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HomeMy WebLinkAbout2010-06-22; City Council; 20265; CFD No. 1 Poinsettia PlaceCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,265 6/22/10 FIN COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 09/10-02 POINSETTIA PLACE DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER (^ RECOMMENDED ACTION: Adopt Resolution No. 2010-147 certifying and adding property to an existing Community Facilities District. ITEM EXPLANATION: Background Property owners of vacant land in Carlsbad and the City worked together to form Community Facilities District (CFD) No. 1. Council formed CFD No. 1 in 1991 following an election by the property owners. The property owners agreed to have a special tax levied on their properties to fund the construction or acquisition of capital improvements. As such, the CFD provides funding for a variety of infrastructure projects which will be necessary to meet the requirements of the Growth Management Program. Pursuant to Council Policy No. 33, CFD financing is not intended to relieve any developer of the responsibility to provide funding for infrastructure improvements related to a single development. Further, to the extent that a CFD has been formed to finance the construction of public infrastructure, Council Policy No. 33 states that any and all future tax obligations related to a residential parcel will be discharged in full at the time building permits are issued for the construction of a residential unit. Because Council Policy No. 33 ensures the obligation on a residential unit is paid in full when the building permit is issued, the CFD does not affect homeowners in Carlsbad. As such, a Carlsbad homeowner will not pay City-imposed Mello- Roos taxes. However, per Council Policy No. 33 developers of non-residential property are provided the option of discharging their future tax obligation at the time building permits are issued or assuming the tax liability basis. 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 annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized the 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 DEPARTMENT CONTACT: Aaron Beanan 760-602-2430 aaron.beanan@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nn nn Page 2 No. 1. Upon Council approval, property will be annexed into CFD No. 1 which will fulfill their obligation to contribute towards certain public facilities. Annexation No. 09/10-02 - Poinsettia Place As a condition of approval for discretionary actions received February 16, 2010, parcel 215-020- 23-00, is required to annex into CFD No. 1. The applicant, Carlsbad Poinsettia Land Co., LLC, has completed the required Consent and Waiver to Shortening of Time for Conducting a Special Election in Property Proposed to be Annexed (Exhibit 2) and cast a positive ballot for the annexation of property and the levy of the special tax. The election was held on April 27, 2010. The City Clerk completed a Statement of Votes Cast showing 19 votes cast in favor of the proposition and zero votes cast against the proposition (included with Exhibit 1). Council may formally authorize the annexation by certifying and adding the property into the original Community Facilities District. After Council authorization, a Notice of Annexation (Exhibit 3) 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 ail vacant, undeveloped, or underdeveloped land would annex as it developed. This process ensured the necessary cash flow was available to finance the construction of certain public facilities. The following estimates are based on the CFD No. 1 actual tax rates for FY 2009-10. Annexation No. 09/10-02 - Poinsettia Place The property being annexed has been approved for the development 82 airspace condominiums units, comprised of approximately 19 acres. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in Fiscal Year 2010-11. Using the Fiscal Year 2009-10 tax rates, the levy will be approximately $0. The property is also subject to the CFD No. 1 Special Development Tax - One-Time which is payable at the time of building permit issuance. Using the Fiscal Year 2009-10 tax rates, this tax is estimated at $189,948. Using the simplified annexation procedure saves the City and the owner election costs and additional time delays. A fee of $1,271 to cover annexation processing, map preparation, and filing costs has been paid by the applicant. ENVIRONMENTAL IMPACT: The annexation of territory to the existing CFD No. 1, as a financing mechanism to provide for the construction of certain public facilities, is not a "project" pursuant to CEQA Guidelines Section 15378(b)(4). Therefore, environmental review is not required. Page 3 EXHIBITS: 1. Resolution No. 2010-147 certifying and adding property to an existing Community Facilities District No. 1. 2. 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 Representative Annexation No. 09/10-02 - Poinsettia Place. 