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HomeMy WebLinkAbout2004-04-20; City Council; Resolution 2004-1271 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 RESOLUTION NO. 2004-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUSTAINING THE INTERPRETATIONS MADE BY THE APPEALS PANEL FOR COMMUNITY FACILITIES DISTRICT NO. 1 WHEREAS, in 1982, the State Legislature approved the Mello-Roos Community Facilities Act of 1982 which allows voters to approve a special tax to be levied upon their property to fund the construction or acquisition of facilities or services, and; WHEREAS, the City Council of the City of Carlsbad approved the formation of Community Facilities District No. 1 (CFD No. 1) in June 1991 to provide funding for a variety of infra-structure projects needed to meet growth management requirements; and WHEREAS, CFD No. I generally provides for the establishment of two types of special taxes: an annual tax on undeveloped property and a one-time tax on developed property, and WHEREAS, the formation documents for CFD No. 1 created an Appeals Panel of three members to clarify any vagueness or ambiguity in the application of the special tax formula. The Appeals Panel members are the Administrative Services Director, the Community Development Director and the Finance Director; and WHEREAS, on January 14,2002, the Appeals Panel met and recommended approval of the appeal to reclassify the Karl Strauss Brewery to a “quality” restaurant for the purpose of applying the Annual Special Tax - Developed Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Appeals panel to reclassify the Karl Strauss Brewery to a “quality” restaurant for the purpose of applying the Annual Special Tax - Developed Property is sustained. 3. That a refund of $20,462.32 representing the overpayment of Special Taxes as determined by the Special Tax Administrator is authorized. 111 111 111 Ill 3 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 Carlsbad City Council held On the 20th day Of ADril , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: Q-nA!LS&-U ORRAINE M. WOOD, City Clerk (SEAL) Pg 2 of Resolution 2004-127