HomeMy WebLinkAbout1990-12-11; City Council; Resolution 90-4320 0
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RESOLUTION NO. 90-432
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAB, CALIFORNIA, DECLARING ITS INTENTION
TO ESTABLISH A COMMUNITY FACILITIES DISTRICT
AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN
PUBLIC FACILITIES WITHIN SAID COMMUNITY FACI-
LITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARL5
CALIFORNIA, (hereinafter referred to as the “legislative bo(
the local Agency”), at this time is desirous to initiate pro1
ings to create a Community Facilities District pursuant tc
terms and provisions of the “Mello-Roos Community Facilities
of 1982“, being Chapter 2.5, Part 1, Division 2, Title 5 of
Government Code of the State of California (the “Act”).
Community Facilities District shall hereinafter be referre
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referrf
as the “District”); and,
WHEREAS, this legislative body is now required to prc
to adopt its Resolution of Intention to initiate proceedings
the establishment of said District, to set forth the bounda
for said District, indicate the type of public facilities t
provided, indicate the rate and apportionment of a special
sufficient to pay for all such facilities, set a time and p
for a public hearing relating to the establishment of
District, and describe the proposed. voting procedure for
election pertaining to the levy of a special tax or issu
bonds within the District; and,
,
WHEREAS, at any time before or after the formation of
District, this legislative body may accept advances of fl
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and/or wwk in kind from any source; hQweveL, no reimburs
and/or repayment shall be made for said advances until expr
set forth by agreement and/or Resolution of this legis1
body setting forth the amount, terms and conditions for
reimbursement and/or repayment; and,
WHEREAS, a map of said District has been submitted, 1
said map is hereby approved and a copy of said map shall be
on file with the transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true
correct.
INITIATION OF PROCEEDINGS
SECTION 2. That these proceedings are initiated by
legislative body pursuant to the authorization of Section 5
of the Government Code of the State of California.
BOUNDARIES OF DISTRICT
SECTION 3. It is the intention of this legislative bod
establish a Community Facilities District pursuant to the pr
sions of the Act, the boundaries and parcels being that are
land in which public facilities are to be provided and on w
special taxes may be levied in order to pay the cost
expenses for said public facilities- A description of the b
daries of territory proposed to be included in the Distric.
as follows:
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All that property to be served by the insta
tion of the capital facilities, as said property is shown c
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map as previously approved by this legislative body, saic
designated by the name of this Community Facilities Distri
copy of which is on file in the Office of the City Cler
shall remain open for public inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed Community Facil.
District to be established shall be known and designate
COMMUNITY FACILITIES DISTRICT NO. 1.
DESCRIPTION OF FACILITIES
SECTION 5. That it is the intention of this legisl,
body to finance the fair share portion of certain autho
public capital facilities:
I. Public facilities generally describc
a new library facility, a major addition to an existing li
building, a City Hall complex, and the addition of officc
warehouse facilities at the public safety center.
11. Park improvements generally designatc
the MACARIO CANYON PARK.
111. Major street improvements in portior:
the following designated public streets: FARADAY AVENUE, C]
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAL
LEUCADIA BOULEVARD.
IV. Major bridge and overpass facil:
generally described as the LA COSTA INTERCHANGE, POINSETTIA
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
For a full and more complete descriptio
said facilities, reference is made to the file enti
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"DESCRIPTION OF FACILITIES", which is hereby referenced
incorporated herein, a copy of which is on file in the Offic
the City Clerk and open for public inspection.
The above facilities all have an estil
useful life of 5 years or longer, and are specifically at
rized to be financed under these proceedings.
It is hereby further determined that
proposed facilities are necessary to meet increased der;
placed upon this Agency as a result of development occul
within the District.
The cost of acquiring, constructing
installing the facilities includes incidental expenses cons
ing of the costs of planning and designing the facilit
including the costs of environmental evaluations thereof,
costs associated with the establishment of the District,
issuance of bonds, the determination of the amount of
special taxes to be levied, the costs of collecting any spa
taxes, and costs otherwise incurred in order to carry out
authorized purposes of the District, together with any o
expenses incidental to the acquisition, construction, comple
and inspection of the facilities.
