Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 * 1.98 University. 2.26 1.91 Junior College 2.19 1.90
not identified above 2.14 1.44
Improwmat Impmmnmt Area I
4,452.00 3,835.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property Prior to the issuance Ofa building permit shall be subject to the following maximum annual Special taxes, also subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
Improvement 1mw-t PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
Area I Area IZ I Commercial Property $ 2,400.00 . $ 1.600.00 no longer will be subject to any annual special tax. : Industrial Property 1,200.00 960.00 commercial & Industrial:
FISCAL YEAR 199011~1 PER SQUARE FOOT OF BUIJ,DING uu Determine monies necessary to make payment on bond debt service,
Imp?py-t Improuement Area I Area I1
ig
Motel 2.89 2.06
All other Commercial Properties
Industrial Use, Designations Area I Area IZ Heliports $ 10.63 $ 3.67 Industrial-Commercia1 Business Park 2.14 1.51 All other Industrial Properties
1mpl.ovement Improvement
not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fis- cal Year shall not exceed 13.81% of the authorized “Maximum Special Development Tax - One Time” for the various Commercial and Industrial Property categories as set forth above in the amount applicable and annually adjusted for each Fiscal Year.
L
January 7, 1991
TO: QUALIFIED ELECTORS
RE: COMMUNITY FACILITIES DISTRICT NO. 1
Enclosed herein please find legal notice setting time and place for a pu hearing relating to the formation of a proposed Community Facilities Dist (Community Facilities District No. I) for the purpose of authorizing spe
taxes to finance certain public capital facilities that will be availabl serve your property.
Please note that the proposed special taxes will be levied upon property wi the boundaries of the Community Facilities District, and you should caref review the formula and apportionment of the annual maximum special tax.
The notice sets the time and place for the hearing to be January 29, 1991 6:OO p.m. in the Council Chambers, City Hall, 1200 Carlsbad Village C (formerly Elm Avenue), Carlsbad, CA.
Any final authorization to levy taxes and issue bonds to finance the de: public capital facilities will be subject to a vote, and a favorable 2/3’s
of the qualified electors voting will be required for final passage.
If you have any questions relating to the notice or the financing program, pl contact James Elliott, Finance Director, at 434-2867.
Very truly yours,
&f%L&WRfldT
ALETHA L. RAUTENKRANZ City Clerk
AR: 1 c Enc.
1200 Carlsbad Village Drive - Carlsbad. California 92008 (619) 434.
v w
- f ,..
rm
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSBAD, CAI
(hereinafter referred to as the "legislative body of the local Agency
declared its intention to establish a Community Facilities District pursuant
provisions of the "Mello-Roos Community Facilities Act of 1982", for the purl
providing certain authorized public facilities to be financed through the 1~
special tax and to further authorize the issuance of bonds to pay for a
portion of said public facilities, said Community Facilities District her<
referred to as COMMUNITY FACILITIES DISTRICT NO. 1.
DESCRIPTION OF FACILITIES
The proposed facilities to be provided and funded are as follows:
I. Public facilities generally described as a new library facility,
addition to an existing library building, a City Hall complex,
addition of office and warehouse facilities at the public safety center
11. Park improvements generally designated as the MACARIO CANYON PARK.
111. Major street improvements in portions of the following designatec
streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROA
SANTA FE ROAD and LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the I
INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRPORT ROAD INTER
For a full and more complete description of said facilities, reference is
the file entitled "DESCRIPTION OF FACILITIES", which is hereby referer
incorporated herein, a copy of which is on file in the Office of the City C
open for public inspection.
DESCRIPTION OF DISTRICT
All that area of land in which public facilities are to be provided and f
special taxes may be levied, generally described as all property wit
boundaries of Community Facilities District No, 1.
COST ESTIMATE
The estimated costs of the proposed public facilities, including all in
expenses, is estimated not to exceed $130,000,000. All costs are represi
current dollars and are subject to escalation.
0 W
."
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR TUES
29TH DAY OF JANUARY, 1991, AT THE HOUR OF 6:OO O'CLOCK P.M. , IN THE REGULAR
PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, AT WH
THE LEGISLATIVE BODY OF THE CITY OF CARLSBAD, CALIFORNIA, WILL HEAR ALL EVIE
TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS,
GENERALLY TO THE FOLLOWING:
A. Establishment of Community Facilities District:
B. Authorization for the levy of a special tax to pay for pub1
lity improvements:
C. Authorization for issuance of bonds secured by a special ta
for all or a portion of said public facility improvements;
D. Any other matters as set forth in the Resolution of Inte
order the establishment of the District and the Resolution o
tion to issue bonds.
ALL PERSONS INTERESTED, INCLUDING PROPERTY OWNERS AND REGISTERED VOTERS, MA'
AND PRESENT EVIDENCE AND TESTIMONY RELATING TO THE FORMATION OF THE COMMUNITY
TIES DISTRICT OR THE AUTHORIZATION TO ISSUE BONDS. ANY PROTEST PERTAINING
REGULARITY OF THE PROCEEDINGS TO FORM THE COMMUNITY FACILITIES DISTRICT MU!
WRITING, AND SHALL BE FILED WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON 0
THE TIME SET FOR THE HEARING. IF A MAJORITY PROTEST IS TIMELY FILED AGA:
PROCEEDINGS AND THE ESTABLISHMENT OF THE DISTRICT, THE LEGISLATIVE BOT
ABANDON THE PROCEEDINGS OR MODIFY THE PROCEEDINGS. IF SAID MAJORITY PRC
LIMITED TO CERTAIN FACILITIES OR SPECIAL TAX, THOSE FACILITIES OR THAT TAX ,
ELIMINATED BY THE LEGISLATIVE BODY.
SPECIAL TAX
The facilities are proposed to be financed through the issuance of bonds a
special tax secured by recordation of a continuing lien against all non-exen
property in the District, and for particulars as to the method of apportior
the special tax, reference is made to Exhibit "A" attached hereto.
PROPOSED VOTING PROCEDURE
If, following the public hearing for which this Notice is given, the legi
body determines to establish the proposed Community Facilities District, to 3
special tax and to issue the bonds as proposed, the legislative body sha
submit the levy of the special taxes and the issuance of the bonds to the qt
voters of the Community Facilities District- If at least; twelve (12) persc
need not necessarily be the same 12 persons, have been registered to vote wit
territory of the proposed Community Facilities District for each of the nine
days preceding the close of the public hearing, the vote shall be by the re:
voters of the proposed District who were the owners of record as of the date
subject hearing, with each voter having one (1) vote. Otherwise, the vote E
by landowners of the proposed District, with each landowner having one (1) Y
each acre or portion of an acre of land owned within the proposed District.
1, 0 q
- * :.
INQUIRIES
For any questions relating to the proceedings, or any particulars, please
the following designated person:
JIM ELLIOTT, FINANCE DIRECTOR
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
TELEPHONE: (619) 434-2867
For further particulars, reference is made to the Resolution of Intention to
lish the District and the Resolution of Intention to incur bonded indebtedn
said Resolutions have been approved and are on file with the transcript o
proceedings and open for public inspection.
DATED: 19- 24 , 1990.
n&/ 2eLak4
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
,. W w
COMMISRCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the h~uance of a bu
permit shall be subject to the following maximum annual special taxes, also s
to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPER
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building E
shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME
aggume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
twenty-five (25) years, generally in the amounts per property category as follc
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISC
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Fast Food $ 28.46 $ 7.58
outdoor Tennis Courts 28.14 7.26
Convenience Market 27.31 6.74
Bank with Drive-thru 18.06 5.72
Restaurant - Sit Down 15.17 4.73
Marina 14.85 4.41
Bank - Walk In 12.83 4.60
Auto - Gasoline 8.11 2.89
Grocery Store 7.78 2.56
S & L with Drive-thru 7.59 3.48
Bowling Center 6.63 2.83
Restaurant - Quality 6.57 3.09
Neighborhood shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52
S & L - Walk In 5.51 3.03
Race Track 5.10 2.33
Library 4.26 2.86
Community Shopping Center 4.24 1.80
Hospital - General 3.88 3.18
Campground 17.51 4.99
I. W - CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Community Facilities I
shall be subject to ANNUAL SPECIAL TAXES as applicable, based upon the I
categories, maximum tax rates, increases and status of the issuance of 1
permits, all as hereinafter set forth. Improvement Area I refers to all prc
within the boundariee of the City of Carlsbad Bridge and Thoroughfare D:
Improvement Area I1 is for all remaining propertiee within the Community Fac
District, not within the Bridge & Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be suf
the following maximum annual special taxes, subject to increases as se
herein :
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPI
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199.
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
Residential Medium to High 1,984.00 1,868.00
Residential High 2,793.00 2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be
to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also sub
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PEI
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 199(
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 4,452.00 $ 3,835.00
Residential Low to Medium 4,452.00 3 , 835.00
Residential Medium 2,810.00 2,312.00
Residential Medium to High 2,810.00 2 , 312.00
2,312 .OO Residential High 2,810.00
4. w
>
IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Hotel - Conv. Fac/Comm. 3.47 2.52
Auto - Repair Ei Sales 3.41 1.58
Regional Shopping Center 3.35 1.61
Discount Store 3.22 1.58
Golf Course 3.06 2.14
Church 2.99 1.94
Office - Government 2.93 1.88
Commercial Shops 2.90 1.58
Health Club 2.89 1.85
Motel 2.69 2.06
Office - High Rise 2.67 1.84
Office - Commercial, 100,000 SF 2.56 1.75
Lumber/Hardware Store 2.47 1.58
Office - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23
Indoor Sports Arena 2.33 2.23
Resort Hotel 2.30 1.98
University 2.26 1.91
Junior College 2.19 1.90
All other Commercial Properties 2.14 1.44
not indentified above
IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 $ 3.67
Park 2.14 1.51
Induet rial-Commercial Business
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year SI
exceed 13.81% of the authorized "Maximum Special Development Tax - One Time"
various Commercial and Industrial Property categories as set forth above
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the
year 1990/91, and are all subject to annual increases to reflect incre
construction costs. The Construction Cost Index of the Engineering News-
titled "ENR Cost Indexes in 22 Cities" will be used. The Index published
month of April for the City of Los Angeles under the column heading of "Pel
Change from Last Year" will annually inflate each of the Maximum Annual Ta
each year for properties as follows:
'. w v
-I
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-reference(
increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-
referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and fat
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has bec
however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levie
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be su
any annual special tax.
Commercial & Industrial:
The Commercial and Industrial properties, upon the issuance of a building
have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) as
any building permit, no further increase or escalation is authorized.
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above, Upon the Iss
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish
call bonds, pay bonds and Community Facilities District No. 1 administrativ
and pay for public capital facilities. FIRST: Reduce this amount by tl
collected from Special Development Tax - One Time levied against res
properties. SECOND: The remaining funds needed are to be collected by the
the annual Special Tax - Undeveloped Property on undeveloped taxable res
acreage, in the proportional amounts for each property category as required
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish
call bonds, pay bonds and Community Facilities District No. 1 administrativ
and pay for current or future public capital facilities. FIRST: Reduce thi
by the funds collected from Special Development Tax - One Time and annual
Tax - Developed Property levied against commercial and industrial prc
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
commercial and industrial acreage in the proportional amounts for each
category as required, not to exceed the maximum tax.
X**
l 0 e
$'
r PUBLICA:
NOTICE OF PUBLIC HEARING ON INTENTIOW
TO FORM COMFXVPrITY FACILITIES DISTRICT
ANI) AUTHORIZE SPECIAL TAX
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 29TH
JANUARY, 1991, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, AT WHICH TIME THE LE
TIVE BODY OF THE CITY OF CARLSBAD, CALIFORNIA, WILL HEAR ALL EVIDENCE AND TES
BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, RELATING '
ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT FOR THE PURPOSE OF PROVIDING
FACILITIES TO BE FINANCED THROUGH THE LEVY OF A SPECIAL TAX. FOR PARTI(
REFERENCE IS MADE TO THE RESOLUTION OF INTENTION AS SET FORTH BELOW:
RESOLUTION NO. 90-432
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
TO ESTABLISH A COMMUNITY FACILITIES DISTRICT
AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN
PUBLIC FACILITIES WITHIN SAID COMMUNITY FACI-
LITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (here
referred to as the "legislative body of the local Agency"), at this time is d
to initiate proceedings to create a Community Facilities District pursuant
terms and provisions of the "Mello-Roos Community Facilities Act of 1982"
Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the S
California (the "Act"). This Community Facilities District shall hereina
"District") ; and, referred to as COMMUNITY FACILITIES DISTRICT NO, 1 (hereinafter referred to
WHEREAS, this legislative body is now required to proceed to ad1
Resolution of Intention to initiate proceedings for the establishment
District, to set forth the boundaries for said District, indicate the type 0'
facilities to be provided, indicate the rate and apportionment of a spec
sufficient to pay for all such facilities, set a time and place for a public
relating to the establishment of said District, and describe the proposec
procedure for any election pertaining to the levy of a special tax or issuanc
within the District; and,
WHEREAS, at any time before or after the formation of the Distric
legislative body may accept advances of funds and/or work in kind from any
however, no reimbursement and/or repayment shall be made for said advancc
expressly set forth by agreement and/or Resolution of this legislative body
forth the amount, terms and conditions for any reimbursement and/or repayment
WHEREAS, a map of said District has been submitted, which said itlap i
approved and a copy of said map shall be kept on file with the transcript
proceedings.
e 0
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
REC I T ALS
SECTION 1. That the above recitals are all true and correct.
