HomeMy WebLinkAbout1991-01-29; City Council; Resolution 91-390 a -r
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RESOLUTION NO.
RESOLUTION OF THE C.ITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING AND ESTABLISH-
ING THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS 4
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WHEREAS, a public hearing has been held and concluded,
the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (he
after referred to as the "legislative body of the local Age1
is desirous at this time to proceed with the establishment
community facilities district, pursuant to the terms and pi
sions of the "Mello-Roos C'ommunity Facilities Act of 15
being Chapter 2.5, Part 1, Division 2, Title 5 of the Goverr
Code of the State of California, said Community Facili
District shall hereinafter be seferred to as COMMUNITY FAC
TIES DISTRICT NO. 1 (hereinafter referred to as the "Distric
and,
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WHEREAS, this legislative body has further declared
intent that the authorized public facilities be financed thr
the issuance of bonds, said bonds secured by the levy (
special tax; and,
WHEREAS, at any time before or after the formation of
District, this legislative body may accept advances of f
and/or work in kind from any source; however, no reimburse]
and/or repayment shall be made for said advances until expres
set forth by agreement and/or Resolution of this legislat
body setting forth the amount, terms and conditions €or
reimbursement and/or repayment; and,
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WHEREAS, all communications relating to the establishn
of the District, the facilities and the tax rate have t
presented, and it has further been determined that a majov
protest as defined by law has not been received against tf
proceedings; and,
WHEREAS, the "Report" as now submitted further contair
changes and modifications to the proceedings, as applicable,
hereby approved; and,
WHEREAS, inasmuch as there are less than twelve
registered voters residing within the territory of the Distr
and have been been for at least the preceding ninety (90) d
this legislative body is desirous to submit the levy of
required special tax to the landowners of the District,
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true
PROTESTS
SECTION 2. That the written protests received, if any
resent a majority protest as defined by the applic
ns of the "Community Facilities Act of 1982".
FINAL REPORT
SECTION 3. The "Report", as now submitted, inclu
and modifications, if any and as applicable, shall E
"Report" for all future proceedings and all terms
are approved as set forth therein.
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NAME OF DISTRICT
SECTION 4. That this 'legislative body does hereby e!
lish and declare the €ormation of the Community Facil
District known and designated as "COMMUNITY FACILITIES DIS'
BOUNDARIES OF DISTRICT
SECTION 5. That the boundaries and parcels of lan
the public facilities are to be provided and on b
1 taxes will be levied in order to pay the costs
s for said public facilities are generally describe
All property within the boundaries of COMMU
ES DISTRICT NO. 1, as shown on a boundary map as
approved by this legislative body, said map design
name of this Community Facilities District, a cop;
on file in the Office of the City Clerk. The boun
he proposed District has been filed pursuant to Sect
3113 of the Streets and Highways Code of the Statt
ia in the Office of the County Recorder of the Count
24 of the Boo1 0, at Page 56 of Book
Assessment and Community Facilities Districts for :
DESCRIPTION OF FACILITIES
SECTION 6. A general description of the public capj
s which this legislative body is authorized by lal~
, own or operate, which are the facilities to
under these proceedings, are generally described
follows:
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I. Public facilities generally describt
a new library facility, a major addition to an existing li
building, a Cit:? Hall complex, and the addition of office
warehouse facilities at the public safety center.
11. Park improvements generally designate
the MACARIO CANYON PARK.
111. Major street improvements in portion
the following designated public streets: FARADAY AVENUE, CI:
ROAD, LA COSTA P.VENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD
LEUCADIA BOULEVARD,
IV. Major bridge and overpass facili
generally described as the LA COSTA INTERCHANGE, POINSETTIA
INTERCHANGE and PALOMAR AIRPORT 'ROAD INTERCHANGE.
For a full and complete description of
facilities, reference is made to the file entitled "DESCRIP
OF FACILITIES", a copy of which is on file in the Office of
City Clerk and o~en for public inspection.
In addition to financing the above descr
facilities, those incidental expenses described in said f
"Report" are also approved and authorized.
SPECIAL TAX
SECTION 7. That it is hereby further determined thal
modification should be made to the Resolution of Intention
special tax formula, and said modification is reflected in
special tax formula referenced and attached hereto as Exhi
"A", and said modification will not cause any increase in
maximum special tax.
