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HomeMy WebLinkAbout2005-11-15; City Council; 18342; Community Facilities District 1 Annexation Cassia HeightsCITY OF CARLSBAD - AGENDA BILL I I 1 AB# 18,342 TITLE: MTG. 11/15/05 I COMMUNITY FACILITIES DISTRICT NO. 1 DEPTHD: 1-y CITY AlTY: I ANNEXATION NO. 05/06-02 - CASSIA HEIGHTS I DEPT: Citv Mqr. RECOMMENDED ACTION: Adopt Resolution No. 2005-338 to affirmatively vote in the election to annex property to Community Facilities District No. I and authorize the levy of special taxes pursuant to the rate and method of apportionment of Community Facilities District No. 1. Adopt Resolution No. 2005-339 Community Facilities District. certifying and adding property to an existing ITEM EXPLANATION: Background Property owners of vacant land in Carlsbad and the City worked together to form Community Facilities District (CFD) No. 1. The CFD provides funding for a variety of infrastructure projects, which will be necessary to meet the requirements of the Growth Management Program. Council formed CFD No. 1 in 1991, following an election by property owners for a special tax to be levied upon their property to fund construction or acquisition of capital projects. The Carlsbad philosophy is that CFD financing is not intended to relieve any property owner of the responsibility to provide funding for infrastructure improvements related to a single development. Because our guidelines ensure that the obligation on a residential unit is paid in full when the building permit is issued, a City CFD affects no homeowner in Carlsbad. No homeowner will pay City-imposed Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No. 1. Annexation proceedings were anticipated to occur as each zone progressed through the development process. With the exception of the more developed areas, each zone plan requires either annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized future annexation of the remaining undeveloped land into CFD No. 1. This action permits developers to use the simplified annexation procedure and allows development to proceed without additional public hearings or special elections. The simplified annexation procedure lets property owners administratively petition to annex into CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1, thus fulfilling their obligation for certain public facilities. I Annexation No. 05/06-02 - Cassia Heights As a condition of approval for discretionary action (GPA02-05, ZCO2-06, SDP02-13, HDP02-13 and SUPO2-09) received August IO, 2004, the Cassia Heights property is required to annex into CFD No. 1. The City of Carlsbad, a Municipal Corporation, is the property owner. The City Council previously leased the property to El Camino Family Housing Partners, LLC for the construction of affordable housing. However, as the property owner, the City Council must approve the annexation. Adoption of the Resolution Approving an Affirmative Vote and Authorizing the Levy of Special Tax (Exhibit 2) waives the time limit specified by law and unanimously approves the annexation of the property to CFD #I and the levy of special taxes. The election is held simultaneously with the approval of such Resolution. The City Clerk shall then complete a Statement of Votes Cast showing how the three votes (one per acre or part thereof) were cast. If Council approves the first resolution, then Council may adopt the second Resolution formally authorizing the annexation by certifying and adding the property into the original Community Facilities District. After Council authorization, a Notice of Annexation will be filed with the County Recorder as a lien against the property. FISCAL IMPACT: When CFD No. 1 was established, it was anticipated that all vacant, undeveloped or underdeveloped land would annex as it developed, thus providing the necessary cash flow to finance the construction of certain public facilities. The following estimates are based upon CFD No. 1 actual tax rates for fiscal year 2005-06. The property being annexed is owned by the city of Carlsbad and leased under a ground lease to El Camino Family Housing Partners, LLC which is developing it. The property has been approved for the development of fifty-six residential dwelling units comprised of approximately 2.63 acres. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 2006-07; although at this time, the tax rate is $0. The property is also subject to the CFD No. 1 Special Development Tax - One-Time at the time of building permit issuance. Using the 2005-06 tax rates, this tax is estimated at $65,723. This tax will be paid by the lessee, El Camino Family Housing Partners, LLC. Through the use of the simplified annexation procedure, both the City and the owner are able to avoid election costs and additional time delays. A fee of $1,035 to cover annexation processing, map preparation, and filing costs has been paid by El Camino Family Housing Partners, LLC. EXHIBITS: I. Boundary Map 2. Resolution No. 2005-338 approving an affirmative vote in the election to annex property to Community Facilities District No. 1 and authorizing the levy of special tax. 3. Resolution No. 2005-339 certifying and adding property to an existing Community Facilities District No. 1. 