INITIATIVP VF PROCEEDINGS
SECTION 2. That these proceedings are initiated by this legislativ
pursuant to the authorization of Section 53318 of the Government Code of thc
of California.
BOUNDARIES OF DISTRICT
SECTION 3. It is the intention of this legislative body to estal
Community Facilities District pursuant to the provisions of the Act, the bou
and parcels being that area of land in which public facilities are to be F
and on which special taxes may be levied in order to pay the cost and expen
said public facilities. A description of the boundaries of territory propose
included in the District is as follows:
All that property to be served by the installation of the
facilities, as said property is shown on a map as previously approved 1
legislative body, said map designated by the name of this Community Fac
District, a copy of which is on file in the Office of the City Clerk ab
remain open for public inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed Community Facilities Districl
established shall be known and designated as COMMUNITY FACILITIES DISTRICT NO
DESCRIPTION OF FACILITIES
SECTION 5. That it is the intention of this legislative body to fina
fair share portion of certain authorized public capital facilities:
I. Public facilities generally described as a new
facility, a major addition to an existing library building, a City Hall comp
the addition of office and warehouse facilities at the public safety center.
11. Park improvements generally designated as the MACARI(
PARK.
111. Major street improvements in portions of the f
designated public Streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OL
ROAD/RANCHO SANTA FE ROAD and LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally desc
the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRP(
INTERCHANGE.
0 0
For a full and more complete description of said facil
reference is made to the file entitled "DESCRIPTION OF FACILITIES", which is
referenced and incorporated herein, a copy of which is on file in the Office
City Clerk and open €or public inspection.
The above facilities all have an estimated useful life of 5
or longer, and are specifically authorized to be financed under these proceedin
It is hereby further determined that the proposed facilitil
necessary to meet increased demands placed upon this Agency as a res1
development occurring within the District.
The cost of acquiring, constructing and installing the faci
includes incidental expenses consisting of the costs of planning and design1
facilities , including the costs of environmental evaluations thereof , all
associated with the establishment of the District, the issuance of bond
collecting any special taxes, and costs otherwise incurred in order to carry (
authorized purposes of the District, together with any other expenses incidei
the acquisition, construction, completion and inspection of the facilities.
determination of the amount of any special taxes to be levied, the co
SPECIAL TAX
SECTION 6. That is is hereby further proposed that, except where fun
otherwise available, a special tax sufficient to pay for said facilities and 1
incidental expenses authorized by the Act will be levied annually with
boundaries of said District. For particulars as to the rate and met
apportionment of the proposed special tax, reference is made to the attack
incorporated Exhibit "A", which sets forth in sufficient detail the met
apportionment to allow each landowner or resident within the proposed Distr
clearly estimate the probable annual amount and the maximum annual amount th:
person will have to pay for said facilities.
The special taxes herein authorized shall be collected in tl
manner as ad valorem property taxes and shall be subject to the same pen,
procedure, sale and lien priority in any case of delinquency as applicable
valorem taxes.
This legislative body hereby further authorizes and all(
early discharge and prepayment of any special tax, and specific terms and con
relating to any early payment shall be set forth by Resolution prior to the i
and delivery of any bonds.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON TUESDAY, THE 29TH DAY OF JANUARY, 19
HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIV
BEING THE COUNCIL CHAMBERS, CITY HALL, A PUBLIC HEARING WILL BE HELD WHE
LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED CC
FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL T
ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT
ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING, ANY PERSONS INTERESTED, I&
TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, A
THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT
e e
DISTRICT, THE EXTENT OF THE DISTRICT, OR THE FURNISHING OF THE FACILITIES, t
PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALl
IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE LEG1
BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS
WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVI
WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OB!
IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT
DISTRICT IS FILED THE PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PRO'
LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILI:
THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY.
ELECTION
SECTION 8. If, following the public hearing described in the
immediately below, the legislative body determines to establish the Distrl
proposes to levy a special tax within the District, the legislative body sha
submit the levy of the special taxes to the qualified electors of the Distric
at least twelve (12) persons, who need not necessarily be the same twell
persons, have been registered to vote within the District €or each of the
(90) days preceding the close of the subject hearing, the vote shall
registered voters of the District, with each voter having one (1) vote. 0th
the vote shall be by the landowners of the District who were the owners of re
the Close of the subject hearing, with each landowner having one (1) vote fc
acre or portion of an acre of land owned within the District.
A successful election relating to the special tax author
by Article XIIIB of the California Constitution as it i6 applicable t
District.
shall, a8 applicable, establish and/or change the appropriations limit as aut
NO PRIVATE CONTRACT
SECTION 9. This legislative body hereby finds and determines that the
interest will not be served by allowing the property owners of 3/4's of the
make an election to take over and perform any works of improvement pursuar
contract awarded by this legislative body. This finding does not prohil
property owners from directly entering into a contract to perform and co
certain of the works of improvement to then be acquired by the City.
NOT ICE
SECTION 10. That notice of the time and place of the public hearing s
given by the City Clerk in the following manner:
A. A Notice of Public Hearing shall be published in the
designated newspaper of general circulation, being the CARLSBAD JOVRNAI
publication pursuant to Section 6061 of the Government Code, with said pub1
to be completed at least seven (7) days prior to the date set for the
hearing.
0 0
B. A Notice of Public Hearing shall be mailed, postage
to each property owner within the boundaries of the proposed District,
addregs as shown on the last equalized assessment roll. Said mailing
completed at least fifteen (15) days prior to the date set for the public he?
ENVIRONMENTAL REVIEW
SECTION 11. All environmental evaluation proceedings relating
establishment of this District shall be completed prior to the date and time
the public hearing.
PASSED, APPELOVED AND ADOPTED by the City Council of the City of Carlsb;
regular meeting held on the 11th day of December , 1990,
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
dlo& J
ALETHA L. RAUTENXRANZ, City Cler
(SEAL)
0 m
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Community Facilities D
shall be subject to ANNUAL SPECIAL TAXES as applicable, based upon the p
categories, maximum tax rates, increases and status of the issuance of bi
permits, all as hereinafter set forth. Improvement Area I refers to all pro]
within the boundaries of the City of Carlsbad Bridge and Thoroughfare Di
Improvement Area I1 is for all remaining properties within the Community Fac
District, not within the Bridge &. Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be sub
the following maximum annual special taxes, subject to increases as set
herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
Residential Medium to High 1,984 .OO 1,868.00
Residential High 2,793 .OO 2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be
to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also sub:
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 4,452.00 $ 3,835.00
Residential Low to Medium 4,452.00 3,835.00
Residential Medium 2,810.00 2 , 312.00
Residential Medium to High 2 , 810.00 2,312.00
Residential High 2 , 810.00 2,312.00
I
'. 0 0
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a 1
permit shall be subject to the following maximum annual special taxes, also
to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP1
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199.
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building
shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not tc
twenty-five (25) years, generally in the amounts per property category as fol
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FI:
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Fast Food $ 28.46 $ 7.58
Outdoor Tennis Courts 28.14 7.26
Convenience Market 27.31 6.74
Bank with Drive-thru 18.06 5.72
Campground 17.51 4.99
Restaurant - Sit Down 15.17 4.73
Marina 14.85 4.41
Bank - Walk In 12.83 4.60
Auto - Gasoline 8.11 2.89
Grocery Store 7.78 2.56
S & L with Drive-thru 7.59 3.48
Bowling Center 6.63 2.83
Restaurant - Quality 6.57 3.09
Auto Car Wash 6.31 2.52
S & L - Walk In 5.51 3.03
Race Track 5.10 2.33
Library 4.26 2.86
Community Shopping Center 4.24 1.80
Hospital - General 3.88 3.18
Neighborhood Shopping Center 6.46 2.27
e 0 4, t
IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Hotel - Conv. Fac/Comm. 3.47 2.52
Auto - Repair & Sales 3.41 1.58
Regional Shopping Center 3.35 1.61
Discount Store 3.22 1.58
Golf Course 3.06 2.14
Church 2.99 1.94
Office - Government 2.93 1.88
Commercial Shops 2.90 1.58
Health Club 2.89 1.85
Motel 2.69 2.06
Office - High Rise 2.67 1.84
office - Commercial, 100,000 SF 2.56 1.75
Lumber/Hardware Store 2.47 1.58
Office - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23
Indoor Sports Arena 2.33 2.23
Resort Hotel 2.30 1.98
University 2.26 1.91
Junior College 2.19 1.90
All other Commercial Properties 2.14 1.44
not indentified above
IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 !$ 3.67
Industrial-Commercial Business
Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN TWE AI.TERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year s
exceed 13.81% o€ the authorized "Maximum Special Development Tax - One Time"
various Commercial and Industrial Property categories as set forth above
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for thl
year 1990/91, and are all subject to annual increases to reflect incrc
constructLon costs. The Construction Cost Index of the Engineering News
titled "ENR Cost Indexes in 22 Cities" will be used. The Index published
month of April €or the City of Los Angeles under the column heading of "Pe
Change from Last Year" will annually inflate each of the Maximum Annual T
each year for properties as follows:
4,. e m - ..
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced
increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-
referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and fac
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has bee however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be sub
any annual special tax.
Commercial & Industrial:
The Commercial and Industrial properties, upon the issuance of a building
have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ass
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issu
any building permit, no further increase or escalation is authorized.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish L
call bonds, pay bonds and Community Facilities District No. 1 administrative
and pay for public capital facilities. FIRST: Reduce this amount by th
collected from Special Development Tax - One Time levied against resi
properties. SECOND: The remaining funds needed are to be collected by the
the annual Special Tax - Undeveloped Property on undeveloped taxable resi
acreage, in the proportional amounts for each property category as required,
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish I
call bonds, pay bonds and Community Facilities District No. 1 administrative
and pay for current or future public capital facilities. FIRST: Reduce thiE
by the funds collected from Special Development Tax - One Time and annual
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
commercial and industrial acreage in the proportional amounts for each I
category as required, not to exceed the maximum tax.
Tax - Developed Property levied against commercial and industrial pro1
*x*
w 0
-I
LAW OFFICES
BROWN, HARPER, BURNS 8 HENTSCHKE
F. MACKENZIE BROWN. 12770 HIGH BLUFF DRIVE, SUITE 240 NEWPORT BEACH I
SAN DIEGO. CALIFORNIA 02130 LOS ANGELES (2 ALAN R. MURNS
JOHN ROBERT HARPER’
DANIEL S. HENTSCHKE (6191 456-1915
FAX 259-0292 ROBERT E. HESSELL
OF COUNSEL
JOSEPH J. HUGHES
MICHAEL B. MONTGOMERY.
‘A PROFESSIONAL CORPOUATION
December 5, 1990 - \bf
JjL” (/G- Jim Elliott, Finance Director
City 1200 of Carlsbad Carlsbad village Dr. QWJ I\
Carlsbad, CA 92008
RE: COMMUNITY FACILITIES DISTRICT NO. 1
Dear Jim:
Enclosed herein please find the followinq documents in connection with the
requirements which must be met immediately following the meeting schedulc
December 11, 1990:
1. INSTRUCTION SHEET.
2. NOTICE OF HEARING ON INTENTION TO ESTABLISH COMMUNITY - fl
FACILITIES DISTRICT (PUBLICATION)
3. NOTICE OF HEARING ON INTENTION TO INCVR BVM;IED INDEBmDmSS
(PUBLICATION)
4. NOTICE OF PUBLIC NEARING ON INTENTION TO FORM COMMUNITY
FACILITIES DISTRICT AND TO INCUR BONDED INDEBTEDNESS (MAILING)
5. COVER LETTER FORMAT.
6. CERTIFICATE OP COMPLIANCE,
***
NOTICE REQUIREMENTS
Immediately following the adoption of the Resolutions, the following I
requirements shall be accomplished:
- PUBLICATION of Resolution of Intention to Establish District - PUBLICATION of Resolution of Intention to Incur Bonded Indebtedness - MAILING Notice of Public Hearing - RECORDATION of proposed boundary map in Office of County Recorder
For particulars, please see the INSTRUCTION SHEET enclosed herein.