3. Notice of Annexation No. 09/10-02. 4. Community Facilities District No. 1, 2009-10 actual tax rates. Exhibit 1 1 RESOLUTION NO. 2010-147 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT 5 N0.1 6 7 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the 8 "City Council"), has previously formed a Community Facilities District pursuant to the 9 provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, 10 Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 11 3.5 thereof. The existing Community Facilities District being designated as 12 COMMUNITY FACILITIES DISTRICT NO. 1 (the "District"); and, 13 WHEREAS, the legislative body has also established a procedure to allow and 14 provide for future annexations to the District and the territory proposed to be so 15 annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, 16 FUTURE ANNEXATION AREA; and 17 WHEREAS, at this time the unanimous consent to the annexation of certain 18 territory to the District has been received from the property owner or owners of such 19 territory, and such territory has been designated as ANNEXATION NO. 09/10-02 (the 20 "Annexed Area"); and 21 WHEREAS, less than twelve (12) registered voters have resided within the 22 territory of Annexed Area for each of the ninety (90) days preceding April 27, 2010, 23 therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the 24 "landowners" of such Annexed Area as such term is defined in Government Code 25 Section 53317(f) and each such landowner who is the owner of record as of April 27, 26 2010, or the authorized representative thereof, shall have one vote for each acre or 27 portion of an acre of land that she or he owns within such Annexed Area; and 28 ^ Exhibit 1 1 WHEREAS, the time limit specified by the Act for conducting an election to 2 submit the levy of the special taxes on the property within the Annexed Area to the 3 qualified electors of the Annexed Area and the requirements for impartial analysis and 4 ballot arguments have been waived with the unanimous consent of the qualified electors 5 of the Annexed Area; and 6 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be 7 distributed to the qualified electors of the Annexed Area, has received and canvassed 8 such ballots and made a report to this City Council regarding the results of such canvas, 9 a copy of which is attached as Exhibit A hereto and incorporated herein by this 10 reference; and 11 WHEREAS, at this time the measure voted upon and such measure did 12 receive the favorable 2/3's vote of the qualified electors, and this City Council desires to 13 declare the results of the election; and 14 WHEREAS, a map showing the Annexed Area and designated as Annexation 15 No. 09/10-02 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto 16 and incorporated herein by this reference, has been submitted to this legislative body. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California as follows: 19 RECITALS 20 SECTION 1. The above recitals are all true and correct. 21 FINDINGS 22 SECTION 2. That this legislative body does hereby further determine as follows: 23 A. The unanimous consent to the annexation of the Annexed Area to the 24 District has been given by all of the owners of the Annexed Area and such consent shall 25 be kept on file in the Office of the City Clerk. 26 B. Less than twelve (12) registered voters have resided within the territory of 27 Annexed Area for each of the ninety (90) days preceding April 27, 2010, therefore, 28 Exhibit 1 1 pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" 2 of such Annexed Area as such term is defined in Government Code Section 53317(f). 3 C. The qualified electors of the Annexed Area have unanimously voted in 4 favor of the levy of special taxes within the Annexed Area upon its annexation to the 5 District. 6 ANNEXED AREA 7 SECTION 3. The boundaries and parcels of territory within the Annexed Area and 8 on which special taxes will be levied in order to pay for the costs and expenses of 9 authorized public facilities are shown on the Annexation Map as submitted to and 10 hereby approved by this legislative body. 11 DECLARATION OF ANNEXATION 12 SECTION 4. This legislative body does hereby determine and declare that the Annexed 13 Area is now added to and becomes a part of the District. The City Council of the City, 14 acting as the legislative body of the District, is hereby empowered to levy the authorized 15 special tax within the Annexed Area. 16 NOTICE 17 SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as 18 follows: 19 A. A copy of the annexation map as approved shall be filed in the Office of 20 the County Recorder no later than fifteen (15) days after the date of adoption of this 21 Resolution. 