3 EXHIBIT 1 EXHIBIT 2 RESOLUTION NO. 2005-338 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO AFFIRMATIVELY VOTE IN THE ELECTION TO ANNEX PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1 AND TO AUTHORIZE THE LEVY OF THE SPECIAL TAX PURSANT TO THE RATE AND METHOD OF APPORTIONMENT OF COMMUNITY FACILITIES DISTRICT NO. 1 WHEREAS, the CITY OF CARLSBAD, CALIFORNIA (the “City”), currently owns approximately 2.63 acres identified as assessor parcel number 2 15-020-27-00 located along El Camino Real, North of Poinsettia Lane. The property being identified as CITY PROPERTY (the “Property”); and, WHEREAS, the City Council previously approved a ground lease of said Property with El Camino Family Housing Partners, LLC; and WHEREAS, at this time annexation into Community Facilities District No. 1 is required as the Property has received discretionary approvals (GPA 02-05, ZC 02-06, SDP 02-13, HDP 02-13 and SUP 02-09). Such annexation is required into Community Facilities District No. 1 at the first discretionary approval other than a Master Plan or Specific Plan; and WHEREAS, it is now necessary for the City Council, as the owner of the Property, to vote to approve such annexation to Community Facilities District No. 1 and to authorize the levy of the Special Tax. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. The above recitals are all true and correct. 2. That the City Council does hereby authorize the Mayor to sign the “Consent And Waiver To Shortening Of Time For Conducting A Special Election In Property Proposed To Be Annexed To City Of Carlsbad Community Facilities District No. 1” (Exhibit A) waiving the time limit specified by the ”Mello-Roos Community Facilities Act of 1982”, (Government Code $533 11 and following) (the “Act”) for conducting an election and the requirements for impartial analysis and ballot arguments as further described in Exhibit A. 3. That City Council does hereby unanimously consent to the annexation of the Property to Community Facilities District No. 1 and the levy of special taxes of Community Facilities District No. 1 pursuant to the Rate and Method of Apportionment. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 15 th day of November ,20E, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: CONSENT AND WAIVER TO SHORTENING OF TIME FOR CONDUCTING A SPECIAL ELECTION IN PROPERTY PROPOSED TO BE ANNEXED TO CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES ANNEXATION NO. 05/06-02 TO: CITY COUNCIL COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF CARLSBAD THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY AS FOLLOWS: 1. The undersigned is the owner, or the duly authorized representative of such owner, of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and, in such capacity, possesses all legal authority necessary to execute this Consent and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the annexation of the Property to the District (as defined below). 2. The Owner is aware of and understands the following: A. The City of Carlsbad has conducted proceedings pursuant to the "Mello-Roos Community Facilities Act of 1982", (Government Code $5331 1 and following) (the "Act") to form a community facilities district known and designated as Community Facilities District No. 1 (the "District1') to finance the following described public facilities (the "Public Facilities"): (1) Public facilities generally described as new library facility, major addition to an existing library building, a City Hall complex, and the addition of office and warehouse facilities at the public safety center; (2) Park improvements generally described as the Macario Canyon Park; (3) Major street improvements in portions of the following designated public streets: (a.) Faraday Avenue; (b.) Cannon Road; (c.) La Costa Avenue; (d.) (e.) Leucadia Boulevard. OlivenhaidRancho Santa Fe Road; and 1 (4) Major bridge and overpass facilities generally described as: (a.) La Costa Interchange; (b.) Poinsettia Interchange; and (c.) Palomar Airport Road Interchange. B. The City and the qualified electors of the District did authorize the issuance of bonds of the District in an aggregate principal amount of $130,000,000 subject to inflation to finance the acquisition or construction of the Public Facilities and the levy of the special tax set forth in Exhibit “B” hereto (the “Special Tax”) within the District to pay for the Public Facilities, to pay debt service on bonds of the District, or both. C. The City Council of the City (the “City Council”) has also undertaken proceedings pursuant to Article 3.5 of the Act to provide for the future annexation of certain territory, including the Property, to the District. On May 18, 1993, the City Council held a public hearing as required by the Act to consider