A
.. . e 0 LAW OFFICES
bBROWN, HARPER, BURNS 8 HENTSCHKE
Jim Elliott, Finance Director
City of Carlsbad
December 5, 1990
Page Two
CONFORMED COPIES
Upon completion of the notice requirements, I would appreciate receiving the i
priate affidavits of publication and a copy of the executed Certifica
Compliance.
If you have any questions upon your review of the enclosed material, please c
hesitate to call.
Very truly yours,
F. MACKENZIE BROWN
FMB : bd
encl .
cc: Aletha Rautenkranz, City Clerk
Ray Patchett, City Manager
Vincent Biondo, Esq., City Attorney
Lloyd Hubbs, City Engineer
Norm Neste; NBS/Lowry
Galen Peterson: NBS/Lawry
Carl Kadie; Kadie-Jensen, Johnson & Bodnar
4
, *I. e m
i
INSTRUCTION SHJ3ET
NAME OF AGENCY: CITY OF CARLSBAD
NAME OF PROJECT: COMMUNITY FACILITIES DISTRICT NO. 1
INSTRUCTIONS
The CITY CLERK shall perform the following:
PUBLICATION
(CARLSBAD JOURNAL) /
/
The NOTICE OF PUBLIC HEARING ON INTENTION TO ESTABLISH COMMUNITY FACILITIES Dl
AND AUTHORIZE SPECIAL TAX shall be published one (1) time in the desi
newspaper, said publication being accomplished at least seven (7) days prior
date set for the public hearing. /
/
The NOTICE OF PUBLIC HEARING ON INTENTION TO INCUR BONDED INDEBTEDNESS sh
published one (1) time in the designated newspaper, said publication
accomplished at least seven (7) days prior to the date set for the public hear:
4P
MA1 LING +$p-Jrp d
/-e v."
The NOTICE OF PUBLIC HEARING shall be mailed, postage prepaid, to all persons
real property within the boundaries of the Community Facilities District, a
names appear on the last equalized Assessment Roll, said mailing being accom
at least fifteen (15) days prior to the date set for the public hearing.
$@j
dgS /c BOUNDARY MAP
r File the original proposed BOUNDARY MAP with the transcript of these proce
and within fifteen (15) days after the adoption of the Resolution Setting H
cause to be filed a copy of said map with the County Recorder. Fees are app
for said filing. I would suggest an additional copy also be transmitted
Recorder's Office so that a certified copy showing the recordation informatio
be immediately returned and made avaialble.
AGENDA
A copy of the AGENDA for the meeting of December 11, 1990, setting forth a
description of the proposed actions to be taken and the time and place
meeting, must be posted in a location freely accessible to the general pu
least 72 hours before the time set for said meeting where action is to be t
connection with this Community Facilities District.
**x
--; I, - -, * 11. 7. w
LAW OFFICES
BROWN, HARPER, BURNS 8 HENTSCHKE
NEWPORT 8EACH 171
SAN DIEGO. CALIFORNIA 92130 LOS ANGELES 1212
12770 HIGH BLUFF DRIVE, SUITE 240 F. MACKENZIE BROWN.
ALAN R. BURNS
JOHN ROBERT HARPER.
DANIEL 5. HENTSCHKE 1619) 456-1915
ROBERT E. HESSELL FAX 259-0292
OF COUNSEL
JOSEPH J. HUGHES
MICHAEL E. MONTGOMERY.
*A PROFESSIONAL CORPORATION
November 27, 1990
Jim Elliott, Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92009
RE: COMMUNITY FACILITIES DISTRICT NO. 1
Dear Jim:
Enclosed herein please find the following documents for the referenced Distr.
be presented at the meeting scheduled for December 11, 1990:
1. ORDER OF PROCEDURE.
epp"hA
2. RESOLUTION MAKING APPOINTMENTS.
3. RESOLUTION ADOPTING BOUNDARY MAP- -
4. IUCSOLUTION OF INTENTION TO ESTABLISH DISTRICT-
5. RESOLUTION ORDERING "REPORT"-
6. IUCSOLUTION DECLARING INTENTION TO ISSUE BONDS
SECURED BY SPECIAL TAXES-
***
Please note that a copy of the AGENDA for this meeting, setting forth a 9
of the meeting, must he posted in a location freely accegsihle to the 9
public at least 72 hours before the time set for said meeting where action is
taken in connection with this Community Facilities District.
description of the proposed actions of the legislative body and the time and
DOCUMFNTS
Prior to the adoption of the Resolutions, on file in the Office of the City
should be the following:
- BOUNDARY MAP (18x26'' in size, etc.), ready for filing in the Office of the
County Recorder
- File entitled DESCRIPTION OF FACILITIES, settinq forth a description of th
capital facilities and cost estimate
c;' *, n .I -. e
LAW OFFICES
BROWN, HARPER, BURNS 8 HENTSCHKE
Jim Elliott, Finance Director
City of Carlsbad
November 27, 1990
Page Two
RJ3SOLUTIONS
By the adoption of the enclosed Resolutions, the following will be accomplished
The RESOLUTION MAKING APPOINTMENTS is the formal appointment of the newspgper, t
The RESOLUTION ADOPTING BOUNDARY MAP is the formal action adopting map sei
forth the boundaries of the Community Facilities District.
The RESOLUTION OF INTENTION TO ESTABLISH DISTRICT is the jurisdictional Resoli
to establish a Community Facilities District, establish a special tax, and
time and place for public hearing.
The RESOLUTION ORDERING "REPORT" is the formal order of the legislative
requeEiting the preparation of a detailed report on the facilities, costs, etc.
The RESOLUTION DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES
forth the intention of the legislative body to issue bonds to pay for ce
facilities and set a public hearing.
WRITTEN COMMUNICATIONS
AB this is a protest hearing, the legislative body must be aware of all commt
tions. As written communications are filed relating to the proceedings, I
recommend that copies be made and immediately transmitted to the following:
A. Each member of the legislative body
B. Office of Special Tax Consultant
C. Office of Project Engineer
D. Office of Bond Counsel
REGISTERJ3D VOTER CERTIFICATION
Immediately following the adoption of the Resolutions, a copy of the pr
boundary map, together with a list setting forth the names of the property
as well as the Tax Assessor's parcel identification numbers, should be trans
to the County Registrar of Voters, with a request for a return certifi
setting forth the number of registered voters residing within the boundaries
District. The Registrar's letter must be back on file no later than the til for the public hearing.
** . 'I A,'. * w LAW OFFtCES
BROWN, HARPER, BURNS 8 HENTSCHKE
Jim Elliott p Finance Director
City of Car lsbad
November 27, 1990
Page Three
ENVIRONMENTAL EVALUATION
All environmental evaluation procedures relating to the formation of the Disi
must be completed at least prior to the scheduled public hearing. As soon as
available, I would appreciate receiving a copy of the Notice of Determin
showing filing in the Office of the County clerk, indicating that all environm
evaluation proceedings and processing have been completed.
ELECTION
First, a final determination should be made as to the proper person to conduc
election, i.e., County Registrar of Voters or City Clerk.
Second, the Election Official should then be contacted to determine an accep
Please note that the election shall be not less tha
not more than @days following the establishment of the District (close of p
hzring); however, if the election is within 125 days, the concurrence o
Election Official is also required.
Please advise this office as soon as possible, so that proper documentation c
prepared.
fl date for the election.
dl? \ c\\" Y
CONFORMED COPIES
Upon completion of the notice requirements, I would appreciate receiving the i
priate affidavits of publication, a copy of the executed Certificate of Compl
and conformed copies of all Resolutions.
If you have any questions upon your review of the enclosed material, please c
hesitate to call.
Very truly yours,
F. MACKENZIE BROWN
FMB : bd
encl.
cc: Aletha Rautenkranz, City Clerk
Ray Patchett, City Manager
Vincent Biondo, Esq., City Attorney
Lloyd Hubbs, City Engineer
Norm Neste; NBS/Lowry
Carl Kadie; Kadie-Jensen, Johnson & Bodnar
Galen Peterson; NBS/Lowry
,,-" -, .r - -_. --~
gig *sg5 dyypm
'7%
k. 5 i 01,'23,'1331 14:2Q @k*s 5.D. . / e.*&LJ - 4 3-
PIllLgBl!RY R9,LaUlN \N & StJ'l'RO
SAN FRANCISCO 701 W BROADWAY 10s ANOE
SAN JOSE SUITE 1ma 'NAGHINt)' WALNUT CREEK SAN DiEOCJ. t~ Wlol 8ZOi DRANOE C GACRAMENrO TEL (6191 ~3e-6009 FAX !GIB; 23e-me3
January 29, 1931
VIA TE LECOPfE R
Ms. Aletha Rautenkranz city Clerk @icy of Carlsbad 20'75 Las palmas Drive Carasbad, CA 92009
Re: communi,tv Facilities District No. 1
Dear Ms. Rautenkranz:
Ehclased please find a copy af a. :ek.ter sent to and re bv the City of Carlsbad on January 28, 1991. The staterrrent tke parcels would vote WO** to the formation of the Commmi Ftcilities District No. 1 is a protest of the formation of
.-' -:~nity Facilities District No. 1 on the current basis.
/2/yrs#
w-
Paul R. Wassenaar o€ Counsel PILLSBWRY MAEISON Ea SUTRQ
PRW/eam
P. 03 &13 w95
'Y 01/29/1991 14: 21 as s. D.
a: i .-,
cc
PlILLSBUWB6 TSaADILSON $9 SUTRO
$At4 FRANCISCO 101 W BROAbWAY LO5 ANGl
SUITE 1800 WASHIN(
ORAWE SAN JOSE WALNUTCREbK 5AN OE.03. CA 8210l-S201
SACRAMENT6 TkL !&t91234-W FAX (81Q) 2338.8683
January 28, 1991
VIA TELECOPIER
Mr. Don Rideout City of Carlsbad Sr. Managferneast Analyst Growth Management Division 2075 Las Palmas Carlsbad, CA 92Q09
Re: Commun itv Facilities Distr-ict NO. 2
Dear Mr, Rideout:
I have been directed by the Ksl-Cal partnership, the 1 Family Carlsbad Partnership, the Kelly Family Trust, Mr, fi Allan 0. Kelly and the Kelly family relatives, a5 the owile' the following parcels, that the parcels would vote WYI on formation of the proposed community Facilities District No capital facilities. The owner3 are compiled to vote rlNO'I because of their uncertainty over development status of th parcles, the cost of the facilities and their concer'r, aver a source of payment for the taxes associated with these pa
The parcels include:
433 Acres comprising the Kelly Ranch owned by Kei-Cal park and the Kelly Family Carlsbad Partnerghip;
Parcel Numbers: 207 101-12
207 101-15
208 020-28
208 020-30
208 020-33
~1,'zq,q991 14:21 @bS S.D. 613 e 3 35 P.04
*
5
Mr. Don Rideout January 28, 1992 Page Two
246 Acres owned by the Kelly Family Trust::
Parcel Numbers: 168 050-03
168 050-26
168 050-06 168 050-07
168 050-25
109 Acres owned by the Kelly Family Trust and Brian and Ga Robertson:
Parcel Number: 168 050-01
For further discussion and infomation concerning ths Loregoing please contact the undersigned,
Very truly yours,
Paul R. Wwsehaar of counsel
@//@iZlf/
PILLSBURY MADISON & SUTRO
PWWJeam
GG: Stephen Bieri Brian Robertson Gary Robertson
--- -
. P. G31 81,'23/1991 14: 28 wl8S S.D.
