HomeMy WebLinkAbout1991-07-02; City Council; 11238; ADOPTION OF ORDINANCES - COMMUNITY FACILITIES DISTRICT NO. 1F
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AB#.-&U TITLE DE
ADOPTTON OF ORDINANCES - CI1
COMMUNITY FACILITIES DISTRICT NO. 1 CI1 DEPT.L
RECOMMENDED ACTION:
MTG, 7/02/91
Adopt Ordinance Nos. NS-155, NS-156, NS-157, and NS-158, amending the Muni
Code to establish the tax formula and to provide for credits against various other
for Community Facilities District No. 1.
ITEM EXPLANATION
Ordinance No. NS-155, NS-156, NS-157 and NS-158, were introduced and first re:
a regular City Council meeting on June 25,1991. The second reading allows Coi to adopt the ordinances which would then become effective in thirty days. The
Clerk will have the ordinances published in the "Carlsbad Journal" within fifteen c
if adopted .
FISCAL IMPACT
See Agenda Bill No. 11,216 on file with the City Clerk.
EXHiBIT
1. Ordinance Nos. NS-155, NS-156, NS-157, and NS-158.
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ORDINANCE NO. NS-155
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHOEUZING THE
LEVY OF A SPECIAL. TAX IN A COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council of the City of Carlsbad, Califon
(hereinafter referred to as the "legislative body of the local Agency"), has initia
proceedings, held a public hearing, conducted an election and receive(
favorable vote from the qualified electors relating to the levy of a special tax
a community facilities district, all as authorized pursuant to the terms i
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chap
2.5, Part 1, Division 2, Title 5 of the Government Code of the State of Califor
(hereinafter referred to as the "Act"). This Community Facilities District sh
hereinafter be referred to as Communities Facilities District No. 1 (hereinaf
referred to as the "District"); and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
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SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this Legislative body does, by the passage of tl
Ordinance, authorize the levy of special taxes at the rate and formula as set 1
the in Exhibit "A" attached hereto, referenced and so incorporated, to
properties within the boundaries of the District, including any future annexatio;
SECTION 3. That this legislative body is hereby further authorized ea
year, by Resolution, to determine the specific special tax rate and amount to
levied for the next fiscal year, except that the special tax rate to be levied sha
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not exceed ‘that as set forth above, but the special tax may be levied at a low(
rate.
SECTION 4. Properties or entities of the State, Federal or other loc
governments shall, except as otherwise provided in Section 53317.3 of tl
Government Code of the State of California, be exempt from the above-referenct
and approved special tax.
SECTION 5. That proceeds of the above authorized and levied special t;
may only be used to pay, in whole or in part, the costs of the following, in tl
following order of priority:
A. Payment of principal of and interest on outstandir
authorized bonded indebtedness;
B. Necessary replenishment of bond reserve funds or othc
reserve funds;
C, Payment of costs and expenses of authorized public facilitic
, and incidental expenses pursuant to the Act; and
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D. Repayment of advances and loans, as appropriate.
The proceeds of the special tax shall be levied only so lor
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as needed for its purpose, and shall; not be used for any other purpose.
SECTION 6. The above authorized special tax shall be collected in tl
same manner as ordinary ad valorem taxes are collected and shall be subject
the same penalties and the same procedure, sale and lien priority in case
delinquency as is provided for ad valorem taxes.
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SECTION 7. The above authorized special tax shall be secured by the 1%
imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highwa,
Code of the State of California, which lien shall be a continuing lien and sha
secure each levy of the special tax. The lien of the special tax shall continue i
force and effect until the special tax obligation is prepaid, permanently satisfie
and canceled in accordance with Section 53344 of the Government Code of th
State of California or until the special tax ceases to be levied by the legislativ
body of the local Agency in the manner provided in Section 53330.5 of sai
Government Code.
SECTION 8. This Ordinance and special tax shall be applicable for thl
referenced District, as well as any future annexations.
SECTION 9. This Ordinance shall take effect upon its adoption under rh
specific authorization of the provisions of Section 53340 of the Government Cod
of the State of California.
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1 cause the same to be published within fifteen (15) days after its passage at leas
once in the Carkbad Journal, a newspaper of general circulation published anc
circulated in this City.
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INTRODUCED AND FIRST READ at a regular meeting of the City Counc
of the City of Carlsbad, California, on the 25th day of June
, 1991.
PASSED, AND ADOPTED at a regular meeting of the City Council of th
City of Carlsbad, California, on the 2nd day of July
1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nyga:
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
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/'fi /-rsp <I,, 7. / aUDE / /' A. LEkS, Mayor
VINCENT F. BIONDO, JR., City Attorney
A'ITEST:
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ALETHA L. RAUTENKRANZ, City cia
(SEAL) I
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CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Communi1
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 I
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.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a buildins
shall be subject to the following maximum annual special
subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO1
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/191
IMPROVEMENT IMPROVEME!
PROPERTY CATEGORY AREA I AREA I1
$ 277.0( Residential Low $ 281.00
Residential Low to Medium 772 .OO 760.0(
Residential Medium 1,294.00 1,217. OC
Residential Medium to High 1,984 .OO 1,868. OC
Residential High 2,793.00 2,739 * oc
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
ties shall be subject to the following described SPECIAL i:
MENT TAX - ONE TIME, also subject to increases as se
herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PE
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19s
IMPROVEMENT IMPROVEMEN
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 High 2,810.00 2,312 .OO
Residential Medium to Bigh 2,aio.oo 2,312.00
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COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior
issuance of a building permit shall be subject to the f
maximum annual special taxes, also subject to increases
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PR
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1
IMPROVEMENT IMPROVEME
AREA I AREA I
Commercial Property $ 2,400.00 $ 1,600.0
Industrial Property 1 , 200.00 960.0
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuan
building permit, shall have the option to (1) pay the
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPE( - DEVELOPED PROPERTY for a period of not to exceed twei
(25) years, generally in the amounts per property cate
follows:
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR
* YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEP
AREA I COMMERCIAL USE DESIGNATIONS AREA I
Restaurant - Fast Food $ 28.46 $ 7.5
Outdoor Tennis Courts 28.14 7.2
Convenience Market 27.31 6.7
Bank with Drive-thru 18.06 5.7
Campground 17.51 4.5
Restaurant - Sit Down 15.17 4.7
Marina 14.85 4.4
Bank - Walk In 12.83 4.t
Auto - Gasoline 8.11 2.E
Grocery Store 7.78 2.:
S & L with Drive-thru 7.59 3.L
Bowling Center 6.63 2.E
Restaurant - Quality 6.57 3.c
Neighborhood Shopping Center 6.46 2.;
Auto Car Wash 6.31 2.5
S & L - Walk In 5.51 3.c
Race Track 5.10 2.:
Library 4.26 2.E
Community Shopping Center 4.24 l.€
Hospital - General 3.88 3.1
Hotel - Conv. Fac/Comm. 3.47 2.5
Auto - Repair & Sales 3.41 1.5
Regional Shopping Center 3.35 l.t
Discount Store 3.22 1.:
Golf Course 3.06 2.1
Church 2.99 1.5
Office - Government 2.93 1.E
Commercial Shops ~ 2.90 1.E
Health Club 2.89 l.E
Motel 2.69 2.c
Office - High Rise 2.67 l.€
Office - Commercial, 100,000 SF 2.56 1.;
Lumber/Hardware Store 2.47 1. E
Office - Medical 2.42 2.c
Hospital - Convalescent 2.33 2.;
Indoor Sports Arena 2.33 2.;
Resort Hotel 2.30 1.5
University 2.26 1.5
Junior College 2.19 1.5
All other Commercial Properties 2.14 1.1
not indentified above
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IMPROVEMENT IMPROVEMI
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 $ 3.6'
Industrial-Commercial Buaineas Park 2.14 1.5.