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Except where funds are otherwise availabl
special tax, secured by recordation of a continuing lien ag
all non-exempt real property in the proposed District, is hc
authorized, subject to voter approval, to be levied ann1
within the boundaries of said District. The proposed spc
tax to be levied within said District has not been preclude
majority protest pursuant to Section 53324 of the Goverr
Code Of the State of California. For particulars as to the
and method of apportionment of the proposed special tax, I
rence is made to the attached and incorporated Exhibit
which sets forth in sufficient detail the method of apport
ment to allow each landowner or resident within the prop
District to estimate the probable annual amount and the max
amount that said person will have to pay for said facilit
Said special tax shall be utilized to pay for the construct
expansion, rehabilitation or purchase of the public capital f
lities identified in SECTION 4, hereinabove, and/or to gecu
bonded indebtedness which shall be utilized to finance
public capital facilities.
The special taxes herein authorized shall
collected in the same manner as ad valorem property taxes
shall be subject to the same penalties, procedure, sale and
priority in any case of delinquency, as applicable for
valorem taxes; hclwevdr, as applicable, this legislative body
establish and adopt an alternate or supplemental procedure
necessary.
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This legislative body further authorizes
special taxes may be prepaid' and satisfied by the payment o
maximum present value of the special tax and all detail$
particulars shall be set forth and adopted by Resolution of
legislative body.
Upon recordation of a Notice of Special
~ien pursuant to Section 3114.5 of the Streets and Highways
of the State of California, a continuing lien to secure
levy of the special tax shall attach to all non-exempt
property in the District and this lien shall continue in f
and effect until the special tax obligation is prepaid
premanently satisfied and the lien cancelled in accordance
law or until collection of the tax by the legislative
PREPARATION OF ANNUAL TAX ROLL
SECTION 8. The name, address and telephone number of
department or bureau which will be responsible for
annually a current roll of special tax levy obligat
ssor's parcel number and which shall be responsible
ing future special tax levies pursuant to Section 533,
Government Code of the State of California, are
OFFICE OF FINANCE DIRECTOR
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
TELEPHONE: (619) 434-2867
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F'INDING OF VALIDITY
SECTION 9. It is hereby further determined by this legj
Live body that all proceedings prior hereto were valid and I
in conformity with the requirements of the law, and specific
the provisions of the "Mello-Roos Community Facilities Ac
1982", and that this finding and determination is made purs
to the provisions and authorization of Section 53325.1 of
Government Code of the State of California.
SUBSTITUTION FACILITIES
SECTION 10. The description of the public capital fac
ties, as set forth herein, is general in its nature. The f
nature and location of improvements and facilities will be de
mined upon the preparation of final plans and specificati
The final plans may show substitutes in lieu of, or modifica
to, the proposed work in order to accomplish the works
improvement, and any such substitution shall not be a chang
modification in the proceedings as long as the facili
provide a service substantially similar to that a5 set forti
this Resolution.
APPEALS AND INTERPRETATION PROCEDURE
SECTION 11. Any landowner or resident who feels that
amount or formula of the special tax is in error may fil
notice with the Agency appealing the levy of the special
An appeals panel of 3 members, as appointed by the Agency, t
then meet and promptly review the appeal, and if necessary, n
with the applicant. If the findings of the Appeals Board vex
that the tax should be modified or changed, a recommendation
that time will be made to the Agency and, as appropriate,
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special tax levy shall’be corrected, and if applicable ir
case, a refund shall be granted.
Interpretations may be made by the Agenc
Resolution for purposes of clarifying any vagueness or ambi
as it relates to any category, zone, rate or definition apl
able to these proceedings.
ELECTION
SECTION 12. This legislative body herewith submits
levy of the special tax to the qualified electors of
District, said electors being the landowners of the pro]
District, with each landowner having one (1) vote for each
or portion thereof of land which he or she owns within the Cc
nity Facilities District.
This legislative body hereby further dir
that the ballot proposition relating to the levy of the z
referenced special tax be combined and consolidated with
proposition relating to the incurring of a bonded indebtedr
This Resolution shall not constitute the notice of the elec
and the Resolution declaring the necessity to incur the bo
indebtedness shall constitute the notice of the comb
election relating to the bonded indebtedness and authoriza
for the special tax levy,
PASSED, APPROVED AND ADOPTED by the City Council of
S eci 1 City of CarLsbad at its/d&-&a+.?- meeting held on the 29th
January , 1991, by the following vote, to wit
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AYES: Council Members' Lewi$, Kulchin, Larson, Stanton and Nygaarc
NOES: None
ABSENT: None
lL+@LzL k @A 3
?.LETHA L. RAUTENKRANZ, City Clerk
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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 1
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 perr
all as hereinafter set forth. Improvement Area I refers tc
properties within the boundaries of the City of Carlsbad BI
and Thoroughfare District. Improvement Area I1 is for
remaining properties within the Community Facilities Disti
not within the Bridge & Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building PE
shall be subject to the following maximum annual special ti
subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPER?