< F,ls w535
P1LLSBGRY hlrlDiSDF & SUTRO
%?4 FWANCISCD 101 W. SROADWAV LOS ANI
SAMdOSK SUITE ~aoo W4bHlt
WAL,NUTCREEK 5AN OIEQO, CA 9270: S2P1 OAAHOI
SACRAMeNTO Wt (a?$, 23&6Mx, PAX 1fl141236 8683
f/ Date: &&,. JZ/f _--
/
FACSmIZE TRANSMITfa
TO:
11167 FROM: -SSENAAR USER NUMBER: --
Ffi NUMBER; YLV-/.f7 -
MAIN NUMBER: Y3 c/-Jf~~
FIEJe NUMBER; (Cliunt Matter} &..J-sk-A-dd - - -- dd 4
Number of pages, hcluding aver sheet: l
Our facbilc number is: (519) 236-1995
IF YOU HAVE NOT PROPERLY RECFB'ED Tm$ FACSLRlLE,
PLEASE CALL US AT (619) W45NO
Th& You.
SPECIAL INSTRUaONS;
operator: Time Scn?:
4 e 0
,*a* I
MLLSUURY MbLu1SON 6 SUTRO
CW Iryc wnrm WUW? unolrb0,Mwmm QW01
101 HI Ihp*pwAY Z%F0 wm LMCU WIUMtKIo ttL rmwnwwoa rAxJc(.1am-weJ
asnunry 30, 2993, -
Nrq bcrn RiQwUt city oi ~arimbad $re ~anagmmnt hnalyst drovth Mana cuaccnt Divierien
Curlabad, CA 92009 207s Lam Pa P m48
Rot "8. 1
Dosay Mr. Rideout:
I haw bean directed by the KQII-CI'~ partnership, *ha Rc F&Sily Carlsbad Fartnrrshi t the Kelly Fawfly Trmet, Mr. br I Allan 6. Kally and the Kel P y fawily relativas, as the wmri tha following arce18, thnt tha arcrle would v0t.s "NO" on 1
Capital LdOflitire. bacause 012 thdr uncertainty aver dav8,lo ment mtatue af tha
a soure+ PZ papant fwr tho trxrs assoaiated With th8se part
Tha parcelm include:
433 rtcraa oomprising the Kelly Ranch owned by Kml-CaI partnc ana thm Kelly Family Carlsbad Partnership:
ncres Parcel Numbw~: 207 101-12 - $2, 8~ 207 161-111 20a 020-28 333 59
208 020-30 G '56
768 020-33 48 2.C)
formation of t R e prapoard ~omun !i ty ~acilitier District NO,
par~lra, the wit Of' the facillticrcr ahd e h& uancem aver 1
The ownrru am samprlled to vote rlNO"
-
42770
c
* (* - - 2 e 6
?No Dan Rideout qanuary 28, 1991 Png. mo
246 Aerrlir awnad by th Rdly FdJy 1JPrustt
PWCal Humb8r8 : 148 050-05 Iq.Ic3
168 050-26 44- 11 168 030-06 I-?. I1 168 050-07 5 ?>71
168 050-35 e-G3 ''
a--wqg
Parcel Number: 168 050-41 IO91 (6
109 Aamr owned by thm Kdly Family Trurrt and Brian and 4 Robsrtaan t
For iurt;har di60li88iQXl &in8 lnfWl!Wion eOn08rllinq tl foregoing plearrs oontrot Wa undrrrfgnrd,
Paul R. Warmmrar Of CWn8.1 PILLSEURY HADT8PN L SWQ
PRM/mm
au: Itrphmn Bhri Brian RbM*lrOh taw Rob8rtran
i
, 0 c
PILESBURY MADISON @ SUTRO
SAN FRANCISCO 101 W BROADWAY LOS ANGELE
SUITE 1800 WASHINGTC ORANGE CO SAN JOSE WALNUTCREEK SAN DIEG0,CA 92101-8201
SACRAMENTO TEL (619) 234-5000 FAX (619) 236-8083
January 28, 1991
VIA TELECOPIER
Eir. Don Rideout City of Carlsbad Sr. Management Analyst Growth Management Division 2075 Las Palmas
Carlsbad, CA 92009
Re: Community Facilities District No. 1
Dear Mr. Rideout:
I have been directed by the Kel-Cal partnership, the Ke
Family Carlsbad Partnership, the Kelly Family Trust, Mr. & M Allan 0. Kelly and the Kelly family relatives, as the owners
the following parcels, that the parcels would vote vvNO1v on t
formation of the proposed Community Facilities District No. capital facilities. because of their uncertainty over development status of the parcles, the cost of the facilities and their concern over h a source of payment for the taxes associated with these parc
The parcels include:
433 Acres comprising the Kelly Ranch owned by Kel-Cal partne and the Kelly Family Carlsbad Partnership:
The owners are compelled to vote vtNO1t
Parcel Numbers : 207 101-12
207 101-15
208 020-28
208 020-30
208 020-33
7 e #
Mr. Don Rideout January 28, 1991 Page Two
246 Acres owned by the Kelly Family Trust:
Parcel Numbers : 168 050-03 168 050-25
168 050-26
168 050-06
168 050-07
109 Acres owned by the Kelly Family Trust and Brian and Ga:
Robertson:
Parcel Number: 168 050-01
For further discussion and information concerning the
foregoing please contact the undersigned.
Paul R. Wassenaar Of Counsel PILLSBURY MADISON & SUTRO
PRW/eam
cc: Stephen Bieri Brian Robertson Gary Robertson
e e
LUCE, FORWARD, HAMILTON & SCRIPPS
’&
A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORl’ORATIONS
FOUNDED 1873
SAN DIEGO REGENTS SQUARE I1 THE BANK OF CALIFORN 4250 EXECUTIVE SQUARE, SUITE 700 110 WEST A SIRE1
SAN DIEGO. CALIFORNl
(619) 236-1414
FACSIMILE
(619) 455-1354 LAJOLLA, CALIFORNIA 92037
Ronald W. Rouse (619) 455-6611
D~ot =Number
(619) 535-2605
January 29, 1991
DELIVERED VIA MESSENGER
Ms. Aletha L. Rautenkranz City Clerk City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008
Re: City-wide Mello-Roos Hearing January 29, 1991
Dear Ms. Rautenkranz:
Enclosed herewith please find the original and five (5) copies of a letter to be made part of the administrative record for tonight‘s hearing on the City-wide Mello-Roos program. Thi
letter is not intended as a protest letter.
member. Patchett, Elliott and Biondo for their information.
-
Please distribute copies to Mayor Lewis and each Council- Extra copies have been separately delivered to Messrs.
Thank you.
Very t ly yours,
Rchald \ ~&JLIJ, W. Rouse [Z LJc
of Luce, Forward, Hamilton & Scripps
RWR : ar Encl .
C : \DMSWwR .D I R\9001978. WP
+' e 6
LUCE, FORWARD, HAMILTON & ScRIpps
A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
FOUNDED 1873
SAN DIEGO REGENTS SQUARE I1
4250 EXECUTIVE SQUARE, SUITE 700 THE BANK OF CALlFORNl
110 WEST A STREE
MN DIEGO, CNIFORNI~ FACSIMILE.
(619) 236-1414 (619) 455-1354 LA JOLLA, CALIFORNIA 92037
Ronald W. Rouse (619) 455-6611
Direa =Number
(619) 535-2605
January 29, 1991
DELIVERED VIA MESSENGER
Mayor Lewis and Members of the City Council City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008
Re: Mello-Roos District Resolution of Formation
City Council Bearing Date - January 29, 1991
Dear Mayor Lewis and Council Members:
AS you know, we have acted as legal counsel for several of
the major commercial/industrial property owners in Zone 5. The
have asked that we submit this letter regarding tonight's heari
and request it be made part of the record. This letter is not
protest letter and is submitted in lieu of a formal presentatic
at the hearing itself.
-
It was just over five years ago this month (January 21,
1986) that the then City Council launched Carlsbad's Growth
Management Program by adopting a six-month development
moratorium. By the end of that six months, the Growth Managemt
Program was adopted and later that year, ratified by the Carlsl
electorate.
Since that time, the City and development community has
struggled to develop successful implementation and financing
e i LUCE, FORWARD, HAMILTON & SCRIPPS
Mayor Lewis and Members of the City Council January 29, 1991 Page 2
programs which are indispensable to the Growth Management
Program.
This historical perspective is relevant because it is
important to keep in mind that the adoption of a Mello-Roos
District Resolution of Formation is but one of a series of
actions and steps taken since January 21, 1986 which imposes
exclusively on new (future) development the primary financial
responsibility for paying the cost of upgrading existing public
facilities and infrastructure and providing the primary source
capital for all new and expanded public facilities. The propo:
Mello-Roos District is added on top of the other actions taken
including (i) the significant reduction of density throughout 1
city, (ii) imposition of the bridge and thoroughfare fees,
traffic impact fees and increased public facilities fees on ne\
development, (iii) establishment of high public facilities
standards and (iv) the requirement that new (future) developmei
fund and provide not only the additional facilities it will net
but a substantial rehabilitation and upgrading of existing
facilities for the benefit of the current residents of Carlsbac
and surrounding communities.
Initially, the Growth Management Program required each ZOI
to satisfy all of its public facilities requirements and to
develop appropriate implementation financing programs necessar:
to assure those facilities were available concurrent with futu
development.
As the Growth Management Program finally came into focus
late 1986 and early 1987, a number of the major developers and
implementation and financing aspects in order to make the prog
property owners in Carlsbad began to proactively address the
0 6 LUCE, FORWARD, HAMILTON & SCRIPPS
Mayor Lewis and Members of the City Council January 29, 1991
Page 3
work while spending thousands of hours and multiples of thousar
of dollars toward that end.
The major commercial and industrial developers in Zone 5
(Zone 5 Landowners) whom we represent formulated a comprehensiy
Zone 5 Financing Plan in a series of meetings and study sessior
throughout 1987 and 1988. That Zone 5 financing program incluc
provision for all of the public facilities and infrastructure
required for future development in Zone 5 through the year 200!
- and Zone 5 property's contribution to city-wide and regional
facilities. Notwithstanding the progress of the Zone 5
Landowners, the City put that Zone 5 program aside and since tl
time the City has focused its efforts on the formulation of thi
City-wide Mello-Roos Program now before you.
As you know from prior appearances before the City Counci:
and in numerous meetings with City Staff, the Zone 5 Landowner:
have remained proactive in an effort to ensure that the city-w:
financing program was both workable and fair.
In that regard, through the conscientious concerted effor-
of the City, its Staff and the Zone 5 Landowners (together wit1
their respective consultants) a number of refinements have beel
achieved to the betterment of the entire program. Those
modifications and refinements include: (i) the addition of
language to the Tax Rate and Method establishing the 65%
residential and 35% commercial/industrial facilities cost
apportionment; (ii) a reduction in the commercial and industri
maximum tax rates; (iii) a reduction in the maximum authorized
bond amount from $150,000,000 to $130,000,000; and (iv) the
inclusion of a commerciaUindustria1 developed land tax as an
alternate to the one-time developed tax.
without threatening the viability of the program.
These changes were m
W e LUCE, FORWARD, HAMILTON & SCRIPPS
Mayor Lewis and Members of the City Council January 29, 1991 Page 4
In addition to the foregoing changes which we understand i
incorporated into the specific language, throughout the course
discussions regarding the City-wide Mello-Roos District a numb(
of other important commitments and policies have been articula.
by the City. Included within this category of items is the:
(i) elimination of the Bridge and Thoroughfare District fee in
its entirety; (ii) reduction of the Traffic Impact Fee by
approximately 50%; and (iii) reduction of the Public Facilitie
Fee from its present 3.5% of building permit valuation to
approximately 1.8% of building permit valuation. It has been
clear understanding of the Zone 5 Landowners, and I believe we
can safely say all of the other affected landowners in the Cit
that the City has committed to making the fee reductions and
credits applicable to all properties who participate in the Ci
wide Mello-Roos District upon confirmation of the District.
Another factor that fits into this category is the City's
commitment to appropriately manage the construction program of
the City-wide Mello-Roos District based on actual development
absorption. In this regard, the City, at the various public
hearings and meetings, has consistently indicated its intent t
manage the timing and prioritization of projects based on the
level and pace of development, as well as the capacity of the
City-wide Mello-Roos District to finance a particular project.
Yet another category or classification of concerns
articulated by the zone 5 Landowners, and other property owner
throughout the City, have not been incorporated into the City-
wide Mello-Roos Program to date. While we all appreciate that
there can be a difference of opinion as to the fairness and
appropriateness of including one or more of the following item
well established legal principles as well as general principle
of fundamental fairness compel a certain level of assurances a
e e e
LUCE, FORWARD, HAMILTON & SCRIPPS
Mayor Lewis and Members of the City Council January 29, 1991 Page 5
guarantees regarding future development in return for property
owners placing a present and substantial special tax on their
property under the compulsory governmental and economic
circumstances that presently exist.