All other Industrial Properties
not identified above 1.74 1.4:
98, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property"
Fiscal Year shall not exceed 13.81% of the authorized
special Development Tax - One Time" for the various Cor
and Industrial Property categories as set forth above
amount applicable and annually adjusted for each Fiscal Y
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are
able for the fiscal year 1990/91, and are all subject t
increase8 to reflect increases in construction cost
Construction Cost Index of the Engineering News-Record
"ENR Cost Indexes in 22 Cities" will be used. TI
published for the month of April for the City of Los
under the column heading of "Percentage Change from La
will annually inflate each of the Maximum Annual Taxes
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 1:
charged and facilities funded and/or guaranteed, and thc
DEVELOPMENT TAX - ONE TIME has been paid; however, tl-
SPECIAL TAX - DEVELOPED PROPERTY shall not be levit
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential
property no longer will be subject to any annual special
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been E
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Commercial & Industrial;
The Commercial and Industrial properties, upon the issua
building permit, have the option to (1) pay the SPECIAL
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIA
DEVELOPED PROPERTY, as set forth above. Upon the issi
any building permit, no further increase or escali
authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities L
allocated as follows: 65% to Residential property,
Commercial & Industrial property. The above costs exclu
of issuance as needed.
Residential property shall be taxed in an amount suffic
meet the 65% share of facilities, which tax will incluc
of issuance, interest and other costs, including sinki
payments for future construction a6 applicable.
Commercial & Industrial property shall be taxed in ar
sufficient to meet the 35% share of facilities, which '
include costs of issuance, interest and other costs, i
sinking fund payments for future construction as applicab
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt I
replenish reserve, call bonds, pay bonds and Community
ties District No. 1 administrative costs, and pay for
capital facilities. FIRST: Reduce this amount by th
residential properties. SECOND: The remaining funds net
to be collected by the levy of the annual Special
Undeveloped Property on undeveloped taxable residential ,
in the proportional amounts for each property cate
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt .
replenish reserve, call bonds, pay bonds and Community
lies District No. 1 administrative cost5, and pay for CUI
future public capital facilities. FIRST: Reduce this as
the funds collected from special Development Tax - One 'I
annual Special Tax - Developed Property levied against
cial and industrial properties, SECOND: Levy the
Special Tax - Undeveloped Property on undeveloped taxable
cial and industrial acreage in the proportional amounts :
property category as required, not to exceed the maximum 1
collected from Special Development Tax - One Time levied
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ORDINANCE NO NS - 15 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 5, CHAPTER 5.09 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 5.09.040 TO PROVIDE FOR A CREDIT
AGAINST THE ADDITIONAL LICENSE TAX ON NEW
CONSTRUCTION FOR PROPERTIES PARTICIPATING
IN COMMUNITY FACILITIES DISTRICT NO. 1.
WHEREAS, the City has established the Additional License Tax on NI
Construction in order to provide revenue to the City General Fund to supp
additional demands placed on the City by new development for the constructi
of public facilities; and
WHEREAS, the City has established by Council Policy No. 17, the Put
Facilities Fee program, in order to provide funding for certain public facilities tl
so they will be available with need; and
WHEREAS, since there is some duplication of facilities, section 5.09.0
of the Carlsbad Municipal Code allows any person paying the Public Facilities I
to receive a credit against the Additional License Tax on New Construction in
amount equal to the Public Facilities Fee paid; and
~ I i WHEREAS, the creation of the CFD will fund some projects previou
funded from the Additional License Tax on New Construction so a credit is a
necessary to avoid a double charge,
NOW, THEREFORE, IT IS ORDAINED by the City Council of the CiQ
Carlsbad, California as follows: I
SECTION 1. That Title 5, Chapter 5.09, Section 5.09.040 of the Carlsl
Municipal Code is amended to read as follows:
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"5.09.040 Credit. A credit toward the license tax imposed by this chapt
shall be given if 1) A public facilities fee has been paid pursuant to Council Poli
No. 17 in satisfaction of an obligation under a public facilities fee agreement f
the building or structure. The amount of the credit shall be the amount oft
fee paid. For purposes of this section, the payment of a public facilities fee sh
be deemed to include any applicable credits against such fee from Commun
Facilities District No. 1. 2) The property is subject to taxation under t
Cornunity Facilities District No. 1 amount of the credit shall be determined
the City Council and established by resolution,"
EFFECTJYE DATE: This ordinance, being an ordinance relating to tal
for usual and current expenses of the City, pursuant to Section 36937(d) oft
Government Code shall take effect immediately upon its passage. Before i
expiration of fifteen days after its passage, this ordinance shall be published on
in the Carlsbad Journal, a newspaper of general circulation printed and publish
in the City of Carlsbad.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C
Council of the City of Carlsbad, Cal;fomfa, held on the 25th day of
June , 1991.
PASSED, APPROVED AND ADOPTED at a regular meeting of the C
~ Council of the City of Carlsbad, California, held on the 2nd day of I
J 1991, by the following vote, to wit: July
/! AYES: Council Members Lewis, Kulchin, Larson, Stanton and Ny€
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NOES: None
ABSENT: None g; /If
&do 4pw
UDE A. LEWIS, Mayor
ATTEST:
-2 - ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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ORDINANCE NO. NS- 15 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 20, CHAPTER 20.08 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
AGAINST THE BRIDGE & THOROUGHFARE
BENEFIT DISTRICT FOR PROPERTIES
PARTICIPATING IN COMMUNITY FACILITIES NO. 1
SECTION 20.08.140 TO PROVIDE FOR A CREDIT
WHEREAS, under Section 20.08.140 of the Carlsbad Municipal Code, t
City Council has established a Bridge and Thoroughfare Benefit District for t
purpose of defraying the actual or estimated costs of constructing bridges
major thoroughfares pursuant to Section 66484 of the Subdivision Map Act; a
WHEREAS, the Council has adopted Resolution No. 8744, establishing t
Bridge and Thoroughfare Benefit District No. 1 (hereinafter referred to as t
"District"), and established the fees necessary to support the construction of ti
Palomar Airport Road, Poinsettia Lane and La Costa Avenue Interchanges (
Interstate 5; and
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WHEREAS, the City has created 'Community Facilities District No.
(hereinafter referred to as the "CFD"), to provide a guaranteed funding sour
capable of issuing bonds or other forms of debt for the purposes of financing t
public facilities previously funded from the Bridge and Thoroughfare Bene
District; and
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WHEREAS, it is therefore appropriate to allow a credit against the Bridi
and Thoroughfare Benefit District to any property or person included within tl
boundaries of the CFD and subject to taxation by the CFD against any fe
required through the District under Resolution No. 8744 and Section 20.08.11
of the Carlsbad Municipal Code.
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NOW, THEREFORE, IT IS ORDAINED AS FOLLOWS by the City Cour
of the City of Carlsbad, California:
SECTION 1. That the above recitals are all true and correct.
SECTION 2, That Title 20, Chapter 2OdO8, Section 20.06.140 of 1
Carlsbad Municipal Code shall be amended by the addition of the Subsection 1
to read as follows:
"(1) The City Council shall give a credit against the ft
imposed by this Section for properties within the boundaries of and subject
taxation by Community Facilities District No. 1. The amount of such credit sh
be determined by the City Council and established by resolution."
EFFECTIVE DATE: This ordinance shall be effective thirty days after
adoption, and the City Clerk shall certify to the adoption of this ordinance a
cause it to be published at least once in the Carlsbad Journal within fifteen d:
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Coun
7 1991
PASSED, APPROVED AND ADOPTED at a regular meeting of the C
2nd day of
of the City of Carlsbad, California, on June 25
Council of the City of Carlsbad, California, held on the
July 7 1991, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Larson, Stanton and Ny
NOES: None
ABSENT: None
ATTEST:
aee;tA,cp
UETHA L. MLJTEeh
(SEAL)
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ORDINANCE NO. NS-158
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 18, CHAPTER 18.42, BY THE AMENDMENT
OF SECTION 18.42.050 OF THE CARLSBAD
MUNICIPAL CODE TO PROVIDE FOR A CREDIT
AGAINST THE TRAFFIC IMPACT FEE FOR
PROPERTIES PARTICIPATING IN COMMUNITY
FACILITIES DISTRICT NO. 1
WHEREAS, the City has established the Traffic Impact Fee in order
provide the necessary revenue to fund the construction costs for street i
intersection improvements required to serve new development; and
WHEREAS, the City has created Community Facilities District No.1
provide a guaranteed funding source capable of issuing bonds and/or other for
of debt for the purpose of financing certain public improvements previou
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~ funded from the Traffic Impact Fee; and
WHEREAS, it is necessary to amend Chapter 18.42 of the CarlsE
Municipal Code to allow properties within the boundaries of and subject
taxation by the Community Facilities District NO. 1 to receive credit against t
Traffic Impact Fee obligation to avoid duplication of funding efforts. 1
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City of Carlsbad, California as follows:
Section 1.