SPECIAL TAX
SECTION 6. That is is hereby further proposed that, ex
where funds are otherwise available, a special tax sufficient
pay for said facilities and related incidental expenses aui
rized by the Act will be levied annually within the bounda~
of said District. For particulars as to the rate and methoe
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apportionment of the proposed special tax, reference is mac
the attached and incorporated Exhibit "A", which sets fori
sufficient detail the method of apportionment to allow each
owner or resident within the proposed District to clearly
mate the probable annual amount and the maximum annual a
that said person will have to pay for said facilities.
The special taxes herein authorized shal
collected in the same manner as ad valorem property taxe!
shall be subject to the same penalties, procedure, sale and
priority in any case of delinquency as applicable for ad va
taxes.
This legislative body hereby further autho
and allows the early discharge and prepayment of any sp
tax, and specific terms and conditions relating to any
payment shall be set forth by Resolution prior to the iss
and delivery of any bonds.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON TUESDAY, THE 29T€
OF JANUARY, 1991, THE HOUR OF 6:OO O'CLOCK P.M., IN THE RE
MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE CO1
CHAMBERS, CITY HALL, A PUBLIC HEARING WILL BE HELD WHERE
LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PRO
COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPOR
MENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FOR'
THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED
AND PLACE FOR PUBLIC HEARING, ANY PERSONS INTERESTED, INCL
TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEA:
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BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSON
OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT 0
DISTRICT, OR THE FURNISHING OF THE FACILITIES, WILL BE HEAR
CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRI
HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR S
CIENCy 8p TRE PROCEEDINGS SMALL BE IN WRITING AND CLEARL'
FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECT11
MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY
OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME FIXED FOF
PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WR
AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF A WRITTEN MAJORITY PROTEST AGAINS'I
ESTABLISHMENT OF THE DISTRICT IS FILED THE PROCEEDINGS SHA:
ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO CE,
FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIE
THAT TAX SHALL BE ELIMINATED BY THE! LEGISLATIVE BODY.
ELECTION
SECTION 8. I€, following the public hearing describe
the Section immediately below, the legislative body detern
to establish the District and proposes to levy a special
within the District, the legislative body shall then submit
levy of the special taxes to the qua.lified. electors of
District. If at least twelve (12) persons, who need not ne
sarily be the same twelve (12) persons, have been registere
vote within the District €or each of the ninety (90) days pre
ing the close of the subject hearing, the vote shall be by re
tered voters of the District, with each voter having one
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vote - Otherwise, the vote shall be by the landowners of
District who were the owners of record at the close of
subject hearing, with each landowner having one (1) vote
5 each acze or portion of an acre of land owned within
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District.
A successful election relating to the spl
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tax authorization shall, as applicable, establish and/or cf
the appropriations limit as authorized by Article XIIIB of
California Constitution as it is applicable to this District.
NO PRIVATE CONTRACT
SECTION 9, This legislative body hereby finds and dc
13 11 mines that the public interest will not be served by allc
14 II the property owners of 314's of the area to make an electic
15 ll take over and perform any works of improvement pursuant
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contract awarded by this legislative body. This finding
not prohibit the property owners from directly entering in
I-8 II contract to perform and construct certain of the work
19 11 improvement to then be acquired by the City.
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21 SECTION 10.
NOTICE
That notice of the time and place of
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25 published in the legally designated newspaper of general circ
26 tion, being the CARLSBAD JOURNAL, said publication pursuanl
27 Section 6061 of the Government Code, with said publication t
public hearing shall be given by the City Clerk in the follo
manner:
A. A Notice of Public Hearing shall
28 completed at least seven (7) days prior to the date set for
public hearing.
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B. A Notice of Public Hearing shal.
mailed, postage prepaid, to each property owner within
boundaries of the proposed District, to the address as shoh
the last equalized assessment rv11, $aid mailing shal
completed at least fifteen (15) days prior to the date set
the public hearing.
ENVIRONMENTAL REVIEW
SECTION 11. All environmental evaluation proceedings r6
ing to the establishment of this District shall be compl
prior to the date and time set for the public hearing.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 11th
of December , 1990, by the following vote, to wit
AYES: Council Members Lewis, Kulchin, Larson, Stanton, and Nygaa
NOES : None
ABSENT: None
CYAUDE A. LEWIS, Mayor - I.