For example, it seems fundamental that in exchange and in
return for placing a special tax on undeveloped property, that
undeveloped property should have and receive fundamental
assurances that it can develop in accordance with the same
parameters, densities and intensities upon which the special t
and other develop exactions are based. There remains an
objectionable inconsistency in the refusal of the City to prov
any level of future development assurances, while at the same
time for all practical purposes compelling participation by
refusing to consider alternative zone financing mechanisms and
suggesting substantial further development restrictions in the
event the City-wide program is not adopted.
Likewise, in terms of the voting procedure, the early
materials distributed suggest certain non-tax paying
classifications of property are going to be able to vote at tk
special election, even though they are not going to be
"taxpayers." Such a result we believe would improperly dilute
the vote of the taxpaying landowners.
My clients are hopeful that the foregoing comments will r
be misconstrued. In important matters such as this, especial1
involving commitment to very substantial future special taxes,
some disagreement regarding all of the details of the program,
and the requisite assurances and commitments in connection
therewith, is not unusual. The Zone 5 Landowners remain hopef
that the potential problems can be avoided or otherwise overcc
w II) LUCE, FORWARD, HAMILTON & SCRIPPS
Mayor Lewis and Members of the City Council January 29, 1991 Page 6
and the City's Growth Management Program can be successfully
implemented in a fair and equitable manner.
{Very ruly yours,
l,1.' 'b of na d $A Rouse u* ZL?
Luce, Forward, Hamilton & Scripps
RWR:ar
cc: William P. McCubbin (Carlsbad Research Center) Dean Greenberg (Carlsbad Airport Centre) Paul Tchang (Carlsbad Oaks East) Howard Cornel1 (Morgan Palomar I) Don Means (Huntington Beach Company) Doug Ford Ray Patchett, City Manager
Jim Elliott, Finance Director Vincent F. Biondo, Jr., City Attorney
C : WMSWWR .D I W9001288.W
0 w
January 28, 1991
Aletha Le Rautenkranz
City Clerk
City of Carlsbad
Carlsb ad , California
City Cl'erk:
This letter is our response to the proposed formation
of the Community Facilities District. We own 3% acres
located at 4679 El Camino Real.
We wish to go on record as protesting this district
formation for the following reasons:
1. Annual cost of approximately $4500 which is about 4% times the current property taxes paid on the
property. Annual tax increases are permitted as
deemed ne ces s ary .
2. The landowner faces the approval process when
development occurs. Costs mag escalate beyond
the TTaluP of property/units during the lengthy
processing period. Also requirements for develop-
ment may change at any time during processing. We
have to face that under current conditions, costs
may exceed value.
We cannot afford Mello-Roos with such uncertain
conditions.
x* l/a;?.M.-- Since rely dwu-&
Marvin Sippel
Lucia Sippel
...b < w $$A
<Y
0
The Buie Corporation
'6925 '(VEST 8ERNAROO DRIVE, SUITE 200 SAN D'EGO CALiFORiL A 32127 1696 ifi19) 487 3050
1 January 24, 1991
4: c. , I! ./
VIA PERSONAL DELIVERY
The Honorable Mayor Claude Lewis
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, California 92008
and Council Members
Re: COMMUNITY FACILITIES DISTRICT NO. 1
Dear Mayor Lewis and Council Members:
This correspondence is presented to your Council for tl purpose of appraising you of The Buie Corporation's (llBuiell
concern with the proposed Community Facilities District No.
( llDistrictll ) .
Buie is the owner and developer of Carlsbad Highlands.
Carlsbad Highlands has an approved tentative map and Zone Plan, however, development of the property will require construction of Cannon Road. Construction of Cannon Road ai appropriate sewer facilities is a significant expense which will require the participation of all the properties benefitted by such improvement in the formation of an assessment district by the city. Because the formation of
the Cannon Road Assessment District may take many years to accomplish and Buie is precluded from proceeding with development until its formation we believe that it is unreasonable and unfair to subject the Buie property to the additional taxation of the Community Facilities District at
this time. This inability to develop the Buie property, duc to a constraint unrelated to the proposed Community Facilities District, forces Buie to object to the payment of
the annual tax currently recommended by City staff.
Buie supports the proposed Community Facilities
District, however, it is unreasonable and unfair to require properties which may not develop for an extended period of time, to support an annual special tax which is in addition
to the other costs associated with carrying such undevelopec land. As your Council is aware, the financial market is
0 ,L w
The Honorable Mayor Claude Lewis January 24, 1991
Page 2 of 2 ..
significantly constrained and the lack of availability of funds may prevent some property owners, including Buie, frc meeting such an obligation.
Buie has worked closely with City staff and your COUnC
in the preparation and implementation of the Cityls Growth
Management Plan. Buie's participation in City process has included numerous meetings concerning the proposed District In fact, on October 24, 1989, Buie went on record with City staff in supporting the concept of a city-wide Community Facilities District. At that time, Buie raised a number of
concerns which we believe have been addressed in the currer proposal. However, the issue of lltiming of development" he not been adequately resolved and requires your Council to
recognize that properties which are constrained from development should not be required to pay the special tax until such time as their development processing may proceed
Representatives of Buie will be present at your hearing of
January 29, 1991 to briefly address your Council and answer any questions you may have.
Sincerely yours,
Tzi.~&
ROBERT F. BUIE President
cc: Raymond R. Patchett,
City Manager Vincent F. Biondi,
, City Attorney
+'James Elliott,
Marty orenyak, Community Development Director Lloyd B. Hubbs, City Engineer Michael Holzmiller, Planning Director Charles R. Gill McDonald, Hecht & Solberg
City Finance Director
w e -,
' TheBuieCorporation
16935 WEST BERNARD0 DRIVE SUITE 200 SAN DIEGO CALIFORNIA 92127 1696
(619) 487 3050
January 28, 1991
Ms. Lee Rautenkranz
City Clerk CITY OF CALRSBAD
1200 Elm Avenue Carlsbad, California 92008
Dear Ms. Rautenkranz:
Attached is a letter to the Mayor and Council Members dated January 24, 1991 protesting the inclusion of the property referred to as Carlsbad Highlands (CT 82-12) in the Community Facilities District No. 1.
Please ensure that these letters are read into the record and
distributed to all council members at the noticed January 29,
1991 council meeting.
Thank YOU for your assistance.
Sincerely, &&&&5/kyqjj&$(
WALLACE J. McCLOSKEY Project Manager
WJM:mch Enclosure
cc: Charles R. Gill - McDonald, Hecht & Solberg
e % - The BuieCorporation
..
I
~593s :JEST a~=hr~ao= ca L 5 SL-T 230 Six OEG0 CAL FCRhA 32'2' '696 15'9) 47 :S5Q
* January 24, 1991
(-*; .* I
"4
VIA PERSONAL DELIVERY
The Honorable Mayor Claude Lewis
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, California 92008
and Council Members
Re: COMMUNITY FACILITIES DISTRICT NO. 1
Dear Mayor Lewis and Council Members:
This correspondence is presented to you Council for purpose of appraising you of The Buie Corporation's ("Buie concern with the proposed Community Facilities District Nc ("Districtn).
Buie is the owner and developer of Carlsbad Highland5 Carlsbad Highlands has an approved tentative map and Zone Plan, however, development of the property will require construction of Cannon Road. Construction of Cannon Road appropriate sewer facilities is a significant expense whic will require the participation of all the properties benefitted by such improvement in the formation of an assessment district by the City. Because the formation oJ
the Cannon Road Assessment District may take many years tc accomplish and Buie is precluded from proceeding with development until its formation we believe that it is
additional taxation of the community Facilities District t this time. This inability to develop the Buie property, ( to a constraint unrelated to the proposed Community Facilities District, forces Buie to object to the payment
the annual tax currently recolamended by City staff.
District, however, it is unreasonable and unfair to requii properties which may not develop for an extended period 0: time, to support an annual special tax which is in additic to the other costs associated with carrying such undevelo] land. As your Council is aware, the financial market is
unreasonable and unfair to subject the Buie property to tl
Buie supports the proposed Community Facilities
v * m w ..
r
The Honorable Mayor Claude Lewis January 24, 1991 Page 2 of 2
significantly constrained and the lack of availability of funds may prevent some property owners, including Buie, fro] meeting such an obligation.
Buie has worked closely with City staff and your Counc. in the preparation and implementation of the Cityfs Growth Management Plan. Buie's participation in City process has included numerous meetings concerning the proposed District In fact, on October 24, 1989, Buie went on record with City staff in supporting the concept of a city-wide Community Facilities District. At that time, Buie raised a number of concerns which we believe have been addressed in the curren proposal. However, the issue of "tinting of development" ha: not been adequately resolved and requires your Council to recognize that properties which are constrained from development should not be required to pay the special tax until such time as their development processing may proceed Representatives of Buie will be present at your hearing of January 29, 1991 to briefly address your Council and answer any questions you may have.
Sincerely yours,
-4-L
ROBERT F. BUIE President
cc: Raymond R. Patchett, City Manager Vincent F. Biondi, City Attorney
James Elliott , City Finance Director Marty Orenyak , Community Development Director Lloyd B. Hubbs, City Engineer Michael Holzmiller, Planning Director Charles R. Gill McDonald, Hecht & Solberg -
.J H IY - L -3 - '5 1 I CI E 1 72- z BUIE COEFOF 0;sj +* L-lIci-H 1%
TRE BUI3 CORPORATION
10935 West Bernardo Drive Suite ZGO
Ssn Diego, CA 92127
FAX $ (619) 485-7420
(619) 487-3050
FAX TWSMISSION
DATE : I-ac/ -gi
TG: LJf?e WmLrfim7,
, COM?ENY: s j4-y C3-F car- l5b*d,
PROM:
REGAXJING:
---
-
TCTAZ # OF PACZS, INCLUDING TEIS PAGE: 5,
If you cia not receive all of th not legible, p1ea.e notify
irmediately at (6191 487-3050,
ages,, *r if +,hey are -
7
w I.+
-d--.= -- -A I -- I n7A-r .s.uJ.c r,s-,~rl-,~-H I '.
TheBuieCorporation
IC-~Y~ t,rsi p: z-,;.qpj :Q ": SU TE 203 5PN DlGO CS tCf?k,*lX':'~G?t 1613) 487 3biS
--I- c ___- - -- -- - .. ----
January 29, 1991
l3xPEBSONAE-
Ms. Lee Rautenkranz
City Clerk, city of CarLsbad
1200 Elm Avenue Carlsbad, California 92008
Re: Community Facilities District No. 1: Protest CftlpCOUnCilhgendapfm29,=
Dear Ms. Rautenkranz:
The Buie Corporation, owner of CarLsbaCI Highlands (CT 82-12 has already filed a written pmtest regardfng the above proposal. This letter should also be enterea into the xecO of the hearing and distributed to the Mayor and Council as clarifies the Basis for Suie's earlier letters, All letter
earlier letters for your reference,
The bash of Buie's protest is that the annual charge will imposed on Carlsbad Highlands, even though the City is preventing Buie from develaplng the property, as long as no building permits are issued, The charge is thus imposed on properky that cannot and will not benefit from ft (and, in fact, is prevented from benefitting). This denies Buio the
income it needs to pay any charge and gives the City an incentive to cont.fnue to prohibit development of the property, The charge is thus not imposed unJformly or on t district which will approve it, or equally on properties th are similarly-situated with regard to developmenk potential and facilities impact. The charge exceeds the amount neede ta mitigate impacts caused by Carlsbad Highlands and Bs unreasonable.
Bwie still supports the establishment of the District, Sui
does, however, object to the timing of the annual charge as
ft relates to Buie's property* Thank you for ymr assistar; in entering this in the record.
Sincerely,
together fom BuWs protest, I have enclosed copies of th
UWW* /~~
WALLACE 3, NcCLOSKEY Project Manager
WSM : mch Enclosures
.) w I..' .-I ~r-+-~7- 9 I I ut I ryi + PIJ i t ILI-IKI-I.-I+:~ i
The BuieCcrrporation
$6325 *"JEST Bi22AACC CRiV!