Section 2.
That the above recitals are all true and correct.
That Title 18, Chapter 18.42, Section 18.42.050
the Carlsbad Municipal Code is amended by the addition of Section (c) to re
as follows:
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"(c) the City Council shall give a credit toward tl
fee imposed by this Chapter for properties within the boundaries of and subje
to taxation by CommUnity Facilities District No. 1. The amount of such crec
shall be determined by the City Council and established by resolution.tt
EFFECTIVE DATE: This ordinance shall be effective thirty da
after its adoption, and the City Clerk shall certify to the adoption of tl
ordinance and cause it to be published at least once in the Carlsbad Jourr
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Ci
Council of the City of Carlsbad, California, on June 25
1991.
PASSED, APPROVED AND ADOPTED at a regular meeting oft:
day of. City Council of the City of Carlsbad, California, held on the 2nd
July , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton
NOES: None
ABSENT: None /)/[ /[/ [(<- y * f&&G- I.8
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! L CLAUDE A. 'LEWIS, Mayor I *G/ ALETHA L. RA6TENKRAN2, City Clerk
(SEAL)
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July 12, 1991
F. Mackenzie Brown ’BROWN, HARPER, BURNS & HENTSCHKE
12770 High Bluff Drive, Suite 240 San Diego, CA 92130
Re: COMMUNITY FACILITIES DISTRICT NO. 1
The Carlsbad City Council, at its meeting of July 2, 1991, adopted Ordinanc NS-155, authorizing the levy of a special tax in Community Facilities Di!
No. 1.
Also enclosed for your records is a copy of the completed Certifica Compliance with Notice Requirements.
If you need any additional information, please don’t hesitate to contact
A copy of the Ordinance is enclosed for your records.
&r% Assistant City Clerk
Encs.
I zoo Carlsbad Village Drive Carlsbad, California 92008-1 989 (61 9) 434-2
6 * r
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CERTIFICATE OF COMPLIANCE
WITH NOTICE ReQUIREMENTS
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
and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, acc
the notice requirements in connection with the referenced Community E
District, as noted:
PUBLICATION ,
The ORDINANCE AUTHORIZING LEVY OF SPECIAL TAXES was approved by the leg
body on the ~E)D day of TQL~ , 1991, and within fifteen (
thereafter was published one (1) time in the CARLSBAD JOURNAL on the // f
;Tu LY , 1991.
EXECUTED this /G? c' day of , 1991, at Carlsbad, Califc
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CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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JULY 10, 1991
TO: CITY CLERK
FROM: City Attorney
RESOLUTION NO. 91-196, ESTABLISHING A CREDIT AGAINST THE TRAl
IMPACT FEE
I have reviewed paragraph 3 of this resolution which sets forth
amount of the credit against the existing traffic impact fee.
amount of the credit was established at 36 percent by the adop'
of a Resolution No. 91-38 on January 29, 1991, adopting
NBS/Lowry Report, dated January 22, 1991. The amount of
traffic impact fee due and payable then is 64 percent of
existing traffic impact fee computed under Chapter 18.42.
second sentence, stating this figure is 54 percent is incorrect
a mathematical error which may be corrected by your office.
does not represent a substantive change to the resolution and
not affect the amount of the 36 percent credit.
Should you have any questions regarding the above, please do hesitate to contact me. o R, BALL RON Assistant City Attorney
af d Enclosures
c: Financial Management Director
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RESOLUTION NO. q/-- /yy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING A CREDIT AGAINST
THE TRAFFIC IMPACT FEE IMPOSED BY RESOLUTION NO.
SUBJECT TO TAXATION BY COMMUNITY FACILITIES
DISTRICT NO. 1
8660 FOR PROPERTIES WITHIN THE BOUNDARIES OF AND
WHEREAS, Resolution No. 8660 establishes the Traffic Impact Fee
all areas of Carlsbad outside the southeastern area (La Costa area) of 1
City of Carlsbad; and
WHEREAS, this Traffic Impact Fee was established to fu
transportation improvements required to serve additional development wit1
the City of Carlsbad; and
WHEREAS the City has created Community Facilities District No. I
provide a guaranteed funding source capable of issuing bonds or other foi
of debt for the purposes of financing public facilities previously funded fr
the Traffic Impact Fee established by Resolution No. 8660; and
WHEREAS, it is appropriate for properties within the boundarie!
and subject to taxation by Community Facilities District No. 1 to receit
credit against any Traffic Impact Fees to the extent that projects previoi
funded through the Traffic Impact Fee will be funded through Commu
Facilities District No. 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 1
of Carlsbad, California, as follows:
1. That the above recitals are all true and correct.
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2. That properties included within the boundaries of Communi
Facilities District No. 1 that are subject to taxation by the District shi
receive a credit against the Traffic Impact Fee established by Resolutim N
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8660 to the extent that projects previously funded through the Traffic Imp:
Fee will be funded through Community Facilities District No. 1.
3. That the amount of the credit against the existing Traf
Impact Fee shall be 36% of the existing fee as described in the Commun
Facilities District report dated January 22, 1991. The amount of the Traj
Impact Fee due and payable for properties within the boundaries of a
subject to taxation by the Community Facilities District shall be 54% of i
fee as computed by Resolution No. 8660.
PASSED, APPROVED AND ADOPTED at a regular meeting
the City Council on the day of , 1991, by
following vote, to wit:
AYES:
NOES:
ABSENT;
CLAUDE A. LEWIS, Ma:
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO. ?/- / 7 6
A RESOLUTION OF THE CITY‘COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING ACREDtT AGAINST
THE TRAFFIC IMPACT FEE IMPOSED BY CHAPTER 18.42 OF
THE CARLSBAD MUNICIPAL CODE FOR PROPERTIES WITHIN
COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, Chapter 18.42 of the Carlsbad Municipal Code establishc
the Traffic Impact Fee for the southeastern area (La Costa area) of the Cit
of Carlsbad; and
THE BOUNDARIES OF AND SUBJECT TO TAXATION BY
WHEW, this Traffic Impact Fee was established to fund ceflai
public improvements required to serve additional development within tht
City of Carlsbad; and
WHEREAS the City has created Community Facilities District No. 1 tc
provide a guaranteed funding source capable of issuing bonds or other fom
of debt for the purposes of financing public facilities previously funded frorr
the Traffic Impact Fee established under Chapter 18.42 of the Carlsbad
I.i’ 1 Municipal Code; and
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Facilities District No. 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
1. That the above recitals are all true and correct.
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2. That properties included within the boundaries of Communiq
Facilities District No. 1 that are subject to taxation by the District shal
receive a credit against the Traffic Impact Fee established under Chapte
18.42 of the Carlsbad Municipal Code to the extent that projects previous1
funded through the Traffic Impact Fee will be funded through Communit
Facilities District No. 1.
3. That the amount of the credit against the existing Tr&
Impact Fee shall be 36% of the existing fee as described in the Communit
Facilities District report dated January 22, 1991. The amount of the TraE
Impact Fee due and payable for properties within the boundaries of an
subject to taxation by the Community Facilities District shall be 54% of th
fee as computed under Chapter 18.42 of the Carlsbad Municipal Code. l4
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PASSED, APPROVED AND ADOPTED at a regular meeting (
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the City Council on the day of 9 1991, by tk
following vote, to wit:
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ABSENT: I I
CLAUDE A. LEWIS, Mayc
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL) I
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MTQ. 1/29/91 GROWTH MANAGEMENT FINANCING PROGRAM cI COMMUNITY FACILJTIES DISTRICT NO. 1 DEPT. F1N PUBLIC HEARING CI
RECOMMENDED ACTION:
Hold the Public Hearing on Community Facilities District No. 1.