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
Residential Medium to High 1,984.00 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 pro
ties shall be subject to the following described SPECIAL DEVE
MENT TAX - ONE TIME, also subject to increases as set f
herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA I1
$ 4,452.00 $ 3,835.00 Residential Low
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 r 810.00 2 I 312.00
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COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
able Commercial and Industrial Property prior to
of a building permit shall be subject to the follc
annual special taxes, also subject to increases as
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPEI
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
- MAXIMUM SPECIAL'DEVELOPMENT TAX - ONE TIME FOR FI:
YEAR :990/9i PER SQUARE FOOT OF BUILDING AREA
IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA I1
Restaurant - Fast Food $ 28.46 $ 7.58
28.14 7.26
Convenience Market 27.31 6.74
18.06 5.72
Campground 17.51 4.99
Restaurant - Sit Down 15 I 17 4.73
14.85 4.41
Bank - Walk In 12.83 4,60
Auto - Gasoline 8.11 2.89
Grocery Store 7.78 2.56
S & L with Drive-thru 7.59 3.48
Bowling Center 6.63 2.83
Neighborhood shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52
5.51 3.03
Race Track 5.10 2.33
4.26 2.86
Community Shopping Center 4.24 1.80
1 - General 3.88 3.18
Hotel - Conv. Fac/Comm. 3.47 2.52
Repair 6( Sales 3.41 1.58
Regional Shopping Center 3.35 1.61
3.22 1.58
Golf Course 3.06 2.14
Restaurant - Quality 6.57 3.09
2.99 1.94
Office - Government 2.93 1.88
2.90 1.58
Health Club 2.89 1.85
2.69 2.06
Office - High Rise 2.67 1.84
ial, 100,000 SF 2.56 1.75
Lumber/Hardware Store 2.47 1.58
2.42 2.07
Hospital - Convalescent 2.33 2.23
2.33 2.23
Resort Hotel 2.30 1.98
2.26 1.91
Junior College 2.19 1-90
All other Commercial Properties 2.14 1.44
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IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
$ 10.63 $ 3.67
2.14 1.51
Industrial-Commercia1 Business
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" for
Special Development Tax - One Time" for the various Commer
amount applicable and annually' adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
Construction Cost Index of the Engineering News-Record, ti
published for the month of April for the City of Los Ang
roperties as follows:
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100
of the above-referenced increase until annexed.
TERM OF TAX
charged and facilities funded and/or guaranteed, and the SPE
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied fc
excess of twenty-five (25) years per parcel.
ding permit has been issued for Residential prop and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid,
longer will be subject to any annual special tax.
m - Commercial & Indcstrial:
The Commercial and Industrial properties, upon the issuance
building permit, have the option to (1) pay the SPECIAL DEVE
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL T
DEVELOPED PROPERTY, as set forth above. Upon the issuanc
any building permit, no further increase or escalatio
authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shal
allocated as follows: 65% to Residential property, 35'
of issuance as needed.
Residential property shall be taxed in an amount sufficien
meet the 65% share of facilities, which tax will include c
of issuance, interest and ot'her costs, including sinking
payments for future construction as applicable.
Commercial 6( Industrial property shall be taxed in an an
sufficient to meet the 35% share of facilities, which tax
include costs of issuance, interest and other costs, inclL
sinking fund payments for future construction as applicable.
GommerFial 5 Indurjtrial propertyl The above costs exclude c
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt serv
replenish reserve, call bonds, pay bonds and Community Fac
ties District No. 1 administrative costs, and pay for pu
capital facilities. FIRST: Reduce this amount by the f
collected from Special Development Tax - One Time levied aga
residential properties. SECOND: The remaining funds needed
to be collected by the levy of the annual Special Tz
Undeveloped Property on undeveloped taxable residential acre
in the proportional amounts for each property categor-
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary $0 make payment on bond debt serv
lies District No. 1 administrative costs, and pay for curren
future public capital facilities. FIRST: Reduce this amoun
the funds collected from Special Development Tax - One Time
annual Special Tax - Developed Property levied against com
cial and industrial properties. SECOND: Levy the an
Special Tax - Undeveloped Property on undeveloped taxable com
cial and industrial acreage in the proportional amounts for
property category as required, not to exceed the maximum tax.
replenish reserve, call bonds, pay bonds and Community Fac
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