SAN 31E60 CAL rCRb+ 8 92i27 :690 $u TE 200
(613) le7 3950 - c .I.
c+ . C" I 2) January 28, 1991
Ns, Lee Rautenkranz city Clerk CITY OF CALRSBAD 1200 Elm Avenue Carlsbad, California 92008
Dear Hs. Rautenkranz:
Attached is a Letter to the Mayor and C~uncil Eiombers dated January 24, 1991 protesting the inclusion of the property referred ta as Carlsbad Highlands (CT 82-12) in the Cornmunit Facilities District No. 1.
Please ensure that these letters are read into the record an distributed to all council members at the noticed January 29
Thank you for your assistance.
Sincerely,
1991 council meeting.
d&fM,
WALLACS J. McCLOSKEY Project Manager
WJM:mch Enclosure
cc: Charles R. Gill - McDonald, Mecht & Solberg --
.I ,. P
w bl
JAH--29--91 TUE 17F15 BL~IE ~1~~~~~Rfi-,-
c
The BuieCclrporation
(La Y€ !CU '6'135 r'm: ai;wmo CR ve
49 Lar WSQ 51.h QEOQ CA: FCRXli S,'73: 9638
I' January 24, 1991
'i t-. b -. #
VIA PERSONAL DELIVERY
The Eonorable Mayor Claude Lewis
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008
and Council Members
Re: CO?MU?SITY FACILITIES DXS1CRZCI! NO. 1
Rear Mayylar Lewis and Council Members:
This correspondence fs presented ts yaur Council frsr tl purpase of appraising you of The Bule corporation's Et1Bufet1: concern with the praposed Cornunity Facilities District: No, (flDi&riCt")
Buie is the owner and develcper of Carlsbad Xighlands. Carlsbadl Highlands has an approved t~~t~iti~e map and Zone Plan, EI+QweVer, development of tihe prsperty will requfre constructfan ~f Cannon Road. Construction UP Cannon Road ai appropriate sewer facilities is a slgnificank expense which will require the participation of a31 the properkies benefitted by such improvement in the fomatforr of an assessment district by the City. Because the formation of khe Cannon Road Assessment bistrfct may take many years to accomplish and Buie is precluded from proceeding with development until its formatian w8 believe that it is unreasonable and unfair to subject the Buie prcperty to the additional. taxation af the Cornunity Facilities District at this time. This inability to develop the Buie prcperty, du to a constraint unrelated to the prspased Community Facilities District, forces 3uie to object to the payment c thg annual, tax currently recamended by City staff.
Buie supports the proposed Community Facilitierj District, however, it is unreasonable and unfair to requfra properties which may not develop for an extended period of time, to support an annual special tax uhich is in additior
to the okher costs asscciated with carrying such undevelopc land. A5 your Ccancil is aware, the financial market is
e- --' n'y-Ly-y 1 TUE 17- 6 EU 1 E C ,~~&:P~~:~~-+T
*r 'c
%
rnb& -* k:&Gakk Mayar siaude LewL
January 24, 1991 Page 2 of 2
significantly constrained and the lack crf availability of €unds may prevmt some property Owners, including BUie, fro1
meetinq such an obligation,
Buie has worked clasely with City staff and your Counc: in the preparation and implementation af the City's GrFWth Managsrnent Rlan, Buie's participation in City process has Oncludeci ntlnerous meetings concerning the propased District< In fact, cn October 24, 1989, Buie went an record with City staff in supparting the concept of a city-wide Camunity Facilities District. At that the, Buie rahxi a number af concerns which we believe have been addressed in tho currcnl proposal, However, the issue of YAmhg of development* hac not been adequately resolved and requires your Cauncil to recagnize that properties which are constrained from development should not be required to pay the s>zEE~?'z:. tax until. such time as their development processing Z*-J proceed, Representatives of Bufa will be present at yo~r ?&ring 00 January 23, 1991, to briefly address your Council and answer any questions you may have.
Sincerely y~urs, -L?z-& P7-L
ROBERT F. BUIE President
cc; Raptcarad R, Fatzhett, City Manager Vfncent F, Biondf,
City Attorney James Elliott,
City Finance Director Marty Orenyak, Community beveloprnent Director Lloyd B* HUbbS, City Engineer Michael Molzmiller, Planning Director Charles R. Gill
McDonald, Hecht C Solbcrg
0 ?r
The BuieCorporation
16935 WEST BERNARD0 DRIVE SUITE 200 SAN DIEGO CALIFORNIA 92127 1696 (619) 487 3050
January 29, 1991
- BY PERSONAL DELIVERY
Ms. Lee Rautenkranz
City Clerk, City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
Re: Community Facilities District No. 1: Protest
City Council Acrenda of January 29, 1991
Dear Ms. Rautenkranz:
The Buie Corporation, owner of Carlsbad Highlands (CT 82-12), has already filed a written protest regarding the above proposal. This letter should also be entered into the record of the hearing and distributed to the Mayor and Council as it
together form Buie's protest. I have enclosed copies of the
earlier letters for your reference.
The basis of Buie's protest is that the annual charge will be imposed on Carlsbad Highlands, even though the City is preventing Buie from developing the property, as long as no building permits are issued. The charge is thus imposed on a property that cannot and will not benefit from it (and, in fact, is prevented from benefitting). This denies Buie the income it needs to pay any charge and gives the City an incentive to continue to prohibit development of the property. The charge is thus not imposed uniformly or on the district which will approve it, or equally on properties that are similarly-situated with regard to development potential and facilities impact. The charge exceeds the amount needed to mitigate impacts caused by Carlsbad Highlands and is unreasonable.
Buie still supports the establishment of the District. Buie does, however, object to the timing of the annual charge as it relates to Buie's property. Thank you for your assistance in entering this in the record.
Sincerely,
clarifies the basis for Buie's earlier letters. All letters
kihmCW lqcft WALLACE J. McCLOSKEY Project Manager
WJM : mch Enclosures
e w
0
*/p&y=-se% fL
// b&eL&/?y /*
0
s v e c '&k v &I.
c
TERRELL WATT, AICP PLANNING CONSULTANT 1767 UNION STREET SAN FRANCISCO, CA 94128
1416) 6634643
FAX (415) 663.8701
Ah1 RE -
January 28, 1991
BY FacSLi?J&&
City of Carlsbad
Office of the City Clerk
1200 Carlsbad Village Drive Carlsbad, CA 92008
*.
Mayor Lewis and Members of the Carlsbad City C0UnCil
RE: Proposed Establishment of a Community Facilith District
Dear Mayor Lewis and Members of the City Council:
This letter is submitted on behalf of Project Future, a organization committed to the preservation of the specia qualities of Carlsbad. The purpose of this letter is to reiterat
the reasons why Project Future opposes the establishment of Community Facilities District at this time, In submitting thi
letter, we incorporate by reference our prior letters on th proposed Community Facilities District including but not limit€!
1990 and August 8, 1990.
Summarized briefly below are the major reasons for Projec Future's opposition to the formation of the Community Facilitie District:
The proposed project is likely to result in significant adverse impacts including but not limited to th inducement of substantial growth, extension of publi infrastructure with capacity to serve major ne development, the conversion of open space t development, degradation of air and water qualit associated with major new development and additions traffic associated with new development. These an other impacts of the project must be addressed in a Environmental Impact Report. The negative declaratia prepared forthe project is insufficient and inadequate
2. The proposed project is inadequately described
Proposed facilities to be paid for by the District ar
only generally described. A complete description of a1 facilities and their respective capacities must k identified in the proposal. Absent full disclosure c the nature of the facilities to be completed, the publi is uniformed about the true effects of the proposal.
to our letters to the City dated December 11, 1989, January 20
1.
3. The general plan for the City is currently being
4 7 0 .
~ayox Lewis ana Members of the council January 28, 1991 Page 2
updated. Yet, in the absence of the updated plan, thc City is going forward with a proposal to raise funds tt build infrastructure to serve the ultimate buildout ol
the City; a buildout which absent the general plai update cannot be known1 The proposed formation of E Community Services District should await the completior of the general plan update.
4. Absent the completion of a legally adequate genera; plan, the proposed Community Facilities District cannol
be found conshtsnt with the City's general plan. I: addition, Project Future is concerned that thr establishment of the District will effectively 11vmtl large scale development before the desirability of sucf
development can be reviewed as part of the general plai update. This issue should be clarffied by the City Attorney and the resolutions approving the formation of the District rshould reflect the fact that development rights are not locked in with payment into the District, if true.
For these and the reason6 stated in our earlier submittals, Project Future requests that the City postpone the establishment of the Community Facilities District until an EIR is prepared and a legally adequate general plan is adopted.
Very truly yours,
Terry %ze
-_
~ .t 7 0
b
TERREZL WATT, AlCP PLANNING CONSULTA"I'
1767 UNION STREET SAN FRANCISCO, CA 9412Q -
(416) 663-0649
FAX {416l 563-8701
DATE
NUMBER OF PAGES (including cover) 3
TIME 6: 00
TELECOPIED TO: v
(?Ah, (!AWL&. &bA
FAX NUMBER:
%A -SYi,I
OUR FAX NUMBER IS 415-563-8701
If there any problems with this transmission call: 415-563-0543
MESSAGES :
w
2076 Sheridan Road
Leucadia, CA 92024
January 29, 1991
The Honorable Buddy Lewis
Mayor of Carlsbad
1200 Elm Street
Carlsbad, CA 92009
Dear Mayor Lewis:
Thank you for this opportunity to comment.
Since this is also my first time to in front of city counci
since the recent election, I would like to congratulate you an1
Councilwomen Nygard and Stanton for winning your elections. Yo]
have been chosen to lead this city in the way the citizens havl
mandated; that is, by managing growth.
That is why this hearing on Mello-Roos is of such great importanl:
Remember, Mello-Roos is nothing more than a way for developers tc use the credit of the city to borrow money to fund the
infrastructure mandated by the Growth Management Plan so that
they can continue to build houses. The Mello-Roos tax district
is a development facilitating growth inducement.
If passed, the proposal before you will end your control ovei
Growth Management and will lock in an outdated General Plan
written even before some areas of the city were annexed. In a13 instances, the densities that are calculated for undeveloped areas and upon which these areas will be taxed have not beer
subject to General Plan review through public hearings since 1974, even though state law requires a General Plan review everj
five years.
The General Plan has never been subject to an Environmental
possesses rare natural resources of regional and international
significance: wetlands, endangered species, threatened plants and
wildlife. In fact, the status of the gnatcatcher, right now,
threatens future development all over San Diego County and
particularly in Carlsbad and other coastal regions.
Another threat to development and thus to the Mello-Roos taxation
plan is the decline in real estate values. In Orange County, the
William Lyon Company recently tore up a development they had
already started to build, and went back to ask for increased
density. They could not make a profit on the approved densi-
ties. How dense will their Carlsbad development have to be in
order for them to make a profit after paying Mello-Roos taxes. What about other developers?
Impact Report/Statement e Yet, the City of Carlsbad proudly
0 w *
In good times, when real estate moves fast and values arc
inflating, debts are easy to pay and Mello-Roos looks viable. I> times like these with values deflating, banks collapsing
developers going belly-up, builders forced to sell ne1
construction at auction, unemployment rising and our nacion a war, I believe this council should realistically examine a worsi
case scenario. How much debt does the city feel ready to taki
on? And for how long?
Planning a development and gaining city approval is a tim
consuming process and many pitfalls lie in wait. The decline i
real estate prices may last long enough to cause developers t
walk away from their debts. If so, the city and citizens o
Carlsbad are liable for the Mello-Roos debt burden.
If the landowner can't pay Mello-Roos taxes and the cit con$fJcates the property, what guarantee do you have that th
property is sellable for the amounts owed against it? So far, i
has been S & Ls and Banks that are stuck with over-value
property. It could be Carlsbad.
And what is the scenario for the small landowner in Carlsbad wh
planed to build his dream home on that empty piece some day, o wait to sell it for retirement income, or even more likely
already retired, he's keeping it as his "ace-in-the-hole"? If i
is zoned for high residential densities, his taxes will increas
to $2900 per acre per year. After five years, he has droppe $15,000 into that property without having improved it one whit
How much longer will it remain undeveloped? How much longer ca
he afford to hold it? Not long.
Nor can any landownder in undeveloped Carlsbad. Time is of tl-
essence in real estate. No developer will sit on a piece c
property while taxes increase to eat his profits. Mello-Roc thus threatens to speed development, not only by using the city'
credit to back the developer's loan, but by pressuring tt
developer to get out from under his Mello-Roos payments befo:
they begin to bury him, to build and sell as fast as he can ai
pass that tax burden on to his customers.