Adopt Resolution No. 4/-31 ordering changes and modifications to
Resolution of Intention and proceedings relating to the formation oi Community Facilities District,
Adopt Resolution No. f/e$ f making preliminary findings, passing upon protc
and approving "Final Report."
Adopt Resolution No. 9/47 declaring and establishing the formation c
Community Facilities District and authorizing submittal of a levy of special ta
to the qualified electors.
Adopt Resolution No. q/- #@ declaring necessity to incur a bonded indebtedr
and submitting a proposition to the qualified voters of a Community Fa&
District.
lTEM EXPLANATION
On December 11,1990 the City Council adopted the Resolution of Intentioi
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 1
on January 24, 1991 to discuss the continuation of the process. Notices VI
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:
&solution Orderinn Changes and Modifications - Provides the opportu
tb incorporate changes into the CFD. On December 11,1990 the Cot
adopted the Resolution of Intention and other resolutions setting
taxing formulas, boundaries and other basic CFD parameters. The Cot
may elect to modi€) 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 Makinn Preliminarv Findinns and Passing Upon Protei
Makes the determination that insufficient protests have been receive
cause the Council to cease the district formation process. If the Cot
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Page TWO of Agenda Bill No. //1 fl//
0 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 declarinn and Establishing the Formation of the District
Declares the City's intent to 1) form the CFD, 2) finance the improvemen
through the issuance of bonds, and 3) authorizes setting the question I
formation before the qualified electors (the land owners in this case).
Resolution Declarinn - Necessity to Incur Bonded Indebtedness a1
Submittinn Promsition to the Qualified Electors - Provides tl
authorization to issue the necessary debt to fund the CFD projects. 'TI
and the previous resolution will be merged into a single proposition to
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 5,19$
In either event the staff recommends that May 7, 1991 be set as the elecd
date.
E"MENTALREvLEw:
On December 11, 1990, the City Council reviewed the environmental impact
the proposed CFD. The Planning Director prepared a Negative Envkonmen
Declaration for the proposed Citywide Mello-Roos District finding that it wo1
not have any significant, adverse impact on the environment. During the pul
comment period, one objection to the approval of a Negative Declaration v
received. After reviewing and thoroughly analyzing the objection, staff I
believes a Negative Declaration is appropriate and adequate for the Cityw
Mello-Roos District Declaration.
December 11, 1990 agenda bill.
FISCALIMP Am.
The proposed CFD has wide ranging impacts on the City and the land OW
included within the district boundaries.
The Citfs Capital Improvement Program proposes to fund all of the proj
included within the CFD from developer fees. Under the pay-as-you-go coni
used in the CIP projects cannot be funded until sufficient developer fees
available. Generally, fees do not become available until the developer buil
building or home. The City must wait for development to occur bc
infrastructure improvements can be funded, or at least be confident tha
adequate amount of development fees will be available during the prc
construction calendar to cover project costs.
Supporting information is attached to
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Under the Growth Management Program, certain facilities must be prouic
within a specific number of years after a threshold is reached, or concurrent H
development. A pay-as-you-go system does not allow the City to "guarantee" t
adequate funds will be available to construct improvements. One of the ' reasons for pursuing the CFD approach to financing these projects is linked to
issue of "financial guarantees." Under a pay-as-you-go system, the City is tot(
dependent upon development activity for its revenue stream. Under a C
system, much of that dependence is eliminated through the creation of a vac
land tax. This tax becomes a dependable stream of revenue which can
pledged to pay debt service on bonds issued to build needed projects. No sysl
of financing can eliminate all uncertainty from the public facilities. planr
process, but the CFD begins to offer the City some insulation from the vohb
of the development cycle.
The CFD developed under the City's policies allows Council to fund a rangc facilities concurrent with development and to leverage the fee revenue strear
create a debt financing program that guarantees the availability of facilities
The CFD together with the CIP and Council Poky 33, which controls the us
assessment districts, form the basis for the City's long range facility finant
plan. The City has successfully provided funding for more than $400 millio
infrastructure improvements to be constructed through buildout.
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Page Four of Agenda Bill No. //,//I
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City of Carlsbad
An Overview of Carlsbad's
Long Range Facilities Financing Program
[City Financed Projects I
Long Range Capital The CIP provides funding for $400 million of Capital
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
improvement Program
an unstable revenue stream.
City Wide Meilo-Roos 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.
Councll has entered Into reimbursements agreements where
developer fee funding will not be available when needed.
These agreements have been instrumental in providing fundin
for park land acquisition and in park development.
The City has used a variety of non-city funding sources
including TransNet funds, CalTrans and federal grants
to finance street construction programs. In addition, Redeveic
funding has been used to leverage the existing tax Increment
revenue Into an $1 1 million building program in down town Ca
District
Relmbursement Agreements
Alternate Public
Funding Sources
Council Policy 33 Policy 33 allows the use of tax exempt debt to flnance the
construction of prime and major arterials as well as
various related improvements. 191 3/15 act assessment
districts will fund more than $1 00 milllon in Street
related projects through buildout.
Policy 38 allows the use of Mello-Roos districts (in addition ti
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 pollcy.
The policy protects the City and the taxpayer while allowing
the use of public tax exempt debt to finance a variety of
projects.
Council Pdky 38
Existing fee schedules for Public Facilities Fees, Traffic Impact Fees and B:
and Thoroughfare District will be reduced if the CFD is confirmed to the e:
that projects previously slated for construction from fee revenues are
included in the CFD. 4-
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No General Fund support is required for this program. The CFD operates as
separate entity, providing its own operating revenue and capital funding.
It is also important to note that the present citizens and homeowners of CarlsE
are in no way obligated or held responsible in the event that the CFD experienc 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 v
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.
EXHIBITS:
1.
2. Resolution No. 91-98 making preliminary findings and passing u]
protests.
Resolution No. e/- 37 declaring and establishing the formation of
district.
Resolution No. q/& 4 0 declaring necessity to incur indebtedness
submitting proposition to qualified voters.
City of Carlsbad Community Facilities District Report, CFD No.1 - on
with the City Clerk and Finance Department.
Resolution No. 9/-31 ordering changes and modifications.
3.
4.
5.
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91-37 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING CERTAIN CHANGES
TION AND PROCEEDINGS RELATING TO THE FORMATION
AND MODIFICATIONS TO THE RESOLUTION OF INTEN-
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
ordered the preparation of a "Report" relating to the init
of proceedings to create a Community FaCilitie8 Dist'rict
ant to the term8 and ptovieione of the "Mello-Rooo Con
Facilities Act of 1982", being Chapter 2.5, Part 1, Divif
Title 5 of the Government Code of the State of California.
Community Facilities District $hall hereinafter be refer
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refer
a6 the "Dietrict"); and,
WHEREAS, notice of a public hearing relating to the
lishment of the District, the extent of the Dietric
furnishing of certain facilitie8 and all other related I
ha8 been given, and a "Report", as ordered by this Agenc
been pre8ented and considered, and at this time it is
determined that certain changes and modifications in the
tion of 'Intention and proceedings should be ordered.
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NOW, TBEREPORE, IT Is HEREBY RESOLVED AS FOLLOWS$
SECTION 1. That the above recitals are all t
correct.
SECTION 2. it is in the bost public inter6 -
convenience to order certain changes and modifications
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proceedings and Resolution of Intention, as they relate
formation of the District, and said changes and modific
are as set forth in the final "Report" submitted and
approved, entitled "COMMUNITY FACILITIES DISTRICT REPORT".
SECTION 3. That the proceedings, Resolution of In
and "Report" ae now modified, shall etand for all future p
ings as the Resolution of Intention, proceedings and "
for the District.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its/-&T meeting held on the - 29t
of January , 1991, by tho following vote, to
AYES: Council Members Lewis. Kulchin. Larson, Stanton and Nys
NOES: None /gy[L*, ABSENT: None
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~ZAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, CFtb Clerk
(SEAL)
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91-28 RESOLUTION NO.