ATTEST:
(SEAL)
e
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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 Community I
lities District shall be subject to ANNUAL SPECIAL TAXE
applicable, based upon the property categories, maximum
rates, increases and status of the issuance of building pern
all as hereinafter set forth. Improvement Area I refers tc
properties within the boundaries of the City of Carlsbad B1
and Thoroughfare District. Improvement Area I1 is for
remaining properties within the Community Facilities Distl
not within the Bridge &r Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building pc
shall be subject to the following maximum annual special t;
subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPER'.
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772 -00 760.00
Residential Medium 1 , 294.00 1,217.00
Residential Medium to High 1,984.00 1,868.00
Residential High 2,793.00 2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential prc
ties shall be subject to the following described SPECIAL DEVI
MENT TAX - ONE TIME, also subject to increases as set :
~ herein, as follows:
I MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/:
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Residential Low $ 4,452.00 $ 3,835-00
Residential Low to Medium 4,452.00 3,835.00
Residential Medium 2,810.00 2,312.00
Residential Medium to High 2,810.00 2,312.00
Residential High 2,810-00 2,312.00
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COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to
issuance of a building permit shall be subject to the follc
maximum annual special taxes, also subject to increases as
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPEF
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1 , 600 - 00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance
building permit, shall have the option to (1) pay the SPI
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAI
- DEVELOPED PROPERTY for a period of not to exceed twenty.
(25) years, generally in the amounts per property categor
follows:
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I1 e a
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FI
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Fast Food $ 28.46 $ 7.58
Outdoor Tennis Courts; 28.14 7.26
Convenience Market
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
Lumber/Hardware Store
Office - Medical
Hospital - Convalescent
Indoor Sports Arena
Resort Hotel
University
Junior College
27.31
18.06
17.51
15.17
14.85
12.83
8.11
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
2.30
2.26
2.19
All other Commercial Properties 2.14
not indentif ied above
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
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
1.98
1.91
1.90
1.44
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IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 $ 3.67
Industrial-Commercial Business
Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" fo:
Fiscal Year shall not exceed 13.81% of the authorized "Ma
Special Development Tax - One Time" for the various Comme
and Industrial Property categories as set forth above ir
amount applicable and annually adjusted €or each Fiscal Year
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are ap
able €or the fiscal year 1990/91, and are all subject to a
increases to reflect increases in construction costs.
Construction Cost Index of the Engineering News-Record, t
"ENR Cost Indexes in 22 Cities" will be used. The .
published for the month of April for the City of Los An!
under the column heading of "Percentage Change from Last !
will annually inflate each of the Maximum Annual Taxes for
year €or properties as follows:
A. PROTERTIES WITHIN THE DISTRICT: Not to exceed 50% of thc
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed lo(
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been
charged and facilities funded and/or guaranteed, and the SPE
DEVELOPMENT TAX - ONE TIME has been paid; however, the AP
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied f
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential prop
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid,
property no longer will be subject to any annual special tax.
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Commercial & Industrial:
The Commercial and Industrial properties, upon the issuance
building permit, have the option to (1) pay the SPECIAL DEV
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL 1
DEVELOPED PROPERTY, as set forth above. Upon the issuanc
any building permit, no further increase or escalatic
authorized.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt ser
replenish reserve, call bonds, pay bonds and Community Fa
ties District No. 1 administrative costs, and pay for p
capital facilities. FIRST: Reduce this amount by the
collected from Special Development Tax - One Time levied ag
residential properties. SECOND: The remaining funds neede
to be collected by the levy of the annual Special T
Undeveloped Property on undeveloped taxable residential acr
in the proportional amounts for each property catego1
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt ser
replenish reserve, call bonds, pay bonds and Community Fa
lies District No. 1 administrative costs, and pay for curre
future public capital facilities. FIRST: Reduce this amou
the funds collected from Special Development Tax - One Tim
annual Special Tax - Developed Property levied against co
cial and industrial properties. SECOND: Levy the a
Special Tax - Undeveloped Property on undeveloped taxable co
cial and industrial acreage in the proportional amounts for
property category as required, not to exceed the maximum tax
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