Is this your idea of a proper way to manage growth?
Have you seriously and personally considered these dangeroi
aspects to the Mello-Roos plan of aiding development by allowii developers to use the city's credit? Mello-Roos is a gia
step. Once you have formed this district and begun to sell bond,
you have given up your control over growth.
I ask you to postpone this decision until after the pendi
public review of the General Plan and a comprehensive EIR/EIS.
n
5 w 0
PHONE CALLS AGAINST MELLO-ROOS
JANUARY 29,1991
Michael and Helen Kapnas
3273 Avenida Anacapa
Carlsbad, CA 943-1 262
Renata 6. Mulry
2350 Rising Glenn Way Carlsbad, CA
Anna Caples
31 17 Vista Rica
Carlsbad, CA 92009 436-6177 No more growth with water shortage
Robert and Helene Panell
2954 Cape Cod Circle
NO more growth with water situation
Carlsbad, CA 434-3656
Mo Kimble
1623 James Drive
Carlsbad, CA 729-8578
O.B. Adarns
7043 Alicante Rd.
Carlsbad, CA 438-231 4
0 ,' w
PILLSBUIWY MADISON li? SUTRO
101 W BROADWAY !-OS ANGE WASHING
ORANGE C
SAN FRANCISCO
SAN JOSE SUITE 1800 WALNUTCREEK SAN DIEGO, CA 92101-8201
SACRAMENTO TEL (619) 2345000 FAX (619) 236-8083
<-. -- 7
-. ,.m.$ <
-4 _.
-I -- ~ January 29, 1991
<-
VIA TELECOPIER L 7- -- . ~
"*.X -3
Ms. Aletha Rautenkranz City Clerk City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92009
Re: Community Facilities District No. 1
Dear Ms. Rautenkranz:
Enclosed please find a copy of a letter sent to and rec by the City of Carlsbad on January 28, 1991. The statement
the parcels would vote trNOrr to the formation of the Communit Facilities District No. 1 is a protest of the formation of t Community Facilities District No. 1 on the current basis.
/25$-ug7rsf -
Paul R. Wassenaar Of Counsel PILLSBURY MADISON & SUTRO
PRW/eam
FIELSBURY MADISON Q §UTRO
LOS ANGELES SAN FRANCISCO SAN JOSE SUITE 1800 WASHINGTON, DC
ORANGE COUNTY WALNUTCREEK SAN DIEGO.CA92101-8201 SACRAMENTO TEL (619) 234-5000 FAX (619) 236-8083
101 W BROADWAY
January 28, 1991
VIA TELECOPIER
Mr. Don Rideout City of Carlsbad Sr. Hanageirient Azalyst Growth Management Division 2075 Las Palmas Carlsbad, CA 92009
Re: Communitv Facilities District No. 1
Dear Mr. Rideout:
I have been directed by the Kel-Cal partnership, the Kelly Family Carlsbad Partnership, the Kelly Family Trust, Mr. 61 Mrs. Allan 0. Kelly and the Kelly family relatives, as the owners of the following parcels, that the parcels would vote @@NO1@ on the formation of the proposed Community Facilities District No. 1 for capital facilities. The owners are compelled to vote rlNO1@ because of their uncertainty over development status of the parcles, the cost of the facilities and their concern over having a source of payment for the taxes associated with these parcles.
The parcels include:
433 Acres comprising the Kelly Ranch owned by Kel-Cal partnership and the Kelly Family Carlsbad Partnership:
Parcel Numbers : 207 101-12
207 101-15
208 020-28
208 020-30
208 020-33
w
, m w
Mr. Don Rideout
Page Two January 28, 1991
246 Acres owned by the Kelly Family Trust:
Parcel Numbers : 168 050-03
168 050-26 168 050-06
168 050-07
168 050-25
109 Acres owned by the Kelly Family Trust and Brian and Gar Robertson:
Parcel Number: 168 050-01
For further discussion and information concerning the foregoing please contact the undersigned.
Very truly yours,
Paul R. Wassenaar Of Counsel PILLSBURY MADISON & SUTRO
PRW/earn
cc: Stephen Bieri Brian Robertson Gary Robertson
@ 0 c -7. E. 942a=-czd -,
z
- -- __ - G!& e -K-63_oc.t
- - - - ck&-m?Qa - - - - c3.7; - --
__ - &?M - __ __ __ __ &-'W -- .- --- I __ - - - - - - - --
- - -_ - - -
-_ -- - - n 1 ek(+A L -K+-peai<a-z- _. - - -__ -.
- ____ __ - &?s&w C(.~.Cfe% - - __ - _. - - - ~---
- _- - - - - - - -- - _.__ _____ ___ __- - - ---
- /Urnu.o&U~q wrY!% /4rwu' c?!&dS - W-p d<- ~
&l* Q&y _7Jiw - zl5 b kcz 7-9 - 7& *KT_ ??e .----
"Bse .r - ___ -
&U4LJ-'Q/J ozf -LiQ-Qlu.ry 4-CIL/T(PJ &ST +?/a
- __ _-_ - - _- - - - - -- -
- _.- - - II TBe-LeGL- Cd3CfWQ:d G &/r/ &d ydd -,&dUY--nh
- - m - y- /L ~OBLI&9 vio~LLc/lm4/A/-
fk7fiXW 2?pz.4-- B0d4JQ-447Sc - -
2, IF- #k? A@fl@-AQg pem- &Y7zU&J-w*s--- La /A
PeFLq /9/[-7& y&K /22-)0-- Ukdd -/a&&- -72 /?
yZ5 @fW- 7T /J &he- 722 -z&- &-dd&-
A+?+ T&fl*e /s-ff -'7"&cc. w--E J-.&idLO /5 @* )
-- --
-- _- - - - - __ -- --
- -J@!!F?W fo v_s E.__ &4/ --z4&-p&.&x&L,-- - - --
____ - ___ - - - - -. -
___ - - 3.P- __ - - &Y4% - ___.____-- ~mt*C,+e~ - - &--&+uL.twa
- p( 6 dcw-+$f f472-CL WJ - JJP?% e- @c T@&S- A.4
h- 3Q;, /!??---Ea /M*~G~W~e-/e/@--e
po&Y(@/L4q& & c&- $-?&A,- - 1-f &-- ad&-& --THA*-o-6
-. _- - __- - - - -- --&6?&
- _- __ - - _-
---w 0 .I .L c-& ./ ; w4-.=.-% (2,::
.-
L
1- 2359 Pi0 Pic0 Dri
Carlsbad, CA 920 ,
January 2419
The Honorable Ann Kulchin
Council, City of Carlsbad
1200 Elm Avenue ~
Carlsbad, CA 92008
Dear Mrs. Kulchin:
Again, may I request your attention to my opposition to the Mello-Roos Community Facilii Dis t r kt.
A small landowner, I have owned and have paid taxes on the same 1.27 acres in Zone 1
40 years. Now retired, this acreage is possibly my final financial recourse in the more-than-lil
event of disastrous medical expenses as I grow older. Should you approve Mello-Roos Districts
the entire city, your actions will jeopardize my old-age security and savings. Mr. Orenyak, Commu
Development Director, in a letter to me dated July 1990, stated the Mello-Roos was unreason:
for small landowners.
I am increasingly concerned:
- Articles written by local newspaper writers expressed that the City intends to inch
- Control by large landowners over small landowners (one vote, each acre)
- Unnecessary projects allocated in Mello-Roos Districts for equipment, supplies, a
employee expansionism and raises because of money available in a "pot"
- Uncontrolled future city spending without on-going voter and residents approval
In a time when the economy is depressed, war is present, banks are in trouble, resident
not need uncontrolled expenditures, Le., a tax-supported golf course, revamping Ocean and Carl
Boulevards, and similar unessential projects. Two golf courses are already operative, one additi
one (Aviara) is being built. Additional golf courses should be encouraged to be financed by pn
enterprise with the golfers paying for services. City golf courses are always financial losers.
Service uses all such tax-supported enterprises as a windfall, for additional personnel, added I
and benefits, and overtime excuses.
the entire city, sooner or later, in the Mello-Roos districts
Without being totally negative, I must commend the City for at least two excellent pro.
an outstanding downtown library staff and facility; and the walkway and beach along Car
Boulevard used by so many youth, surfers, seniors, visitors, and working residents. Hundreds (n
thousands) of people use both facilities daily.
Background
July-August, 1990. I directed a letter of opposition to City Council members on July 13
(copy enclosed). My elected representatives did not answer but turned my letter over to h
W 0
L'
Mrs. Ann Kulchin
January 21, 1991
Orenyak, Community Development Director of the City, to respond, which he did on July 27, 199
Mr. Orenyak stated specifically that Zone 1 in which I live was not proposed as a part of the distri
and that no notification of landowners in Zone 1 was required. In addition to stating my oppositic to Mello-Roos Districts, I stated that I have not received notice of any hearing. From his letter
quote: .*
Landowners with property in Zone 1, such as yourself [Mrs. Dresselhaus],
were not directly notified of the Mello-Roos program, because Zone 1, as an infill
area, would be exempt from participating in the district. Instead, the City will
system. Additionally, the City believes it would be unreasonable to require very small
landowners to participate in such a complex financing program.
conhizue fo require Zone I landowners fo make paymenr via the Pay-As-You=Go
In an article in the San Diego Union, July 11 (P B-4), its writer stated:
According to [Jim] Elliott, Carlsbad proposed Mello-Roos program differs
from others, which normally involve only a few property owners. Carlsbad's district
could involve several hundred.
According to Doug Desjardins, a staff writer in the Carlsbad Journal, July 12, 1990:
Approximately 185 landowners would be involved in the voting . . . . on
a one-acre-per-vote basis.
December 1990. Again on December 13, 1990 in the Carlsbad Journal, a statement wril
by Mr. Desjardins negates Mr. Orenyak's statement above:
The City Council Tuesday voted 5-0 to approve in concept the formation
of a Mello-Roos Community Facilities District for the entire city. . . .
Landowners have one vote for every acre of land they own. . . A Mello-Roos
would assess an annual tax to the owners of undeveloped land and one-time
assessment when the land is developed.
Points
as a means of skirting around the mandate of Proposition 13. Carlsbad is
0 I strongly object to the use of Mello-Roos as a means of taxation and
overly ambitious in accelerating taxes for future projects, not necessarily
approved by the residents.
0 The Mello-Roos was originally slated to help collect from those who
would benefit from the development (developers and residents). The
Carlsbad City apparently intends to penalize all acreage owners; and, at that,
provide the large landowner (or developer) with intense power over the small
landowner--one vote per acre.
, w 0 I.
Mrs. Ann Kulchin
January 21, 1991
e Mr. Orenyak, City of Carlsbad, clearly stated in his letter to me that the
City believes it would be unreasonable to require very small landowners to
participate in such a complex financing prdgram.
Mellq Districts for the entire City? An annual tax for every acre?
Looking at your published rate chart, it appears to me in the complex rates,
the estimated City annual additional tax (beyond what is already taxed by the
City and County) on my property would be $300-$400, plus $4,000 for a one-
time permit to improve my old house? That is unconscionable. I have paid
for 40 years for the improvements I enjoy. Let new owners do the same.
e
e A Mello-Roos would assess an annual tax to owners of undeveloped
land, fencing in the small land holder to help finance the developers.
0 I strongly object to any Council action that would penalize old-time
residents and force Carlsbad senior citizens to finance the residences of
younger people with a future life to live. We, who helped to build and
finance this city, Carlsbad City residents, who still hold small acreages should
not be taxed to provide services to new Carlsbad developments.
e There appears to me to be a ego-motivated element involved. Some
city employees must wish to receive personal accolades for developing
outstanding, delightful overdeveloping projects while depleting taxpayers'
estates: i.e., extending city operations almost in to San Marcos; developing
the Carlsbad BeacWCarlsbad Boulevard into a park replete with "art works."
At a time when a national push has been extended to provide young
people with laudable activities, the Carlsbad City Council votes to remove
one such outstanding young people's meeting place. The Carlsbad and
Ocean BouIevards project removes one such socializing place, which is a
natural, healthy habitat for surfing.
My husband or I am at this location nearly every day. The young
people congregated there are courteous and pleasant as they prepare their
surfboards-not rowdy. Shame on you for placing this obstacle for
socialization.
There is no place for young people to get together, to talk to one
another, to do what teenagers have done since you and I and children of
Socrates' age were young--and I enjoyed these area beaches as a teenager
myself. Now few, if any, places are left in Carlsbad, without the teenagers
being hassled. Take a drive around yourself. Where can the young people
go after school hours? Your emphasis is morally wrong. More attention
should be given to providing controllable places for these young people to
congregate.