RESOLUTION OF THE CITY 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 intenti
ordered the preparation of a "Report" relating to the init
of proceedings to create a Community Facilities District
ant to the terms and pravieiana of the ttMello-Rooe Con
Facilities Act of 1982", being Chapter 2.5, Part 1, Divir
Title 5 of the Government Code of the State of California
Community Facilitieo District shall hereinafter be ref-ex
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refei
as the "Dietrict"); and,
WHEREAS, notice of a public hearing relating to the
lishment of the District, the extent of the Dietric
furnishing of certain facilities and all other related
has been given, and a "Report", as 'ordered by thie Aqen
been presented to this Agency and has boon made a part
record of the hoaring on the Resolution of Intention tc
lfsh S8id District; and,
WHEREAS, all communicafions relating to the eotab
of tho District, the facilities and the tax rat. h:
presented, and it ha8 further been determined that a
protest as defined by law hae not bean received again
proceedings; and,
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WHEREAS, the "Report" as now submitted further cant
change. and modification8 to the proceedings, as applicab
hereby approved; and,
WHEREAS, inasmuch as there are leea than twelve (12)
tered voters residing within the territory of the iatric
have .been been for at leaot the preceding ninety (90) days
legislative body is desiroua to eubmit the levy of the rf
special tax to the landowners of the District, said lanc
being the qualified elector8 a8 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 protemte recoived, if t
not represent a majority proteet as defined by the app
provisions of the "Community Facilities Act of 1982".
SECTION 3, The "Report", a6 now submitted, in1
changes and modification8, if any and am applicable, shal
ae the "Report" for all future proceedings and all ter
contents are approvod 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 dotermined by this 1
tive body that all proceeding8 prior hereto were valid an
in conformity with the requirements of law, and specifica
provision8 of the "Mello-Roo8 Community Facilities Act of
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and thin finding is made pursuant to the provi~ions and aui
zation of Section 53325.1 of the Government Code of the St,
California.
SECTION 6. It is hereby further determined by this le
tive body that the proposed capital project facility is
eary to meet increased demands placed upon thia local Age
a result of development and/or rehabilitation occurring
District.
PASSED, APPROVED AND ADOPTED by the City Council c
29th
J anua r y , 1991, by the following vote, to w
Council Members Lewis, Kulchin, Larson, Stanton and Nyga
City of Carlsbad at its/%$%? meeting held on the
Of
AYES:
NOES: None -
ABSENT: None
/ [h[Ai< / //- /-c
CLAUDE A. LIhIS, Mayor
ATTEST:
QQaL &.&A
ALETHA L. RAUTENXRANZ, Cfty\Clerk
(SEAL)
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91-39 RESOLUTION NO.
RESOLUTION OF THE CITY 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 conclude(
the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (h
after referred to as the "legislative body of the local Ag
is desirous at this time to proceed with the establishmeni
community facilities district, pursuant to the term8 and
sions of the "Mello-Roos Community Facilitiee Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of the Govs
Code of the State of California, .aid Community Faci
DLotrFct ahall hareinaftar be referred to a6 COMMUNITY P
TIES DISTRICT NO. 1 (hereinafter referred to as the "Distr
and,
WHEREAS, thio legislative body ham further declar
intent that thm authorized public facilities b. financed 1
the issuance of bonds, said bonds secured by the lev:
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 reimbu
and/or repayment shall be made for said advances until ex
set forth by agreement and/or Resolution of this legi
body setting forth the amount, termr and conditions
reimbutoement and/or repayment; and,
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WHBREAS, 811 communications relating to the establis
of tho District, the facilities and the tax rate have
presented, and it has further been determined that ai maj
protest as defined by law ha8 not been received against
proceedings; and,
WHEREAS, the "Report" as now submitted further cant(
changeo and modfficationo to the proceedings, as applicabl
hereby approved; and,
WHEREAS, inaemuch as there are less than twelve
registered voter8 residing within the territory of the Dis
and have been been for at learrt the preceding ninety (90)
this legialativr body is desirous to submit the levy c
required special tax to the landowner8 of tho District,
landowners being the qualified electors a# authorized by la
NOW, THEREFORE, BE IT RBSOLVED AS FOLLOWS:
RECITALS
SECTION 1. That tho above recitals are all tri
correct.
PROTESTS
SECTION 2. That the written protort8 recmived, if a
not reproeent a majority protest as defined by the app
provi8fons of the "Community Facilitie8 Act of 1982".
FINAL REPORT
SECTION 3. The "Report", as now submitted, in
change. and modifications, if any and am applicable, aha1
as tho "Report" for all future procoodings and all tel
contents are approved as set forth therein.
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NAME OF DISTRICT
SECTION 4. That this legislative body does hereby
lieh and declare the formation of the Community Fac
District known and deeignated as "COMMUNITY FACILITIES D
NO. 1".
BOUNDARIES OF DISTRICT
SECTION 5. That the boundaries and parcels of 1
which the public facilities are to be provided and or
special taxes will be levied in order to pay the COI
expenses for said public facilitieo are generally deocr
follow.:
All property within the boundaries of CO
FACILITIES DISTRICT NO. 1, as shown on a boundary map'
viously approved by this legislative body, said map des
by the name of this Community Facilities District, a I
which ie on file in the Office of the City Clerk. The h
map of the propormd Dirtrict has bean filed pursuant to s
3111 and 3113 of the Streets and Highways Code of the S
California in the Office of the County Recorder of the Co
San Diego, at Page 56 of Book 24 of the
Maps of Assessm8nt and Community Facilities Districts f
County.
DESCRIPTION OF FACILITIES
SECTION 6. A general description of the public
facilities which this legi8lative body is authorized by
construct, own or operate, which are the facilitie
financed under these proceedings, are generally descr
follows:
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I. Public facilities generally descrik
a new library facility, a major addition to an existing 1
building, a City Hall complex, and the addition of offfc
warehouse facilities at the public safety center.
11. Park improvements generally desligna
the HACARIO CANYON PARK.
111. Major street improvements in porti
the following designated public street*: FARADAY AVENUE,
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE RO
LEUCADIA BOULEVARD.
IV. Major bridgo and ovorpass facj
generally described as the LA COSTA INTERCHANGE, POINSETTI
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
Fer a full and complete deocription c
facilities, reference ia made to the file entitled "DESC
OF FACILITIES", a copy of which is on file in the Office
City Clerk and open for public inspoction.
In addition to financing the above de
facilities, thorn. incidental exponser dorcribod in saic
"Report" are almo approved and authorizod.
SPECIAL TAX
SECTION 7. That it is hereby further determined
modification ahauld be made to the Rorolution of Intent
special tax formula, and said modification is reflected
special tax formula referenced and attached hereto a8
nAa, and said modification will not cause any increase
maximum special tax.
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Except where funds are otherwise avail:
special tax, secured by recordation of a continuing lien
all non-exempt real property in the proposed District, is
authorized, subject to voter approval, to be levied a
within the boundariee of eaid District. The proposed
tax to be levied within said District has not been precl
majority protest pursuant to Section 53324 of the GOV
Code of the State of California. For particulars as to t
and method of apportionment of the proposed special tax
rence ie made to the attached and incorporated Exhib
which aete forth in sufficient detail the method of apg
ment to allow each landowner or rerident within the g
District to eatimate the probable annual amount and the
amount that said person will have to pay for said faci
Said special tax shall be utilized to pay for the constr
expansion, rehabilitation or purchase of the public capita
litiee identified in SECTION 4. hereinabove, and/or to B
bonded indebtedness which ehall be utilized to finan
public capital facilities.
The special taxes herein authorized s
collected in tha game manner a8 ad valorem property ta
shall bo subject to the same penalties, Procedure, sale a
priority in any case of delinquency, as applicable
valorem taxes; however, as applicable, this legislative t
eetablish and adopt an alternate or supplemental proce
necessary.
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This legislative body further author~ze
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 o
legislative body.
Upon recordation of a Notice of Speci
Lien pursuant to Section 3114.5 of the Streets and Highway
of the State of California, a continuing lien to Becur
levy of the epecial tax shall attach to all non-exemp
property in the District and this lien shall continue in
and effect until the special tax obligation is prepa
premancntly satisfied and the lien cancelled in accordanc
law or until collection of the tax by the legielativi
ceases.
