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HomeMy WebLinkAbout1991-01-29; City Council; Resolution 91-40m L . RESOLUTION NO. 91-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS AND SUBMITTING A COMMUNITY FACILITIES DISTRICT PROPOSITION TO THE QUALIFIED VOTERS OF A WHEREAS, the CITY COUNCIL of the CITY OF CARLS CALIFORNIA, (hereinafter referred to as the "legislative boc the local Agency"), has previously declared its intention held and conducted a public hearing relating to the issuanc bonds to be secured by special taxes to pay for certain PL capital facilities in a community facilities district, as at rized pursuant to the terms and provisions of the "Mello- Community Facilities Act of 1982", being Chapter 2.5, Par Division 2, Title 5 of the Government Code of the Stat California, said Community Facilities District shall herein? be referred to as COMMUNITY FACILITIES DISTRICT NO. 1 (her after referred to as the "District"); and, WHEREAS, at this time this legislative body is desirou proceed to make the necessary findings to incur the bo indebtedness, to declare the purpose for said debt, anc authorize the submittal of a combined proposition to the vo of said District, being the landowners of the proposed Distr all as authorized and required by law; and, WHEREAS, a special election is to be held in the Cit: Carlsbad, California, (hereinafter referred to as the "1 Agency"), at which time there will be submitted to the quali electors of said District certain propositions relating to authorization to levy a special tax and the incurring c W - bonded indebtedness in order to pay for certain capital fac ties to serve the District,' pursuant to the provisions of "Mello-Roos Community Facilities Act of 1982", as refere NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true NECESSITY FOR BOND ISSUE SECTION 2, That this legislative body hereby exprc s and states that it is necessary to incur a bc ness as authorized under the terms and provisions of 00s Community Facilities Act of 1982", in orde he below described public capital facilities. PURPOSE OF BOND ISSUE SECTION 3. That the purpose for the proposed bc ess and facilities proposed to be financed through of said bonds, is generally described as follows: I, Public facilities generally describe rary facility, a major addition to an existing lit a City Hall complex, and the addition of office facilities at the public safety center. 11. Park improvements generally designate 0 CANYON PARK. 111. Major street improvements in portion ing designated public streets: FARADAY AVENUE, C? OSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD LEUCADIA BOULEVARD. m * IV. ' Major bridge and overpass facili generally described as the LA COSTA INTERCHANGE, POINSETTIA INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE. BOUNDARIES OF DISTRICT SECTION 4. That the whole of the District will pay for above-referenced bonded indebtedness. A qeneral descriptio the District is as follows: All property within the boundaries of COMMI FACILITIES DISTRICT NO. 1, as shown on a map as previc approved by this legislative body, said map designated by name of this Community Facilities District, a copy of whic on file in the office of the City Clerk. BOND AMOUNT SECTION 5. That the amount of the proposed bc indebtedness , including the cost of the facilities, toga with all incidental expenses, contingencies and financing c is generally estimated to be: $130,000,000.00 Said costs are represented in current dol and are subject to escalation to provide for increases future phases of construction. BOND TERMS SECTION 6. That it is hereby further determined that b shall be issued and the maximum term of bonds and/or any se shall not exceed forty (40) years, and said bonds may be is in differing series, at differing times. The maximum rat interest to be paid on said bonds shall not exceed the gre II m -. of either twelve percent (12%) per annum or the maximum permitted by law at the time of sale of any of said bonds. interest on said bonds shall be payable semi-annually, and principal on said bonds shall be paid annually, with payments being made to the registered owner of said bonds authorized by law. The bonds, except where other funds are available, shall be paid exclusively from the annual levy of special tax, and are not secured by any other taxing powe funds of the Community Facilities District or the City. ELECTION SECTION 7. The proposition related to the incurring of bonded indebtedness shall be consolidated with the proposi relating to the levy of the special tax, shall be combined one ballot proposition, and shall be submitted to the quali voters at a special election to be held on the 7TH DAY OF 1991, and said election shall be a special mailed ba election to be conducted by the City Clerk (hereinafter refe to as "Election Official"). If the combined proposition for levy of the special tax and the incurring of the bonded indeb ness receive the approval of more than two-thirds (2/3) of votes cast on the proposition, bonds may be authorized, is and sold for the purposes set forth herein and the special may be levied as provided for in the Resolution of Formation. BALLOT SECTION 8. That the ballot proposal to be submitted to qualified voters at the election shall generally be as follow rn . * PROpOSITION A