22 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) 23 shall be recorded in the Office of the County Recorder no later than fifteen (15) days 24 after the date of adoption of this Resolution. 25 // 26 // 27 // 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. OJDE A. LEWIS, IVIayor ATTEST: OOD, City Cleric^ Exhibit 1 Exhibit A Certificate of Election Official and Statement of Votes Cast 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. 1 SPECIAL ELECTION ANNEXATION NO. 09/10-02 in such City, held April 27, 2010. 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 NO WITNESS my hand this ^ day of CLERK ] ELECTION ©FFICIAI CITY OF CARLSBAD STATE OF CALIFORNIA Exhibit B Annexation Map 10 COPY BOUNDARY MAP ANNEXATION NO. 09/10-02 COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA LEGEND: ANNEXED AREA SUBDIVISION BOUNDARY PROPERTY UNES EXISTING STREETS SHEET 1 OF ASSESSOR PARCEL NUMBERS: © 215-020-23 FILED IN THE OFFICE Of THE CITY CLERK OF THE CITY OF CARLSBAD THIS DAY OF 2010 CITY CLERK OF THE CITY OF CARLSBAD I HEREBY CERTIFY THAT THIS MAP SHOWING BOUNDARIES OF ANNEXATION NO. 09/10-02 COMMUNITY FACILIITES DISTRICT NO. I. CITY OF CARLSBAD. WAS APPROVED BY THE CITY COUNCIL Of THE CITY OF CARLSBAD, STATE OF CALIFORNIA AT A REGULAR MEETING HELD ON THE DAY OF 2010 BY THE ADOPTION OF RESOLUTION NO FILED THIS -PACE. CITY CLERK OF WE CITY OF CARLSBAD _OAY OF 2010 AT THE HOUR OF IN BOOK _. DOCUMENT NO OF COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. STATE OF CALIFORNIA. DAVID L BUTLER COUNTY RECORDER DEPUTY COUNTY RECORDER REFERENCE THE SAN DIEGO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS. e Exhibit 2 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. 09/10-02 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). 7 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 §53311 and following) (the "Act") to form a community facilities district known and designated as Community Facilities District No. 1 (the "District") to finance the following described public facilities (the "Public Facilities"): (J) 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.) Olivenhain/Rancho Santa Fe Road; and (e.) Leucadia Boulevard. (4) Major bridge and overpass facilities generally described as: fa.) 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 further 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 2/3'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. 13 F. The provisions of the Act require (ha! 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 Tuesday, April 27, 2010 at 10:00 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. Owner certifies that there have been no persons residing within the Property for each of the ninety (90) days preceding the date of this Consent and Waiver. 5. Owner desires that the special election be held on Tuesday, April 27, 2010 at 10:00 a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the official conducting the election ("City Clerk"), may mutually agree. 6. Owner expressly consents to the following: A. To the conduct of the special election on Tuesday, April 27, 2010 at 10:00 a.m. or such other date as the qualified electors and the City Clerk may mutually agree. B. 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. C. Owner waives any requirement for the mailing of the election ballot. D. 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. E. 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, 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 tor 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.] PROPFRTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES *-- . f\ The owner hereby appoints Qfifl '•'} __ J_&C_i MC _ or ___|_" ^'r^J^ _____ (;|'| 1'V-. A , 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) f Signature of Representative (Type or Print Name of Representative)COIL UIQ 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: A'/A/. 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. THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was executed this _2-_•-; day of ^Ll-LL . 10/L,. in (Signature) Type or Print Name of SisnorUO 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: . (Type or print name of the Owner) EXHIBIT A DESCRIPTION OF PROPERTY The Property is identified and described as: Ownership: Carlsbad Poinsettia Land Co.. LLC. Assessor Parcel Number(s): 215-020-23-00 Acreage: 18.97 Total:1 Parcel 18.97 A EXHIBIT "IV 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 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 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2,739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: B- 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 $3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 2,312.00 Residential High 2,810.00 2,312.00 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 (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: B-2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank - Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office-Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 B-3 COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS __AREAJ__ AREA II Resort Hotel $ 2,30 $ 1.98 University 2.26 1.91 Junior College 2.19 190 All other Commercial Properties not identified above 2.14 1.44 INDUSTRIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA I! Heliports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN 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 Engineering 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: B-4 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and 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 (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 property 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 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 Carlsbad Poinsettia Land Co, LLC a California Limited Liability Company Company Resolution LET IT BE RESOLVED that for the purposes of: Executing and voting on Community Facilities District if/ Annexation - the City of CctrlsbnJ, CA Only one signature of either of the Managing Members is required. Managing Members are only Paul G. Marx & David A. Jacinto. Executed this "^ Day of AflU L 2010. Paul G. Marx David A. Jacinto Managing Member Managing Member 50% Owner 50% Owner coo 219 Meaclou Vista Way Hncinitas. CA 92024 760-809-7473 Z./7CSOH COPY State of California Kevin Shelley Secretary of State LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION A $70.00 tiling to* must accompany this form. IMPORTANT - R*ad Instructions before completing thl* form. 200304 6 Jt 01 5 5File* ENDORSED - FILED In th9 offiefl of the Soorstary of Slate of tfia Sate of California FE8 1 4 2003 KEVIN SHELLEY Secretary of Stats This Space For Filing Use Only Name of the limited liability company (end the nsm* with tits words limited Liability Company."" Ltd. Liability Co ,* or the abbreviations 'LLC' or -L.L.C-) CARLSBAD POINSETTIA LAND CO., LLC The purpose of th« limited liability company ic to engage In any lawful act or activity for which a limited liability company may be organtred under the Beverly- Killaa limited liability company act. Nsma the agent for service of process and check th« appropriate provision below: PAUL T. JOHNSON [X] an individual realdlng in California. Proceed to Itsin 4 { ] a corporation which hackled a certificata pun uant Ic tection 1505. Pr*c»«Mo item 5. . which Is if an Individual, California address of the agent for service or proc«*«: Address: 2187 NEWCASTLE AVENUE, SUITE 101 City: CARDIFF Stats: CA Zip Code: 92007 5 The limited liability company will be managed by: (cheek one) [ ] one manager [ ] more than one manager [ ] tingle member limited liability company [x} all limited liability company members 3. Other matter* to be Included in thii certificate may bo set forth on separate attached pages and are made a part of this certificate.Otter matters may include th« latott data on which the limited liability company \s to dissolve. 7. Number of papas attached. If any: None 8. Type of buslnwi of the limited liability company. (For Informational purposes only) REAL ESTATE INVESTMENT AND DEVELOPMENT B. DECLARATION: It it hereby declared that I am th» parson who executed (his Instrument, which execution is iny act and deed. PAUL Q, MARX Signature of Organizer 2-5-03 Typa or Print N«ms of Organizer Date 10. RETURN TO: NAME FIRM ADDRESS CITY/STATE ZIP CODE fpAUL T. JOHNSON ATTORNEYAT LAW 2187 NEWCASTLE AVENUE, SUITE 101 CARDIFF, CA 92007 L "I _J SEC/STATE (REV. 01/03)FORM LLC-1 - FIUNG FEE $70,00 Approved by Secretary of State 30JJJO NIWM Exhibit 3 WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION NO. 09/10-02) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section 53339.8 of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf of Community Facilities District No. 1 (the "District"), State of California, HEREBY GIVES NOTICE that a lien is hereby imposed on certain real property annexed to the District to secure payment of a special tax which the City Council of the City of Carlsbad, County of San Diego, State of California, acting in its authority as the legislative body of the District, is authorized to annually levy for the following purpose: To pay for certain public capital facilities including the payment of principal and interest on bonds, said facilities generally described as follows: (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.) Olivenhain/Rancho Santa Fe Road; and (e.) Leucadia Boulevard. (4) Major bridge and overpass facilities generally described as: (a.) La Costa Interchange; (b.) Poinsettia Interchange; and (c.) Palomar Airport Road Interchange. The special tax is authorized to be levied on the property described in Exhibit "A" attached hereto (the "Annexed Property") which has been annexed to Community Facilities