PREPARATION OF ANNUAL TAX ROLL
SECTION 8. Th8 name, addreor and telephone number (
office, department or bureau which will be remponaible fo
paring annually a current roll of eprcial tax levy oblig
by Aaaemeor'e parcel number and which shall be reaponsib
estimating future special tax levies pursuant to Section 5
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
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FINDING OF VALIDITY
SECTION 9. It is hereby further determined by this leg
tive body that all proceedings prior hereto were valid and
in conformity with the requirements of the law, and specifi
the provisions of the “MellO-RoOS Community Facilities A
1982’!, and that this finding and detarmination is made pu
to the provision8 and authotization of Section 53325.1 c
Government Code of the state of California.
SUBSTITUTION FACILITIES
SECTION 10. The description of the public capital f;
ties, ao set forth heroin, is general in its nature. The
nature and location of improvements and facilities will be
mined upon the preparation of final plan8 and specifica
The final plane may show 8UbetFtUte8 in lieu of, or modifi
to, the propoeed work in order to accomplish the WOI
improvement, and any such submtitution rhall not be a cha
modification in the proceedings as long as the facj
provide a service substantially similar to that as set fc
this Resolution.
APPEALS AND INTERPRETATION PROCEDURE
SECTION 11. Any landowner or remident who feele th
amount or formula of the special tax ir in error may
notice with the Agency appealing the levy of the epecia
An appeals panel of 3 members, as appointed by the Agenc
then meet and promptly review the appeal, and if necessar
with the applicant. If the finding6 of the Appeals Board
that the tax ohould be modified or changed, a recomrnenda
that time will be made to the Agency and, as appropria.
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epecial tax levy shall be corrected, and if applicable
case, a refund shall be granted.
Interpretations may be made by the Age
~esolution for purposes of clarifying any vagueness or amt
ae it relates to any category, zone, rate or definition a
able to these proceedings.
ELECTION
SECTION 12. This legislative body herewith submit
levy of the special tax to the qualified electors c
District, said electore being the landownere of the pt
District, with each landowner having one (1) vote for eacl
or portion thereof of land which he or sho owns within the
nity Facflitie8 Di8trict.
Thie legislative body hereby further d
that the ballot proposition relating to the levy of the
referenced special tax be combined and consolidated wit
proposition relating to the incurring of a bonded indebte
This Resolution .hall not con8titute.tho notice of the elc
and the Resolution declaring the necesmity to incur the i
indebtedness shall constitute the notice of the corn
election relating to the bonded indebtedness and authori:
for thm mpecial tax levy.
PASSED, APPROVED AND ADOPTED by the City Council o
city of carlabad at ite/%g&ar eci 1 meeting held on the 29th
January , 1991, by tho following vote, to wj Of
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AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyga‘
NOES: None
ABSENT: None /iy[[[- 111 - f14
CLAUDE A. L‘dWI , ‘MayGt
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO, 1
EXHIBIT wAw
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Communit-
litiee 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 Facilitiee Di
not within the Bridge & Thoroughfare District.
RESIDENTIAL PROPBRTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the fanuance 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 IMPROVEMEN
PROPERTY CATEGORY AREA I AREA I1
$ 277.00 Residential Low $ 281.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
Reeidential Medium to High 1,984.00 1,060.00
Residential High 2,793 .OO 2 , 739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
ties shall be eubject to the following deecribed SPECIAL I:
MENT TAX - ONE TIME, also subject to increaeee ae Be
herein, ae followa:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PE
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19s
IMPROVEMENT I MPROVEME!
AREA 11 PROPERTY CATEGORY AREA I
$ 3,835.0( Residential Low $ 4,452.00
Residential Low to Medium 4,452 .OO 3,835.0(
Reeidential Medium 2,810.00 2,312.0(
Residential Medium to High 2,810.00 2,312.0(
Residential High 2,810.00 2,312.0(
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CVHHSRCIALr ENDVSTRZAL AID QTBBR PROPBRTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior
issuance of a building permit shall be subject to the fo
maximum annual special taxes, also subject to increases
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/19
IMPROVEMENT IMPROVEMEN
AREA I AREA I1
commercial Property $ 2,400.00 $ 1,600.00
960.00 Industrial Property 1,200.00
Agricultural Property -0- -0-
All Commercial and Induetrial Property, upon the iemuanc
building permit, shall have the option to (1) pay the
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPEC - DEVELOPED PROPERTY for a period of not to exceed twen
(25) years, generally in the amount6 par property catec
follows:
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MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME FOR FI
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMEN?
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Faet 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 14.95 4.41
Bank - Walk In 12.83 4.60
Auto - Gasoline 8.11 2.89
7.78 2.56
7.59 3.48
Grocery Store s t L with Drive-thru
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
3.03 s & L - Walk In
Race Track 5.10 2.33
Library 4.26 2.86
Hoepital - General 3.88 3.18
Hotel - Conv. Pac/Comm. 3.47 2.52
Aut0 - Repair & Sales 3.41 1.58
Regional Shopping Center 3.35 1.61
Discount Store 3.22 1.58
Church 2.99 1.94
Office - Governrnont 2.93 1.88
commercial Shops 2.90 1.58
Health Club ' 2.89 1.85
Motel 2.69 2.06
Office - High Rfso 2.67 1.84
offico - ~ommotcial, IOO,OOO SF 2.56 1.75
offico - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23
Indoor Sports Arona 2.33 2.23
Resort Hotel 2.30 1.98
5.51
Community Shopping Center 4.24 1.80
Golf Course 3.06 2.14
Lumber/Hardwaro Store 2.47 1.58
University 2.26 1.91
Junior College 2.19 1.90
All other Commercial Properties 2.14 1.44
not indentified above
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IMPROVEMENT IMPROVEME
INDUSTRIAL USE DESIGNATIONS AREA 1 AREA I1
Heliports S 10.63 S 3.67
Industrial-Commercial Business
Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATB,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" 1
Fiscal Year shall not exceed 13.81% of the authorized "
Special Development Tax - One Time" for the various Corn
and Industrial Property categoriee as set forth above
amount applicable and annually adjueted for each Fiscal Ye
ANNUAL TAX IRCRBASB
The above SPECIAL TAXES for the taxable properties are
able for the fiscal year 1990/91, and are all subject to
increases to reflect increases in construction coats
CanBtruction Cart Index of the Enaineerinq Newa-Recard,
"ENR Cost Indexes in 22 Cities" will be used. Thc
published *for the month of April for the city of Los
under the column heading of "Percentage Change from Lasi
will annually inflate each of the Maximum Annual Taxes f
year for prdperties as follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of
above-referenced increaae.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed
of the above-referenced increaae until annexed.
TERM OF TAX
The above taxer shall be levied until all bonds have be
charged and facflitiea funded and/or guaranteed, and the
DEVELOPXBNT TAX - ONE TIME has been paid; however, the
SPECIAL TAX - DEVELOPED .PROPERTY shall not be levied
period in exceee of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential E
property no longer will be 8UbjeCt to any annual special t
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been pa
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Commercial & Industrial:
The Commercial and Industrial properties, upon the ieeuanc
building permit, have the Option to (1) pay the SPECIAL DE
DEVELOPED PROPERTY, as set forth above. Upon the iaeua
any building permit, no further increase or escalat
authorized.
MENT TAX - ONE TIME Or (2) assume tha ANNUAL SPECIAL
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities sh
allocated as follows: 65% to Residential property,
Commercial & Induetrial property. The above coats exclude
of issuance as needed.
Residential property shall be taxed in an amount suffici
meet the 65% ahare of facilities, which tax will include
of issuance, interest and other c08t8, including einkin
payment6 for future construction as applicable.