the future annexation of such territory, including the Property, to the District. Notice of such public hearing was given in the form and manner as required by law. A protest to such future annexation was not received from 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed in the future or the owners of one-half or more of the area of land in the territory proposed to be annexed in the future. At the conclusion of such public hearing, the City Council did approve and provide for the annexation of the territory, including the Property, proposed for annexation in the future upon the unanimous approval of the owner or owners of each parcel or parcels at the time that such parcel or parcels are annexed, without additional hearings. D. The Act hrther requires, as a prerequisite to the levy of any special taxes within the Property or the issuance of bonds secured by such special taxes, that the City Council must submit the question of whether or not to levy any special tax within the Property to the qualified electors of the Property at a special election. The Act further provides that 213’s of the qualified electors must vote in favor of the levy of the special tax. E. The Act provides that the qualified electors of the Property shall be the voters registered to vote within Property if at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the Property for each of the ninety (90) days preceding the close of the public hearing to consider the annexation of the Property to the District. Otherwise, the Act provides that the vote shall be by the landowners of the Property with each such landowner who is the owner of record at the close of such public hearing, or the authorized representative of such owner, having one vote for each acre or portion of an acre of land that such landowner owns within the Property. 2 F. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (180) following the date of the submission of the question of levying the special tax to the qualified electors of the Property; provided, however, any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors of the Property and the concurrence of the official conducting the election. As is stated below, it is proposed that the special election shall be held on Wednesday, November 9th, 2005 at 9:30 a.m. or such other date upon which all of the qualified electors of the Property and the official conducting the election may concur. 3. The Owner consents to and expressly approves the annexation of the Property to the District and the authorization for the levy of the Special Tax within the Property without further public hearing conducted pursuant to the provisions of the Act. The Owner waives any right which the Owner may have to make any protest or complaint or undertake any legal action challenging the validity of the proceedings of the City to authorize the future annexation of the Property to the District or any necessity, requirement, right or entitlement for further public hearing pertaining to the annexation of the Property to the District and the levy of the Special Tax within the Property. 4. the ninety (90) days preceding the date of this Consent and Waiver. Owner certifies that there have been no persons residing within the Property for each of 5. Owner desires that the special election be held on Wednesday, November 9th, 2005 at 9:30 a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the official conducting the election (the “City Clerk”), may mutually agree. 6. Owner expressly consents to the following: A. B. C. D. E. To the conduct of the special election on Wednesday, November 9th, 2005 at 9:30 a.m. or such other date as the qualified electors and the City Clerk may mutually agree. Owner expressly waives any right which owner may have to have the special election conducted within the time periods specified in Government Code Section 53326. . Owner waives any requirement for the mailing of the election ballot. Owner further waives any right or entitlement which Owner may have to have the ballot for such election accompanied by arguments for or against the ballot measure and the impartial analysis as otherwise required by Government Code Section 53327, and/or the statement required by Elections Code Section 5300 and following pertaining to the issuance of bonds. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the procedures to be undertaken for the conduct of such election, 3 including but not limited to, the shortening of all time periods pertaining to the special election, including but not limited to, the time for holding the special election and the necessity and requirement for any newspaper publication of the notice of such special election and the lack of arguments and impartial analysis. [Remainder of this page intentionally left blank.] 