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HomeMy WebLinkAbout1993-04-06; City Council; Resolution 93-68r. /I 0 0 1 2 3 4 5 RESOLUTION NO. 9 3 - 6 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT 6 WHEREAS, the City Council of the City of Carlsbad, California, 7 (hereinafter referred to as the "legislative body of the local Agency"), at this time is 8 desirous to provide the authorization to annex territory in the future to an existing 91 10 11 12 13 14 15 16 17 Community Facilities District pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 1 (hereinafter referred to as the "District"); and WHEREAS, it is determined to be within the best public interest and convenience to establish a procedure to allow and provide for future annexations to the existing District and further to speclfy the amount of special taxes that would l8 I be levied and set forth the terms and conditions for certification of any annexation 19 20 ~ in the future; and WHEREAS, the area proposed to be annexed in the future shall be 21 22 23 ' known and designated as Community Facilities District No. 1 (Future Annexation Area) (hereinafter referred to as the "Future Annexation Area"), and a map showing the territory of the proposed area to be annexed in the future has been submitted 24 25 26 27 28 which said map is hereby approved and a copy of said map shall be kept on file witl the transcript of these proceedings. /// /// I( 0 0 1 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Carlsbad, California, as follows: 3 /I RECITALS 4 5 SECTION 1. That the above recitals are all true and correct. AUTHORIZATIONS 6 SECTION 2. That these proceedings for future annexations are 7 Section 53339.2 of the Government Code of the State of California. 8 authorized and initiated by this legislative body pursuant to the authorization of PUBLIC CONVENIENCE AND NECESSITY 9 10 I SECTION 3. That this legislative body hereby determines that the public 11 12 convenience and necessity requires a procedure to allow and authorize territory to be annexed in the future to the existing Community Facilities District in order to pay 13 14 15 16 1 I the costs and expenses for the required and authorized public facilities. BOUNDARIES ~ SECTION 4. A general description of the territory included in the I I? ii existing District is hereinafter described as follows: I 18 1 1 within the original Community Facilities District, as said property was shown on a 19 All that property and territory as previously included I 1 20 ' map as approved by this legislative body designated by the name of the original 21 I existing Community Facilities District, a copy of which is on file in the Office of the 22 23 City Clerk, as well as a copy being on file in the Office of the County Recorder. A description of the boundaries and territory proposed to 24 25 be annexed in the future is as follows: AU that property and territory proposed to be annexed in 26 27 28 the future to the existing Community Facilities District, as said property is shown or /// ~ I! 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 ,i 20 21 22 23 24 25 I) 26 27 28 1 0 0 a map as previously approved by this legislative body, said map identified by the name of the existing Community Facilities District and further designated as Future Annexation Area, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Future annexation proceedings can only be completed with the unanimous approval of the owner or owners of any parcel proposed for final annexation. NAME OF DISTRICT SECTION 5. The name of the existing Community Facilities District is Community Facilities District No. 1, and the designation for the Future Annexation Area shall be Community Facilities District No. 1 (Future Annexation Area). FACILITIES SECTION 6. That the types of public facilities provided in the existing District are those described as follows: I. Public facilities generally described as a new library facility, a major addition to an existing library building, a City Hall complex, and the addition of ofice and warehouse facilities at the public safety center. 11. Park improvements generally designated as the Macario Canyon Park. 111. Major street improvements in portions of the following designated public streets: Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain Road/Rancho Santa Fe Road and Leucadia Boulevard. N. Major bridge and overpass facilities generallj described as the La Costa Interchange, Poinsettia Lane Interchange and Paloma Airport Road Interchange. /// /// 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 ~ 19 i I 20 , 21 22 23 24 25 26 27 I I1 28 I ~ , , ~ I I i e 0 No additional facilities will be necessary or provided in the Future Annexation Area and the facilities as descnied for the existing District will serve the properties within the Future Annexation Area. SPECIAL TAXES SECTION 7. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said facilities to be provided in the Future Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, will be levied annually within the boundaries of the Future Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Future Annexation Area to clearly estimate the maximum amount that said person will have to pay on said special tax. This legislative body further authorizes that special taxes to pay for capital facilities may be prepaid and satisfied by the payment of the maximum present value of the special tax and all details and particulars as applicable for the original District shall be applicable for the Future Annexation Area. The proposed special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ac valorem taxes; however, as applicable, this legislative body may establish and adopl an alternate or supplemental procedure as necessary. /// /// li e 0 1 2 3 4 EFFECTIVE DATE SECTION 8. Annexation of property in the future shall be effective upon the unanimous approval of the owner or owners of parcels at the time the parcel is annexed, and no further public hearings or additional proceedings will be 5 I1 required. 6 OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, A 9 1993, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE 8 SECTION 9. NOTICE IS GIVEN THAT ON THE 18TH DAY OF MAY, 7 PUBLIC HEARING 10 PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL 11 12 CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND I.3 11 APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED I-4 I/ FUTURE ANNEXATION AREA, AND ALL OTHER MATTERS AS SET FORTH IN THIS 15 16 17 RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME I 18 FIXED FOR THE PUBLIC HEARING. 19 1 NOTICE 20 /I ~ SECTION 10. That notice of the time and place of the public hearing 21 I shall be given by the City Clerk in the following manner: 22 I 23 I A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being The Carlsbad Sun, said ;: 1 publication pursuant to Section 6061 of the Government Code, with said publicatior to be completed at least seven (7) days prior to the date set for the public hearing /// /// 26 27 28 e. 1 2 3 4 e 0 SECTION 11. That the Special Counsel Agreement submitted herewith (Exhibit "B") by Brown, Diven and Hentschke, Attorneys at Law, to provide legal services in connection with the conduct of these proceedings is hereby accepted and approved for execution. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 6 Council on the 6th day of APRIL , 1993, by the following vote, to wit: 7 NOES: None a AYES: Council Members Stanton, Kulchin, Nygaard, Finnil 9 10 11 12 ABSENT: Council Member A?TEST: 13 11 14' bktk.6L dR" 15 ALETHA L. RAUTENKRANZ, City clerh (SEAL) 16 17 l8 I i 19 I I 20 21 i 22 I 23 24 25 I 26 i 27 i 28 0 e 1 2 3 EXHIBIT "A" CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 411 PROPERTY CATEGORIES AND MAXIMUM TAX 5 Community Facilities District, not within the Bridge & Tho Improvement Area I1 is for all remaining properties with 9 ries of the City of Carlsbad Bridge and Thoroughfare Dis Improvement Area I refers to all properties within the b 8 issuance of building permits, all as hereinafter set categories, maximum tax rates, increases and status ( 7 Facilities District No. 1 and further based upon the pr based upon the rates as established for the orignial Com~ 6 tion Area shall be subject to ANNUAL SPECIAL TAXES as appl. All taxable property within the boundaries of the Future A; 10 fare District. 11 RESIDENTIAL PROPERTY 12// ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY 13 All taxable property prior to the issuance of a building subject to increases as set forth herein: 14 shall be subject to the following maximum annual special 15 16 MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE PROPERTY CATEGORY AREA I AREA I1 17 PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1993 IMPROVEMENT IMPROVEMENl 1s 19 Residential Low to Medium 772.00 760.00 Residential Low $ 281.00 $ 277.00 Residential High 2 , 793.00 2 , 739.00 20 Residential Medium to High 1 , 984.00 1 , 868.00 Residential Medium 1 , 294.00 1,217.00 21 /I SPECIAL DEVELOPMENT TAX - ONE TIME 22 KENT TAX - ONE TIME, also subject to increases as set 23 ties shall be subject to the following described SPECIAL Dl Upon the issuance of a building permit, all Residential 1 herein, as follows: 24 25 26 27 28 . 1. 0 0 EXHIBIT "A" CO?JTINI L 1 2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990 IMPROVEMENT IMPROVEMENT 3 Residential High 2,810.00 2,312.00 6 Residential Medium to High 2,810.00 2,312.00 Residential Medium 2,810.00 2,312.00 5 Residential Low to Medium 4,452.00 3,835.00 Residential Low $ 4,452.00 $ 3,835.00 4 PROPERTY CATEGORY AREA I AREA I1 7 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY 81 I ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY 9 10 11 12 13 14 15 16 17 18 19 20 , I ~ll taxable Commercial and Industrial Property prior 1 issuance of a building permit shall be subject to the fol maximum annual special taxes, also subject to increases forth herein: MAXIMUX ANNUAL SPECIAL TAX - UNDEVELOPED PROP PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199 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 issuancc building permit, shall have the option to (1) pay the 5 DEVELOPMENT TAX - ONE TIRE or (2) assume the ANNUAL SPEC1 - DEVELOPED PROPERTY for a period of not to exceed twent (25) years, generally in the amounts per property categ follows: 21 22 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR E 23 COMMERCIAL USE DESIGNATIONS AREA I AREA I1 24 YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMEE 25 26 27 28 1 Restaurant - Fast Food Outdoor Tennis Courts Convenience Market Bank with Drive-thru campground Restaurant - Sit Gown $ 28.46 $ 7.58 28.14 7.26 27.31 6.74 18.06 5.72 17.51 4.99 15.17 4.73 1. a 0 EXHIBIT "A" CONTIN 1 1 2 3 4 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" fc Fiscal Year shall not exceed 13.81% of the authorized "M Special Development Tax - One Time" €or the various Comm 511 and Industrial Property categories as set forth above J amount applicable and annually adjusted for each Fiscal Yea 6 7 ANNUAL TAX INCREASE 8 The above SPECIAL TAXES for the taxable properties are a increases to reflect increases in construction costs. 9 able for the fiscal year 1990/91, and are all subject to published for the month of April €or the City of Los P "ENR Cost Indexes in 22 Cities" will be used. The 10 Construction Cost Index of the Engineering News-Record, A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of t 13 year for properties as follows: 12 will annually inflate each of the Maximum Annual Taxes €0 under the column heading of "Percentage Change from Last 11 above-referenced increase. 14/1B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1 15 TERM OF TAX 16 of the above-referenced increase until annexed. 17 SPECIAL TAX - DEVELOPED PROPERTY shall not be levied DEVELOPMENT TAX - ONE TIME has been paid; however, the 1s charged and facilities funded and/or guaranteed, and the 5 The above taxes shall be levied until all bonds have bee 19 period in excess of twenty-five (25) years per parcel. 20 Residential: 21 Once a building permit has been issued €or Residential p: and the SPECIAL DEVELOPMENT TAX - ONE TIME has been pai 22 property no longer will be subject to any annual special tq 23 24 25 26 27 Commercial & Industrial: The Commercial and Industrial properties, upon the issuanc building permit, have the option to (1) pay the SPECIAL D: MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL DEVELOPED PROPERTY, as set forth above. Upon the issuz any building permit, no further increase or escalat authorized. 28 ..- , ' 0 EXHIBIT "A" CONTIN i ll IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I 2 Marina 3 Bowling Center 5 Grocery Store 4 Bank - Walk In Restaurant - Quality 6 Neighborhood Shopping Center Auto Car Wash 7 S & L - Walk In Race Track 8 Library 9 Hospital - General Auto - Gasoline S & L with Drive-thru Community Shopping Center Hotel - Conv. Fac/Comm. 10 Auto - Repair & Sales Golf Course Discount Store 11 Regional Shopping Center 12 Church 13 Commercial Shops 14 Motel 15 Office - Commercial, 100,000 SF 36 Office - Medical 17 Indoor Sports Arena 1s University Office - Government Health Club Office - High Rise Lumber/Hardware Store Hospital - Convalescent Resort Hotel Junior College 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 19 All other Commercial Properties 2.14 20 not indentified above 21 I 22 23 24 25 26 27 IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I Heliports $ 10.63 Industrial-Commsrcial Business Park 2.14 All other Industriai Properties not identified above 1.74 28 IMPROVEMEB AREA I1 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 IMPROVEME1 AREA I1 $ 3.67 1.51 1.42 -. 0 e EXHIBIT "A" CONTIN 1 A.LI;OCATION OF COST AND TAX 2 Total capital costs for all authorized facilities shi 3 of issuance as needed. 4 Commercial & Industrial property. The above costs exclude allocated as follows: 65% to Residential property, : meet the 65% share of facilities, which tax will include Residential property shall be taxed in an amount suffici 5 sinking fund payments for future construction as applicablE 9 include costs of issuance, interest and other costs, inc sufficient to meet the 35% share of facilities, which ta 8 Commercial & Industrial property shall be taxed in an payments for future construction as applicable. of issuance, interest and other costs, including sinkinl 6 7 10 COLLECTION OF ANNUAL TAX 11 Residential: 12 13 14 15 16 17 I Determine monies necessary to make payment an bond debt SE replenish reserve, call bonds, pay bonds and Community E ties District No. 1 administrative costs, and pay €or capital facilities. FIRST: Reduce this amount by the collected from Special Development Tax - One Time levied z residential properties. SECOND: The remaining funds need to be collected by the levy of the annual Special Undeveloped Property on undeveloped taxable residential ac in the proportional amounts for each property categ required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt SE 18 19 20 21 22 23 replenish reserve, call bonds, pay bonds and Community I lies District No. 1 administrative costs, and pay for curr future public capital facilities. FIRST: Reduce this amc the funds collected from Special Development Tax - One Ti annual Special Tax - Developed Property levied against c cial and industrial properties. SECOND: Levy the Special Tax - Undeveloped Property on undeveloped taxable ( cial and industrial acreage in the proportional amounts fc property category as required, not to exceed the maximum ti 2411 *x* 25 26 27 28