Commercial fi Industrial property ahall be taxed in an
sufficient to meet the 35% ahare of facFlitiea, WhFch ta
include costa of issuance, interert and other costi, inc
sinking fund payments for futurq construction as applicable
COLLECTION OF ANNUAL TAX
Residential :
Determine monie8 noceaeaty to make paymont on bond debt se
replenish resetvo, call bonds, pay bond. and Community F
ties Diatrict No. 1 adminiatrative costs, and pay for
capital facilitier. FIRST: Reduce this amount by the
collected from Special Dovolopment Tax - On. Time levied a
residential properties. SECOND: The remaining fundr need
to be collected by the levy of tho annual Special
Undeveloped Proparty on undeveloped taxable re6idential ac
in the proportional amounts for each property categc
required, not to exceed the maximum authorized tax.
commercial and Industrial:
Determino monies noceosary $0 make payment on bond debt se
replenish reservel call bonds, pay bonda and Community F
lies District No. 1 administrative costi, and pay for curr
future public capital facilities. FIRST: Reduce this amo
the funds collectad from Special Development Tax - One Ti
annual Special Tax - Developed Property levied agai.net c
cial and industrial properties. SECOND: Levy the
Special Tax - Undeveloped Property on undeveloped taxable c
cial and industrial acreage in the proportional amounts fo
property category as required', not to exceed thp maximum ta
I
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RESOLUTION NO. 91-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INCUR A BONDED INDEBTEDNESS AND SUBMITTING A
PROPOSITION TO THE QUALIFIED VOTERS OF A
COMMUNITY FACILITIES DISTRICT
CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO
WHEREAS, the CITY COUNCIL of the CITY OF CAR
CALIFORNIA, (hereinafter referred to as the "legislative t
the local Agency"), has previously declared ita intenti
held and conducted a public hearing relating to the issuc
bonds to be secured by special taxea to pay for certain
capital facilities in a community facilitiee district, as
rized pursuant to the torms and provision8 of the "Me11
Community Facilities Act of 1982", being Chapter 2.5, P
Division 2, Titlo 5 of the Governmont Code of tho St
California, said Community Facilities District shall herei
be referred to as COMMUNITY FACILITIES DISTRICT NO. 1 (t
after referred to as the "District"); and,
WHEREAS, at this time this legislative body is desir
proceed to mak8 the necessary findingo to incur the
indebtedness, to declare the purpose for aaid debt,
authorizo the submittal of a combined proposition to the
of said District, being the landowners of the proposed Dip
all a. 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 qui
electors of aaid District certain propoeitions relating
authorization to levy a special tax and the incurrinc
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bonded indebtedness in order to pay for certain capital i
tiem to aerve the District, pursuant to the provisions
ttMello-Roos Community Facilities Act of 1982’1, ae refl
above.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all tr
correct.
NECESSITY FOR BOND ISSUE
SECTION 2. That this legislative body hereby ex1
declare8 and state8 that it is necessary to incur a
indebtedness as authorized under the terms and provisions
“Mello-Room Community Facilities Act of 1982“, in or
finance the below described public capital facilities.
PURPOSE OF BOND ISSUE
SECTION 3. That the purpose for the propoeed
indebtedness and facilities ptOpO8Od to be financed throu
issuance of said bonds, is generally dercribed as follows:
I. Public facilities generally deacri
a new library facility, a major addition to an exieting 1
building, a City Hall complex, and the addition of offi
warehour. facilitiea at the public safety center.
11. Park improvements generally deeigna
the MACARIO CANYON PARK.
111, Major street improvamente In porti
the follawing designated public street.: FARADAY AVENUE,
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE RC
LEUCADIA BOULEVARD. ab
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IV. Major bridge and overpass facil
generally described as the LA COSTA INTERCHANGE, POINSETTIA
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
BOUNDARIES OF DISTRICT
SECTION 4. That the whole of the District will pay fc
above-referenced bonded indebtedness. A general descripti
the District is as follows:
All property within tho boundaries of COMI
FACILITIES DISTRICT NO. 1, as shown on a map a8 prev
approved by this legislative body, said map designated k
name of this Community Facilities District, a copy of wh.
on file in the office of the City Clerk.
BOND AMOUNT
SECTION 5. That the amount of the proposed
indebtedness, including the coat of the facilitie., to
with all incidental expen8esI contingencies and financing
is generally estimated to be:
$130~000~000~00
Said costs are repramented in current d
and are subject to escalation to provide for increas
future phaees of Construction.
BOND TERMS
SECTION 6. That it is hereby further determined that
shall be issued and the maximum term of bonds and/or any
shall not exceod forty (40) years, and said bonds may be
in differing aerioo, at differing timer. The maximum L
interest to be paid on oaid bondo shall not exceed the q
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of either- twelve percent (12%) per annum or the maximi
permFttod by law at the time of sale of any of said bond
interest on said bonda ahall be payable semi-annually, <
principal on said bonds shall be paid annually, wi
payments being made to the registered owner of said bo1
authorized by law. The bonds, except where other funds a
available, shall be paid exclusively from the annual levy
special tax, and are not secured by any other taxing pf
funds of the Community Facilitieo District or the City.
ELECTION
SECTION 7. The proposition related to the incurring
bonded indebtedneom ehall be consolidated with the pros
relating to the levy of the special tax, shall be combin
one ballot proposition, and shall be submitted to the qu
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 L
to ae "Election Official"). If the combined proposition
levy of the special tax and the incurring of the bonded ir
ness receive the approval of more than two-thirds (2/3)
voteo camt on the proposition, bondo may be authorized,
and sold for the purposes eet forth herein and the spec
may be levied as provided for in the Remolution of Format
BALLOT
SECTION 8. That the ballot propomal to be submittec
qualified voter. at the election shall generally be am fo
a
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PROPOSITION A
Shall the City of Carlebad, Community
Facilities District No. 1, County of
San Diego, 1) incur a bonded indebtedness
in an amount estimated to be $130,000,000,
subject to inflation, to finance the
installation of public facilities generally
described as a new library facility, a major
City'Hall complex, and the addition of office I YES I
and warehouse facilities at the public safety I I
Macario Canyon Park, major street improvements I NO I
in portions of Faraday Avenue, Cannon Road, La I I
coclta Avenue, OlivenhaFn RaadjRancha Santa Fa
Road and Leucadia Boulevard, and major bridge
and overpaes facilities described as tho La
Costa Interchange, Poinsettia Lane Interchange
and Palomar Airport Road Interchange, 2) levy
epecial taxee to pay for aaid facilities and/or
to pay for any authorized and ioeued bond
indebtadnase, and 3) establish an Article XIIIB
appropriation6 limit equal to the maximum autho-
rized special taxem which may be levied in any
fiscal year?
addition to an existing library building, a I I
center, and park improvements designated ae 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 Cornmunit
litieo District shall be subject to AiNUAL SPECIAL T
applicable, barod upon the property categories, maxi
rates, increaser and status of the issuanco of building 1
all as hereinaftot set forth. Improvement Area I refera
properties within the boundaries of tho City of Carlebac
and Thoroughfaro Dietrict. Improvemont Area I1 is
remaining propertior within the Community Facilities D
not within the Bridge & Thoroughfare District.
RBSIDBbTIAL PROPBRTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the iaouance of a buildinc
ahall be subject to the following maximum annual specia
subject to increaaee as set forth herein:
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MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP€
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199:
IMPROVEMENT IMPROVEMEN'
AREA I AREA I1 PROPERTY CATEGORY
Residential Low S 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
Residential Medium to High I, 984.00 1,868.00
Reeidential High 2,793.00 2,739 .oo
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
ties shall be subject to the following doscribed SPECIAL D
MENT TAX - ONE TIME, also subject to increases as set
herein, as follows:
MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME PE
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 199
IMPROVEMENT IMPROVEMEN
AREA I AREA I1 PROPERTY CATEGORY
Reeidential Low $ 4,452.00 $ 3,835.00
4,452 .OO 3,035.00 Residential Low to Medium
Residential Medium 2,810.00 2,312 .OO
Residential Medium to High 2,810.00 2,312 .OO
Reeidential High 2,810.00 2,312.00
COXXIRCIAL, INDUSTRIAL AND OTEIR PROPBRTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Proporty prior
isauanco of a building permit shall bo subject to tho fo
maximum annual spocial taxes, also subjoct to increames
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/19
IMPROVE$ENT IMPROVEMEN
AREAL -1 AREA I1
Commercial Property '$ 2,400.00 $ 1,600.OC
1,200.00 960.0( Industrial Property
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuan
building permit, ohall have the option to (1) pay the
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DEVELOPMENT TAX - ONE TIHB or (2) assume the ANNUAL SPECIA - DEVELOPED PROPERTY for a period of not to exceed twenty
(25) yrrre, generally In the amounts per property catago
follow.:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FI
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMEN3
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Faat 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
Rartaurant - ~uality 6.57 3.09
Neighborhood Shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52 s 6i L - Walk In 5.51 3.03
Race Track 5.10 2.33
2.86 Cibrary 4.26
Community shopping Center 4.24 1.80
Hospital - General 3.88 3.18
Auto - Repair & Sale8 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 - Governmont 2.93 1.88
Commercial Shops 2.90 1.58
Mot01 2.69 2.06
Officm - High Rise 2.67 1.84
office - Commercial, ~OO,OOO' SF 2.56 1.75
Lumber/Hardwarm Store 2.47 1.58
office - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23
Indoor Sports Arena 2.33 2.23
Reaort Hotel 2.30 1.98
University 2.26 1.91
Hotel - Conv. Fac/Comm. 3.47 2.52
Health Club 2.89 1.85
Junior Col-lege 2.19 1.90
All other Commercial Properties 2.14 1.44
not indentified above
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IMPROVEMENT IMPROVEMEN:
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliport8 $ 10.63 $ 3.67
Industrial-Commercial Bueineea
Park 2.14 1.51
All other Induetrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" f
Fiscal Year shall not exceed 13.81% of the authorized "E
Special Development Tax - One Time" for the various Comn
and Industrial Property categories as set forth above
amount applicable and annually adjusted for each Fiscal Yec
ANNUAL TAX IlCREASB
The above SPECIAL TAXIS for the taxable properties are
able for the fiscal year 1990/91, and are all aubject 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 Clty of LOS
under the column heading of "Percentage Change from Lasl
will annually inflate each of the Maximum Annual Taxes fc
year for properties as follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of
above-referenced increaae.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed
of the above-referenced increase until annexed.