Shall the City of Carlsbad, Community Facilities District No. 1, County of San Diego, 1) incur a bonded indebtedness in an amount estimated to.be $130,000,000, subject to infbat;ion, f9 finance tho installation of public facilities generally described as a new library facility, a major City Hall complex, and the addition of office I YES I and warehouse facilities at the public safety I I Macario Canyon Park, major street improvements I NO I in portions of Faraday Avenue, Cannon Road, La I I Costa Avenue, Olivenhain Road/Rancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities described as the La Costa Interchange, Poinsettia Lane Interchange and Palomar Airport Road Interchange, 2) levy special taxes to pay for said facilities and/or to pay for any authorized and issued bond indebtedness, and 3) establish an Article XIIIB appropriations limit equal to the maximum autho- rized special taxes which may be levied in any fiscal year? addition to an existing library building, a I I center, and park improvements designated as the I I The rate and method of apportionment of the special tax s generally be as follows: PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Community F lities District shall be subject to ANNUAL SPECIAL TAXEE applicable, based upon the property categories, maximum rates, increases and status of the issuance of building perm all as hereinafter set forth. Improvement Area I refers to properties within the boundaries of the City of Carlsbad Br and Thoroughfare District. Improvement Area I1 is for remaining properties within the Community Facilities Distr 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 ta subject to increases as set forth herein: - m MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERT PER DEVELOPABLE ACRE FOR FISCAL YEAR iggo/iggi IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,2946100 1,217tOO 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 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835 .OO 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 issuance of a building permit shall be subject to the follo maximum annual special taxes, also subject to increases as forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPER 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 c building permit, shall have the option to (1) pay the SPE~ W DEVELOPMENT TAX - ONE TIME! or (2) assume the ANNUAL SPECIAL - 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 FIS YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMENT AREA I AREA I1 $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 27.31 6.74 Bank with Drive-thru 18.06 5.72 17.51 4.99 Restaurant - Sit Down 15.17 4.73 14.85 4.41 Bank - Walk In 12.83 4.60 8.11 2.89 Grocery store 7.78 2.56 7.59 3.48 Bowling Center 6.63 2.83 6.57 3.09 6.46 2.27 6.31 2.52 S & L - Walk In 5.51 3.03 5.10 2.33 4.26 2.86 4.24 1.80 Hospital - General 3.88 3.18 3.47 2.52 Auto - Repair & Sales 3.41 1.58 3.35 1.61 Discount Store 3.22 1.58 3.06 2.14 2.99 1.94 2.93 1.88 Commercial Shops 2.90 1.58 2.89 1.85 2.69 2.06 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 2.47 1.58 Office - Medical 2.42 2.07 2.33 2.23 2.33 2.23 2.30 1.98 2.19 1.90 2.14 1.44 University 2.26 1.91 not indentif ied above w IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 $ 10.63 $ 3.67 2.14 1.51 Industrial-Commercial Business not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX - Developed Property" for .81% of the authorized "Ma> Special Development Tax - One Time" for the various Commei ies as set forth above in amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE taxable properties are apy able for the fiscal year 1990/91, and are all subject to ar s in construction costs. Engineering News-Record, ti es" will be used. The I published for the month of April for the City of Los Any column heading of "Percentage Change from Last '1 will annually inflate each of the Maximum Annual Taxes for roperties as follows: T: Not to exceed 50% of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1OC of the above-referenced increase until annexed. TERM OF TAX until all bonds have been charged and facilities funded and/or guaranteed, and the SPE T TAX - ONE TIME-has been paid; however, the AN 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. * * Commercial & IndustrFal:, ' The Commercial and Industria.1 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 Ti 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 Commercial & Industrial property. The above costs exclude c of issuance as needed. Residential property shall be taxed in an amount sufficien of issuance, interest and other costs, including sinking payments for future construction as applicable. Commercial & 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, inclt sinking fund payments for future construction as applicable. meet the 65% share of facilities, which tax will include c COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt ser7 replenish reserve, call bonds, pay bonds and Community Fac ties District No. 1 administrative costs, and pay for pi capital facilities. FIRST: Reduce this amount by the 1 collected from Special Development Tax - One Time levied ag; residential properties. SECOND: The remaining funds needec to be collected by the levy of the annual Special T 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 