4 PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The owner hereby appoints or 3 alternatively, as its authorized representative to vote in the subject special election, and the owner certifies that the true and exact signature of each alternative representative is set forth below: Signature of Representative (Type or Print Name of Representative) Signature of Representative (Type or Print Name of Representative) PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERIALS The owner requests that all materials related to this annexation be mailed to the following address: The owner waives any right or requirement to have such materials mailed to the address shown on the assessor’s roll of the County of San Diego. 5 THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was executed this 18th day of Car Is b ad , California Claude A. Lewis, Mayor Type or Print Name of Signor If the person executing this document is not the owner of the property for which this document is being submitted but is signing for and on behalf of such owner, please fill in the name of the owner of the property on the line provided below: CITY OF CARLSBAD, A MUNICIPAL CORPORATION (Type or print name of the Owner) 6 EXHIBIT A DESCRIPTION OF PROPERTY Ownership: City of Carlsbad, a Municipal Corporation The Property is identified and described as: Assessor Parcel Number(s): Acreage: 2 1 5-020-27-00 2.50 Total: 1 Parcel 2.50 A EXHIBIT “B” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD B EXHIBIT “B” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexation Area shall be subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as established for the original Community Facilities District No. 1 and further based upon the property categories, maximum tax rates, increases and status of the issuance of building permits, all as hereinafter set forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area It is for all remaining properties within the Community Facilities District, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 199011991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 281.00 Residential Low to Medium 772.00 Residential Medium 1,294.00 Residential Medium to High 1,984.00 Residential High 2,793.00 $ 277.00 760.00 1,217.00 1,868.00 2,739.00 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: B-1 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 4,452.00 Residential Low to Medium 4,452.00 Residential Medium 2,810.00 Residential Medium to High 2,810.00 Residential High 2,810.00 $ 3,835.00 3,835.00 2,312.00 2,312.00 2,312.00 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a 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 PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA II 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 permit, shall have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per property category as follows: B-2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT DES I G N AT1 0 N S AREA I Restaurant - Fast Food $ 28.46 Outdoor Tennis Courts Convenience Market Bank with Drive-thru Campground Restaurant - Sit Down Marina Bank - Walk In Auto - Gasoline Grocery Store S & L with Drive-thru Bowling Center Restaurant - Quality Neighborhood Shopping Center Auto Car Wash S & L - Walk In Race Track Library Community Shopping Center Hospital - General Hotel - Conv. Fac/Comm. Auto - Repair & Sales Regional Shopping Center Discount Store Golf Course Church Office - Government Commercial Shops Health Club Motel Office - High Rise Office - Commercial, 100,000 SF LumbedHardware Store Office - Medical Hospital - Convalescent Indoor Sports Arena 28.14 27.31 18.06 17.51 15.17 14.85 12.83 8.1 1 7.78 7.59 6.63 6.57 6.46 6.31 5.51 5.10 4.26 4.24 3.88 3.47 3.41 3.35 3.22 3.06 2.99 2.93 2.90 2.89 2.69 2.67 2.56 2.47 2.42 2.33 2.33 IMPROVEMENT AREA II $ 7.58 7.26 6.74 5.72 4.99 4.73 4.41 4.60 2.89 2.56 3.48 2.83 3.09 2.27 2.52 3.03 2.33 2.86 1.80 3.1 8 2.52 1.58 1.61 1.58 2.14 1.94 1.88 1.58 1.85 2.06 I .75 1.58 2.07 2.23 2.23 I .a4 B-3 PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT DES I G N AT1 0 N S AREA I Resort Hotel University Junior College 2.30 2.26 2.1 9 All other Commercial Properties not identified above 2.14 INDUSTRIAL USE IMPROVEMENT DESIGNATIONS AREA I He lip0 rts $ 10.63 I nd ustrial-Commercial Business Park 2.14 All other Industrial Properties not identified above 1.74 IMPROVEMENT AREA II 1.98 1.91 1.90 1.44 IMPROVEMENT AREA II $ 3.67 1.51 I .42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fiscal 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. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enaineerina News-Record, titled “ENR Cost Indexes in 22 Cities” will be used. The Index published for the month of April for the City of Los Angeles under the column heading of “Percentage Change from Last Year” will annually inflate each of the Maximum Annual Taxes for each year for properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. B-4 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 facilities funded andlor guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME 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 no longer will be subject to any annual special tax. Commercial and Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential prooerty shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds B-5 collected from Special Development Tax - One Time levied against residential properties. SECOND: The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts of each property category as required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and pay for current or future public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed Property levied against Commercial and industrial properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable Commercial and Industrial acreage in the proportional amounts for each property category as required, not to exceed the maximum tax. *** B-6 EXHIBIT 3 RESOLUTION NO. 2005-339 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACITIES DISTRICT NO. 1 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the “City Council”), has previously formed a Community Facilities District pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”); and, WHEREAS, the legislative body has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA; and WHEREAS, at this time the unanimous consent to the annexation of certain territory to the District has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 05/06-02 (the “Annexed Area”); and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding November 15, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the “landowners” of such Annexed Area as such term is defined in Government Code Section 533 17(Q and each such landowner who is the owner of record as of November 16,2005, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to this City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3’s vote of the qualified electors, and this City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 05/06- 02 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. FINDINGS SECTION 2. That this legislative body does hereby further determine as follows: A. given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk. The unanimous consent to the annexation of the Annexed Area to the District has been B. Less than twelve (1 2) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding November 15,2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the “landowners” of such Annexed Area as such term is defined in Government Code Section 533 17(f). C. of special taxes within the Annexed Area upon its annexation to the District. The qualified electors of the Annexed Area have unanimously voted in favor of the levy ANNEXED AREA SECTION 3. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this legislative body. DECLARATION OF ANNEXATION SECTION 4. This legislative body does hereby determine and declare that the Annexed Area is now added to and becomes a part of the District. The City Council of the City, acting as the legislative body of the District, is hereby empowered to levy the authorized special tax within the Annexed Area. NOTICE SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (1 5) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (1 5) days after the date of adoption of this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the day of November ,20=, by the following vote, to wit: 15th AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO CITY OF CARLSBAD ) ) ss. The undersigned,. ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. I SPECIAL ELECTION ANNEXATION NO. 05/06-02 in such City, held November 15,2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 1 of such City for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES 4 NO I WITNESS my hand this /ka, day of >& ,20K. Cm LE$& U I// ELECTION OFFICIAL CITY OF CARLSBAD EXHIBIT B / // I I I I I I I I I I I I I I November 18,2005 SDFA 437 W. Grand Avenue Escondido, CA 92025 Attn: Barbara Hale-Carter ITEMS TO BE PICKED UP BY SDFA RE: CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 - ANNEXATION NO. 05106-2 Per your request, attached are the following documents for the above-referenced annexation: 0 0 0 Preliminary Title Report 0 0 Executed Consent and Waiver w/ Instructions Official Ballot (voted) with executed Ballot Envelope Copy of executed Resolution No. 2005-338 Copy of executed Resolution No. 2005-339 Please do not hesitate to contact me at (760) 434-2917 with any questions. Assistant City Clerk Enclosures (7) C: Lisa Hildabrand, Assistant City Manager David Barnum, Finance Manager Debbie Fountain, Housing & Redevelopment Director 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 0 (760) 434-2808 @ 8 € u 2 a OFFICIAL BALLOT SPECIAL MAIL BALLOT ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: 3 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 05/06-02 November 9,2005 To vote on any measure, fill in the voting square after the word “YES” of after the word “NO”. If you tear or deface this ballot, call the office of the City Clerk of the City of Carlsbad at 760- 434-2970 or the Finance Director at 760-602-2430 for assistance. PROPOSITION 1 Shall Community Facilities