TERM OF TAX
The above taxe8 shall be levied until all bond8 have be
charged and facilities funded and/or guaranteed, and the
DEVELOPMENT TAX - ONE TIME.haa been paid; however, the
SPECIAL TAX - DEVELOPED PROPERTY shall not be leviec
period in excesa of twenty-five (25) years per parcel.
Residential:
Once a building permit ham been issued for Residential
property no longer will be subject to any annual special
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been p
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Commercial & Industrial: .
The Cammorcial and Industrial properties, upon the issuanc
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 issua
any building permit, no further increase or escalat
authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilitieo sh(
allocated as follows: 65% to Residential property,
Commercial & Industrial property. The abov,e costs exclude
of issuance as needed.
Regidential propartr shall be taxed in an amount suffici
meet the 65% ohare of facilitieo, which tax will include
of issuance, intetrat and other costs, including sinkin
payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an
sufficient to meet the 351 ohare of facilities, which ta
include costs of iaauance, intere8t and other costa, inc
sinking fund payment8 for future construction a8 applicablc
COLLECTION OF ANNUAL TAX
Residential:
Determine moniem neceaoary to make payment on bond debt st
replenioh reserve, call bonds, pay bonds and Community 1
tiee District No. 1 administrative costa, and pay for
capital facilities. FIRST: Reduce thir amount by the
reridential properties. SECOND: The r8maining fund. neec
to be collectod by the levy of tho annual Special
Undeveloped Property on undeveloped taxable residential ac
in the proportional amounts for each property catec
required, not to exceed the maximum authorized tax.
Commercial and Indumttial:
Determine moniom necessary to make payment on bond debt s
replenish reservo, call bonds, pay bonde and Community
lie0 Dirtrict No. 1 administrative comtm, and pay for cur
future public capital facilities. FIRST: Reduce thia am
the funds collected from Special Development Tax - One T
annual Special Tax - Developed Property levied against
Levy the cia1 and indumtrial properties.
Special Tax - Undeveloped Property on undeveloped taxable
cia1 and induotrial acreage in the proportional amounts f
collected from Special Development Tax - One Time levied I
SECOND:
property category ai required, not to exceed the maximum t
***
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VOTE
SECTION 9. That the appropriate mark placed in the 7
square after the word "YES" ehall be counted in favor c
adoption of the propoaition, and the appropriate mark plac
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the voting square after the word "NO" in the manner as
rized, shall be counted against the adoption of
proponit ion*
ARGUMENTS
SECTION 10. Argumonte may bo filed for and/or again
ballot meaaure, and the Election Official shall seloct
the argumente in favor and one of the argumente again
measure for printing and distribution. The Election 0
ehall give preference and priority in the following eequenc
A. The legislativo body or any member 4
a0 authorized;
8. Individual property owners or bon
asaociation of property ownere or combinations of p
owner6 and aeoociatione who are the bona fide eponeors or
nenta of the moarute;
C. Bona fide aetaociatFon8 of property o
D. Individual property owners w
eligiblo to vote on the measure.
DEADLINE FOR FILING ARGUMENTS
SECTION 11. That notice is hereby given that
arguments, not to exceed three hundred (300) words in
for or againat the measure, shall be filed not later tk
P.M. on February 19, 1991, at the Office of the
Official.
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That any argument submitted for or agains
meaeure ehall be accompanied by a statement set forth in Sr
5350 of the Elections code, eigned and completed by the
of such argument.
REBUTTAL ARGUMENTS
SECTION 12. That Ff any pereon submits an argument a
the combined ballot proposition as set forth herein, (
argument has been filed in favor of the combined propos
the Election Official shall then immediately send a copy o
argument to the person filing the argument in favor o
combined ballot proposition. The person filing the argun
favor of the combined ballot proposition may prepare and
a rebuttal argument not to exceed two hundred fifty (250)
The Election Official ehall then eend copies of the argup.
favor of the ballot propomition, who then may prepare and
a rebuttal argument to the argument in favor of the CI
ballot proposition, such rebuttal argument not exce
hundred fifty (250) words. The rebuttal argument shall bd
with the Election Official not more than ten (10) day8 af
final date for filing the direct argument. Rebuttal ar
shall bo printed in the same manner as direct arguments a
rebuttal argument shall immediately follow the direct a
c
which it seeks to rebut.
This right of rebuttal, a8 provided
Reeolution, is applicable only to the ballot proposition
ing to this Community Facilitfee District, and shall nc
to any future Dimtrict elections.
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IMPARTIAL ANALYSIS
SPCTIQN 14, That City Attorney is hereby dlrect
prepare an impartial analysis on the combined ballot propo
and file it with the Election Otficial.
show the effect of the proposition on the existing law ai
general operation of the proposed ballot proposition.
such analysis
ELECTION PROCEDURE
SECTION 15. The Election Official ie hereby authori
take any and all step6 necessary for the holding of said
tion. Said Election Official shall perform and rendc
service# and proceeding8 incidental to and connected wil
conduct of said election, and said aerviceo ehall includ
not be limited to the fallawFng aetlvitios ao are apprapri
the eubject election:
A. Prepare and furnish to the el
officers necesaary election suppliom for the conduct
election.
B. Cauae to bo printed the requisite
of official ballot., talley eheete and other neceesary forn
C. Furnieh and addreem to mail of
ballots' to tho qualified electors of the Community Fac.
.
Dietriet.
D. Cause the official ballots to be
and/or delivered, an required by law.
E. Recoive tho roturna of the electi
aupp1iea.-
F. Sort and aoaemble the election m
and euppliem in preparation for the canvassing of the retu
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G. Canvaoe the return0 of the election.
H. Furnish a tabulation of the numt
votes given in the election.
I. Make all arrangements and tak
neceeeary steps to pay all costs of the election incur:
result of services performed by the District and pay cos
expenses of all election officials.
J. Conduct and handle all other mi
relating to the proceedings and conduct of the election
manner and form as required by law.
NOTICE
SECTION 17. That the City Clerk ie hereby orde
certify to the passage of thie' Reaolution and ohall caua
Resolution to be published once a week for two succeosivc
in the CARLSBAD JOURNAL. Thir, Re8OlUtiOn shall con8titu
notice of the special bond election and authorization to
special tax.
PASSED, APPROVED AND ADOPTED by the City Council
S ec a1 city of Carlsbad at ita/&d- meeting held on the 29th
January I 1991, by the following vote, to Of
AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nyga
NOISz None
ABSENT: None
ATTEST:
. ALETHA L. RAUTENKRANZI Citk Clerk
(SEAL)
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