ser7 replenish reserve, call bonds, pay bonds and Community Fa( lies District No. 1 administrative costs, and pay for currer future public capital facilities. FIRST: Reduce this amour the funds collected from Special Development Tax - One Time annual Special Tax - Developed Property levied against cor cial and industrial properties. SECOND: Levy the ai Special Tax - Undeveloped Property on undeveloped taxable cor cial and industrial acreage in the proportional amounts for property category as required, not to exceed the maximum tax *** 1 8 VOTE SECTION 9. That the appropriate mark placed in the vo square after the word "YES" shall be counted in favor of adoption of the proposition, and the appropriate mark place the voting square after the word "NO" in the manner as aL rized, shall be counted against the adoption of proposition. ARGUMENTS SECTION 10. Arguments may be filed €or and/or against ballot measure, and the Election Official shall select on the arguments in favor and one of the arguments against measure for printing and distribution. The Election Offj shall give preference and priority in the following sequence: A. The legislative body or any member thc as authorized; B. Individual property owners or bona association of property owners or combinations of pro1 owners and associations who are the bona fide sponsors or pi nents of the measure; C. Bona fide associations of property ownc D. Individual property owners who eligible to vote on the measure. DEADLINE FOR FILING ARGUMENTS SECTION 11. That notice is hereby given that wr: arguments, not to exceed three hundred (300) words in lei for or against the measure, shall be filed not later than P.M. on February 19, 1991, at the Office of the Elec Official. e a .* That a’ny argument submitted for or against measure shall be accompanied’ by a statement set forth in Sec 5350 of the Elections Code, signed and completed by the au of such argument. REBUTTAL ARGUMENTS SECTION 12. That if any person submits an argument aga the combined ballot proposition as set forth herein, an argument has been filed in favor of the combined proposit the Election Official shall then immediately send a copy of argument to the person filing the argument in favor of combined ballot proposition. The person filing the argumer favor of the combined ballot proposition may prepare and SI a rebuttal argument not to exceed two hundred fifty (250) wc The Election Official shall then send copies of the argumer favor of the ballot proposition, who then may prepare and s a rebuttal argument to the argument in favor of the corn ballot proposition, such rebuttal argument not exceed hundred fifty (250) words. The rebuttal argument shall be with the Election Official not more than ten (10) days afte. final date for filing the direct argument. Rebuttal argu shall be printed in the same manner as direct arguments and rebuttal argument shall immediately follow the direct arg which it seeks to rebut. This right of rebuttal, as provided by Resolution, is applicable only to the ballot proposition r ing to this Community Facilities District, and shall not to any future District elections. e a *. L IMPARTIAL ANALYSIS SECTION 14. That Ci'ty Attorney is hereby directec prepare an impartial analysis on the combined ballot proposi and file it with the Election Official. Such analysis c l show the effect of the proposition on the existing law and general operation of the proposed ballot proposition. ELECTION PROCEDURE SECTION 15. The Election Official is hereby authorize take any and all steps necessary €or the holding of said E Said Election Official shall perform and render ces and proceedings incidental to and connected with ct of said election, and said services shall include, e limited to the following activities as are appropriat ubject election: A. Prepare and furnish to the elec ers necessary election supplies for the conduct of B. Cause to be printed the requisite ni a1 ballots, talley sheets and other necessary forms C. Furnish and address to mail offi o the qualified electors of the Community Facil D. Cause the official ballots to be m, ivered, as required by law. E. Receive the returns of the election F. Sort and assemble the election matt and supplies in preparation €or the canvassing of the return! e W .. P G. Cahvass the returns of the election. H. Furnish a tabulation of the numbe votes given in the election. I. Make all arrangements and take necessary steps to pay all costs of the election incurre result of services performed by the District and pay cost: expenses of all election officials. J. Conduct and handle all other mat relating to the proceedings and conduct of the election ir manner and form as required by law. NOTICE SECTION 17. That the City Clerk is hereby ordere certify to the passage of this’ Resolution and shall cause Resolution to be published once a week for two successive in the CARLSBAD JOURNAL. This Resolution shall constituth notice of the special bond election and authorization to 1( special tax. PASSED, APPROVED AND ADOPTED by the City Council of Special City of Carlsbad at its/r*tt*w- meeting held on the 29th January , 1991, by the following vote, to wi AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nygaar NOES: None ABSENT: None ATTEST: li2LGL 2. g- ALETHA L. RAUTENKRANZ, Citb Clerk