District No. 1, and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on the attached, referenced and incorporated Exhibit "B", and the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are as follows: Any special tax may be prepaid and satisfied by the payment of the maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance with Section 3115.5 of the Streets and Highways Code. The names of the owner(s) of the Annexed Property as they appear on the last secured assessment roll as of the date of recording of this Notice and the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the Annexed Property are as set forth on the attached, referenced and incorporated Exhibit "A". Reference is made to the following: 1. Notice of Special Tax Lien for the original Community Facilities District recorded May 20, 1991 as Document No. 91-236959, in the Office of the County Recorder for the County of San Diego, State of California, which Notice is amended by the recordation of this document.. 2. Boundary map of the original District recorded at Book 24, Page 56, Document No. 90- 674118, Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of San Diego, State of California. 3. Boundary map of Annexation Area No. 09/10-02 recorded at Book , Page , Document No. _, Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of San Diego, State of California. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person: Kevin Branca, Acting Finance Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2760 DATED: , 2010 Lorraine M. Wood, City Clerk City of Carlsbad State of California CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS "EXHIBIT A" Property Owner: Carlsbad Poinsettia Land Co., LLC Assessor's Parcel No.: 215-020-23-00 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 RATE AND METHOD OF APPORTIONMENT EXHIBIT "B" 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 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2,739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: 3 a 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 $ 3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 2,312.00 Residential High 2,810.00 2,312.00 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 (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: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank-Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S&L-Walkln 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise . 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties not identified above 2.14 1.44 INDUSTRIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Heliports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN 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 Engineering 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. 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 (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 property 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 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. Exhibit 4 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE-TIME IMPROVEMENT AREA I I VALID JULY 1, 2009 TO JUNE 30. 2010 RATE IF ANNEXED FY 2009-10 | FORMATION OR ANNEXATION DATE: | FY 2009-10 RESIDENTIAL DEVELOPED LAND USE: NET DENSITY (0-1.5 DU/AC) NET DENSITY (1.51 TO 4.0 DU/AC) NET DENSITY (4.1 TO 8.0 DU/AC) NET DENSITY (8.1 TO 15.0 DU/AC) NET DENSITY (15.1 TO 23.0 DU/AC) PER DU. $3,670.0280 $3,670.0280 $2,316.4372 $2,316.4372 $2,316.4372 NON-RESIDENTIAL LAND USE: AUTO - GASOLINE AUTO - REPAIR & SALES AUTO CAR WASH BANK - WALK IN BANK - WITH DRIVE THRU BOWLING ALLEY CAMPGROUND CHURCH COMMERCIAL SHOPS COMMUNITY SHOPPING CENTER CONVENIENCE MARKET DISCOUNT STORE GOLF COURSE GROCERY STORE HEALTH CLUB HELIPORTS HOSPITAL - CONVALESCENT HOSPITAL - GENERAL HOTEL - CONV. FAC/COMM. INDOOR SPORTS ARENA INDUSTRIAL - COMMERCIAL BUSINESS PARK (NOTE 1) JUNIOR COLLEGE LIBRARY LUMBER/HARDWARE STORE MARINA MOTEL NEIGHBORHOOD SHOPPING CENTER OFFICE - COMMERCIAL (< 100,000 SF) OFFICE - GOVERNMENT OFFICE - HIGH RISE OFFICE - MEDICAL OUTDOOR TENNIS COURT RACE TRACK REGIONAL SHOPPING CENTER RESORT HOTEL RESTAURANT - FAST FOOD RESTAURANT - QUALITY RESTAURANT - SIT DOWN S & L - WALK IN S & L - WITH DRIVE THRU UNIVERSITY ALL OTHER COMMERCIAL USES NOT IDENTIFIED ABOVE ALL OTHER INDUSTRIAL USES NOT IDENTIFIED ABOVE (NOTE 2) PER SQ.FT. $4.0113 $1.6866 $3.1210 $6.3459 $8.9327 $3.2793 $8.6607 $1.4789 $1.4344 $2.0972 $13.5079 $1.5927 $1.5135 $3.8481 $1.4294 $52577 $1.1524 $1.9191 $1.7163 $1.1524 $1.0585 $1.0832 $2.1071 $1.2217 $7.3450 $1.3305 $3.1952 $1.2662 $1.4492 $1.3206 $1.1970 $13.9184 $2.5225 $1.6570 $1.1376 $14.0767 $3.2496 $7.5033 $2.7253 $3.7541 $1.1178 $1.0585 $0.8606 NOTE 1: THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY. NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND PU ZONED PROPERTY. Actual Special Tax 2009/10 - Improvement Area 1