District No. 1 of the City of Carlsbad be authorized to levy special taxes within the territory shown on “Annexation Map No. 05/06-02 to Community Facilities District No. 1, City of Carlsbad, County Of San Diego, State of California” pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) attached as Exhibit A hereto to finance authorized public facilities, to pay debt service on bonds issued by such community facilities district, to fund and replenish a reserve fund, all as provided for in the Special Tax Formula? YES 0 NO 1of1 EXHIBIT “A” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD A EXHIBIT “A” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexation Area shall be subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as established for the original Community Facilities District No. 1 and further based upon the property categories, maximum tax rates, increases and status of the issuance of building permits, all as hereinafter set forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilities District, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 281.00 Residential Low to Medium 772.00 Residential Medium 1,294.00 Residential Medium to High 1,984.00 Residential High 2,793.00 $ 277.00 760.00 1,217.00 1,868.00 2,739.00 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: A- 1 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 4,452.00 Residential Low to Medium 4,452.00 Residential Medium 2,810.00 Residential Medium to High 2,810.00 Residential High 2,810.00 $ 3,835.00 3,835.00 2,312.00 2,312.00 2,312.00 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a 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 PER DEVELOPABLE ACRE FOR FISCAL YEAR I99011991 IMPROVEMENT IMPROVEMENT AREA I AREA II 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 permit, shall have the option to (1) pay. the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per property category as follows: A- 2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT DESIGNATIONS AREA I Restaurant - Fast Food $ 28.46 Outdoor Tennis Courts Convenience Market Bank with Drive-thru Campground Restaurant - Sit Down Marina Bank - Walk In Auto - Gasoline Grocery Store S & L with Drive-thru Bowling Center Restaurant - Quality Neighborhood Shopping Center Auto Car Wash S & L -Walk In Race Track Library Community Shopping Center Hospital - General Hotel - Conv. Fac/Comm. Auto - Repair & Sales Regional Shopping Center Discount Store Golf Course Church Office - Government Commercial Shops Health Club Motel Office - High Rise Office - Commercial, 100,000 SF Lu m be r/Ha rd wa re Store Office - Medical Hospital - Convalescent Indoor Sports Arena 28.14 27.31 18.06 17.51 15.17 14.85 12.83 8.1 1 7.78 7.59 6.63 6.57 6.46 6.31 5.51 5.10 4.26 4.24 3.88 3.47 3.41 3.35 3.22 3.06 2.99 2.93 2.90 2.89 2.69 2.67 2.56 2.47 2.42 2.33 2.33 1 M PROVE ME NT AREA II $ 7.58 7.26 6.74 5.72 4.99 4.73 4.41 4.60 2.89 2.56 3.48 2.83 3.09 2.27 2.52 3.03 2.33 2.86 1.80 3.18 2.52 1.58 1.61 1.58 2.14 I .94 1.88 1.58 1.85 2.06 1.84 I .75 1.58 2.07 2.23 2.23 A- 3 PROPERTY CATEGORY COMMERCIAL USE D ES I G N AT IO N S Resort Hotel University Junior College All other Commercial Properties not identified above INDUSTRIAL USE DESIGNATIONS He I i po rts I ndustrial-Commercial Business Park All other Industrial Properties not identified above IMPROVEMENT AREA I 2.30 2.26 2.1 9 2.14 IMPROVEMENT AREA I $ 10.63 2.14 1.74 IMPROVEMENT AREA II 1.98 1.91 1.90 1.44 IMPROVEMENT AREA II $ 3.67 1.51 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The ”Maximum Annual Special Tax - Developed Property” for any Fiscal 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. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enaineerina News-Record, titled “ENR Cost Indexes in 22 Cities” will be used. The Index published for the month of April for the City of Los Angeles under the column heading of “Percentage Change from Last Year” will annually inflate each of the Maximum Annual Taxes for each year for properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. A- 4 6. 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 facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME 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 no longer will be subject to any annual special tax. Commercial and Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential Droperty shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds A-5 collected from Special Development Tax - One Time levied against residential properties. SECOND: The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts of each property category as required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and pay for current or future public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed Property levied against Commercial and Industrial properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable Commercial and Industrial acreage in the proportional amounts for each property category as required, not to exceed the maximum tax. *** A-6