0 -.
q-
Mrs. Ann Kulchin
January 21, 1991
On December 27, I wrote to Joel Fox, President of the Howard Jarvis Taxpayers Associati
for clarification and assistance.
January 4, 1991. The City's Notice of Public Hearing on Intention to Form Commun
It. . . Any protest may be made orally or in writing. . .All written protests shall be filed with the C
Clerk of the legislative body on or before the time fued for the Public Hearing."
Facilities District and Authorize Special Tax was published in the Curlabad Journal, January 4,P
Therefore, I am submitting this written protest against any form of Mello-Roos being initia
by the City of Carlsbad because of the added taxation and potential abuse of tax monies and
financial interest it would carry.
January 9,1991. I received a reply from Joel Fox, President of the Howard Jarvis Taxpaj
Association. A copy is enclosed and excerpts are:
When Mello-Roos Community Facilities Districts became legal in 1983,
they were intended as a way to collect from those who would benefit from
development--builders and the new residents-the related costs for
infrastructure improvements that would otherwise be borne by the entire
community [which is what your proposed Mello-Roos district would saddle
us with].
Any type of tax can be imposed in a Mello-Roos district as long as the
tax burden can be evaluated at the time of voter approval and it is not levied
against property values. Unfortunately, the flexibility that was initially seen by
many as a virtue of Mello-Roos, has allowed it to be twisted and abused. It
can be designed so that it closely mimics property taxes, and in these cases, I
would agree that Mello-Roos has been used as another one of the legal
techniques to get around Proposition 13.
Conclusion
I strongly object to the City Council's approval of or initiation of any Mello Roos Dist
within the bounds of the City of Carlsbad. I urge the community to stop this matter before the
Council acts upon this abuse.
I ask you as a responsible Council member to withdraw your support of Mello-Roos Distr
I ask you also to be responsive to the long-time residents who were founders of this City
withdraw your support for Mello-Roos Districts. The proposal as presented is too complex, wit
adequate controls--simply bad legislation.
The methods of collecting taxes and disbursing money with Mello-Roos Districts are too 1(
too general, to ever be fairly accounted for by civil servants. There is no provision for reservc
be held back for the last parcel to be developed. To do so, would call for a sinking fur
perpetuity to be established.
. . w 0
2359 Pi0 Pic0 DI
Carlsbad, CA 921 c+\ July 13, 1
The Honorable Eric Larson
Council, City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Larson:
OPPOSITION TO SPECIAL TAX ON UNDEVELOPED LAND
I am strongly opposed to the City Council approval of and the City of Carlsbad assessir
yearly fees to property owners even before the land is developed.
(1) Owners of homes in years to come should bear their own share of the cost of cit
expect us to provide for future services to an unyet maximization of housing peo
in the City of Carlsbad for which developments there will, apparently, not be a
source of water.
Those of us who have been landowners in the past have borne our own share of
increased city service costs, particularly those of us in Carlsbad City proper. The
growth has been south and extended inland through LaCosta. Perhaps the costs
should be borne by the users (62,000-square-foot library in La Costa, $23 million
toward city hall improvements in LaCosta, $30 million on interchanges at La Coc
Avenue, Poinsettia Lane, and Palomar Airport.)
Putting City buildings, in the guise of centralizing City operations, relocates
operations and costly expenditures to the newly developed areas south and inlan Carlsbad Proper, the old city, and its citizens, including me, are aghast that you 1
moved. The reference library should remain in the location that city fathers
designated.
This taxation would be contrary to the provisions under Proposition 13. Your
transgression would certainly call for we supporters of the Gann-Jarvis Propositi
to resort to expensive law suits and unnecessary fattening of greedy attorneys.
No notice of a Council hearing was provided to me, a 1.3- acre landowner. All
landowners should be notified by mail in ample time for an official Council hear
on this proposed 10,261-acre "Mello-Roos" community facilities district. We
vigorously oppose this facilities district.
The Carlsbad Journal (July 12) indicated that 7 landowners attended a Council
hearing about this taxation. Then only 7 out of the 185 landowners (according
Blade-Citizen, July 11) were aware of this hearing.
services, whether when purchased or developed. It is unfair and unreasonable tc
(2)
(3)
0 . w 0
City Council
Page 2
July 13, 1990
(4) One vote per one acre of land would be grossly unfair to the small landowner.
Large landowners would control the vote. This vote in my mind is contrary to the
ConstitSon of this country, to provide equal opportunity for all.
If the City wishes to expand to a buildout population of 135,000 (Carlsbad Journa
from its present population of 62,000 (Blade-Citizen), make it easier for any of us
small landowners, who do not have the resources nor expertise, to subdivide our
own land.
During the past few decades, my property has been down zoned and placed in a c
category of Zone 1--with a density of 3 units per acre, without proper notification
me. In earlier years, 6 units were acceptable. City planner concepts are disastrol
to us long-time landowners.
Personally, I would like to divide my land and keep a lot for myself. The task of
implementing a lot split through City Planning and combatting their obsessive decrei
of densities and taking months or years is Overwhelming for me, a senior citizen. TI
Planners have effectively stunted us small owners while allowing overwhelming
numbers of new houses by large developers--Not Fair!
Perhaps, City Council can appoint one member to assist us small people. And
perhaps have a volunteer community assistance committee (not a civil service
position) for the small landowner.
Even more important, the elected Council persons should be judiciously reviewin<
and controlling City expenditures and ventures. An example: construction by in-
house employees who we taxpayers continue to pay even after retirement. Use
licensed contractors instead.
Rather than giving a free rein to City officials to use funds at will, each City
department should be expected to reduce staff and services that are redundant aT
wasteful. Only after an exhaustive study should additional City services be expan
or initiated.
For instance, why should the City Parks and Recreation, the Adult Education an
ROP programs of the Carlsbad school district, and MiraCosta College Communi1
Services offer many of the same programs? Wasteful!
(5)
(6)
Sincerely,
Mrs. Patricia A. Dresselhaus
t a 0 *.
*’
Mrs. Ann Kulchin January 21, 1991
With all due respect, do not pass this letter off to a pro Mello-Roos civil servant subordin;
to answer. I am addressing you, in person, as my representative, and I am entitled to your perso,
attention.
SincereIy,
&tLCi-L& ------T- 7f pi%&
Mrs. Patricia k Dresselhaus
Enclosures:
Copy of my letter to City Council members
Copy of Mr. Martin Orenyak’s letter, City of Carlsbad
Copy of Mr. Joel Fox’s letter, Howard Jamis Taxpayers Association
*
9 \* e 0. .
- Cit
July 27,7990
*
Mrs. Patricia Dresselhaus
2359 Pi0 Pic0 Dr.
Carlsbad, CA 92008
Opposition fo special 7" O~I UndeVelaped Land
Dear Mrs Dresselhaus:
In response to your letter dated July 13, 1990, to Mayor Pro Tem Kulchin, please alh me to clariq the City's position with regard to specific issues you raised concerning I
Being a resident of the City of Carlsbad for a number of years, you are probable aw
of the City's growth initiative (Proposition E) which was passed by a majority of voter:
1986. The initiative successfully set standards allowing new development to progrc
only when it can be proved that the City's roads, schools, fire facilities, libraries, sew(
City buildings, etc ... can handle resulting demands (see Exhibit 1). The intent of
Mello-Roos Community Facilities District is to provide a financing mechanism which
guarantee construction of these demand driven facilities prior to, or concurrent H
need.
The City historically has relied on a Pay-AS-You-Go system of facility financing. Ur
this system, various development fees (Public Facilities Fees, Traffic lmpact Fees, Bri
and Thoroughfare Fees, etc ...) are collected at the time a building permit is issi
Unfortunately this type of system provides financing for design and constructior
infrastructure improvements, only when significant amounts of money have b
collected, not necessarily when new users are present. Hence, the need
development of an additional financing method.
Since new development is typically created from currently undeveloped land, the C
position has been, to place the burden of paying for new facilities with those clt
responsible for the increased need. Landowners with property in Zone 7, sucl
yourself, were not directly notified of the Mello-Roos program, because Zone 7, a
infill area, would be exempt from participating in the district. Instead the City
continue to require Zone 1 landowners to make payment via the Pay-As-You Go sys
Additionally, the City believes it would be unreasonable to require very small lando\n
to participate in such a complex financing program.
proposed Community Facilities District (Mello-Roos).
2075 Las Palmas Drive Carlsbad, California 92009 (619) 438
t *
c e e
In your letter, you cite the Jarvis-Gann initiative. Under the provisions of ti constitutional initiative, a local government may impose a special tax provided the l
measures passes by a 213 vote of the eligible electorate. In this case, the eligil
electorate is considered to be the registered voters in the proposed Community Facilitl
District. Since Zone 7 is not proposed as a part of the district, no notification
landowners in Zone I was required. All tax rates imposed on the affected landownc
are based not on the value of the land, but the number of acres or square foot;
(commerciallinduskiaI) they own. Because of the tax structure design, voting made
a one vote per acre basis is believed to be the most consistent and tair methoa
obtaining approval or rejection of the district.
I am hopeful this infomatian will alleviate any concerns you have pertaining to
proposed Community Facilities District and your exemption from participating. If 1 have additional questions or concerns pertaining to this issue, please feel free to coni
my assistant, Cynthia Haas, at 438-1 161.
Sincerely,
%e. Martin renya
Community Development Director
M0:CU
Attachment
c. City Council
City Manager
P a W 0 V
HOWARD ]ARMS Founder (19051986)
ESTELLE JARVIS. Honorary Chairman
JOEL FOX, President
?REVOR GRIMM, General Counsel
HOWARD JARVIS A
TAXPAERS m(
ASSOCIATION 44
January 9, ,1991 ky VL'~
Mrs. Patricia A. Dresselhaus 2359 Pi0 Pic0 Drive Carlsbad, Ca 92008
Dear Mrs. Dresselhaus:
Thank you for your contributions to support the work of the Howard Jarvis Taxpayers Association and for
your letter describing efforts to create a Mello-Roos
District in the city of Carlsbad.
When Mello-Roos Community Facilities Districts
became legal in 1983, they were intended as a way to
collect from those who would benefit from development --
builders and the new residents -- the related costs for infrastructure improvements that would otherwise be
borne by the entire community.
district as long as the tax burden can be evaluated at the time of voter approval and it is not levied against property values. Unfortunately, the flexibility that was initially seen by many as a virtue of Mello-Roos,
has allowed it to be twisted and abused. It can be
designed so that it closely mimics property taxes and, in these cases, I would agree that Mello-Roos has been
used as another one of the legal techniques to get
around Proposition 13.
Any type of tax can be imposed in a Mello-Roos
We have been studying fees and assessments with the idea of possibly fielding an initiative to curtail the
13. This is a decision we will have to make over the
coming year. However, like them or not, at this time,
Mello-Roos districts continue to be legal.
abusive practices that violate the spirit of Proposition
You are doing the right thing to express your
opposition to the proposed Mello-Roos district to local elected officials now. You are obviously better off if community opposition prevents the matter from going to a
vote of property owners, where you correctly state, large property owners will have more votes.
councilmembers persist, the one advantage that rests
If
HEADQUARTERS: 621 South Weshoreland Avenue, Suite 202, Los Angeles, CA 900053971 (213) 384-%56, Fax. (213) 3
STATE CAPITOL OFFICE: 1225 Eighth Street, Suite 330, Sacramento, CA 9581 4 (916) 447-3353
0 e 4
9"
t'
Mrs. Dresselhaus Page 2
c with the opposing property owners is that approval of a special district does require a two-thirds vote, just as approval of a special tax requires a two-thirds vote
under Proposition 13. Although you may be a small property owner, certainly if the district is to include
the entire city, as one of the clippings you sent indicates, there must be many other property owners who
feel as you do. The burden is still on the proponents to get a two-thirds approval, which is difficult to do against determined opposition.
Thank you again for your support for your Howard Jarvis Taxpayers Association. z7y
President
~. ,* ..~' 'Ilrr
..
.__~_-__, . .., .__._~.._..^.II__ ____~ _-_._. __-_-_ ..___-..__--___-... __ ~- -~.- .'~ -- -.__.--= ,_1_-__--
~'~ '.'-~:~:
~.-~~. i_I. ~~ .. .
TJ3E RIGHT TO VOTl
share of citywide public facilities. . -