Res 85-080~FmOLUTIONNO. 85-080
A RESOLUTIONOF~rlECITYCOUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING ITS INT~9~ION TO ESTABLISH A
~TY FA~.ILITIES DISTRICT A~D TO LEVY
A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC F~ILITIES
WITHIN SATD C(~9{UNITYFACILITIES DISTRICT
~EREAS, the City Council of the City of Poway, California, (herei~fter
referred to as the "legislative body of the local Agency"), at this time is
desirous to initiate proceedings to create a Om~.t~nity Facilities District pur-
suant to the terms and provisions of the "Mallo-Roos Oommunity Facilities Act of
1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Goverrm~ent Code of
the State of California. This (kmmlunity Facilities District shall hereir~fter
be referred to as
SOUTH POW-AY ~TY FACILITIES DISTRICT NO. 1
(hereinafter referred to as the "District"); and,
WHEREAS, this legislative body is now required to procc~ to adopt its
Resolution of Intention to initiate proc~_dings for the establishment of said
District, to set forth the boundaries for said District, indicate the type of
public facilities to be provided, indicate the rate and apportiom~ent of a spe-
cial tax sufficient to pay for all such facilities, and set a time and place for
a public hearing relating to the establishment of said district; and,
~{EREAS, a map of said District has been sn~itted, which said map is hereby
approved and a copy of said map shall be k~pt on file with the transcript of
these proceedings.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2.
That these pryings are initiated by this legislative body pur-
s,~anttothe authorization of Section 53318 of the Goverrm~nt Code
of the State of California.
SECTION 3.
It is the intention of this legislative body to establish a
C~,,~onity Facilities District, the bousdaries and parcels being
that area of land in which public facilities are to be provided
and onwhich special taxes may be levied in order topaythe cost
and expenses for said public facilities. A description of the
boundaries of territory proposed to be included in the District
are set forth in Exhibit "B."
SECTION 5.
SECTION 6.
Resolution No. 85-080
Page 2
AIl that property to be served by the installation of the capital
facilities, as said property is shown on a ~ap as previously
approved by this legislative body, said map designated by the name
of this C~L,,,onity Facilities District, a copy of which is on file
in the Office of the City Clerk and shall remain open for public
inspection.
The nam~ of the proposed Ou~,~unity Facilities District to be
established shall be known and designated as SOUTH POWAY (IX4~3NITY
FACILITIES DISTRICTNO. 1.
That it is the intention of this legislative body to order the
purchase, construction, expansion or rehabilitation of certain
real or other tangible property with an estimated useful life of
five (5) years or longer, which is necessary to m--ct increased
~ placed upon this Agency as a result of development or
rehabilitation occurring within the District. A general descrip-
tion of the public capital facilities to be provided is as
follows:
The construction, expansion, rehabilitation or purchase of certain
local facilities, including but not limited to, park facilities,
local recreational use parks, street and access improvements,
sewer improvements and drainage improvements, together with appur-
tenances and appurtenant work. For a full and complete descrip-
tion of said facilities, reference is mde to the file entitled
"DESCRIPTION OF FACILITIES", which is hereby referenced and incor-
porated herein, and a copy of which is on file in the Office of
the City Clerk. For all particulars, reference is made to said
file and report.
The facilities, as above-described, are facilities which this
legislative body is authorized by law to construct, own or
operate.
It is hereby further found and determined that the proposed faci-
lities are necessary to meet increased d~ands placed upon this
local Agency as a result of development or rehabilitation.
That it is hereby further proposed that, except where funds are
otherwise available, a special tax sufficient to pay for said
facilities will be levied annually within the boundaries of said
District. For partic,~]ars as to the rate and method of apportion-
m~nt of the proposed special tax, reference is made to the
attached and incorporated Exhibit "A", which sets forth in suf-
ficient detail the method of apportionment to allow each lan-
downer or resident within the proposed district to cl~rly
estimate the annual amount that said person will have to pay for
said facilities.
l%msolution No. 85-080
Page 3
SECTION 7.
SECTION 8.
Notice is given that on the 21st day of November, 1985, at the
hour of 4:00 p.m., at an ad~urned re~]ar meeting of the Poway
City Council, a public b~ring will be held where this legislative
body will consider the establishment of the proposed coamunity
facilities district, the proposed method and apportionment of the
special tax, and all other matters as set forth in this resolution
of intention. That at the above-mantioned time and place for
public hearing, any persons interested, including taxpayers, pro-
perty owners and registered voters, may appear and be be~_rd, and
that the testimony of all interested persons for or against the
establishment of the district, the extent of the district, or the
furnishing of the facilities, will be heard and considered. Any
protests may be made orally or in writing. However, any protests
pertaining to the regularity or sufficiency of the proceedings
shall be in writing and clearly set forth the irregularities and
_defects to which the objection is z~de. Ail written protests
shall be filed with the clerk of the City of Poway on or before
the time fixed for the public hearing. Written protests may be
withdrawn in writing at any time before the conclusion of the
public hearing.
If written protests against the es~ahlishn~nt of the District are
filed by fifty percent (50%) or more of the registered voters, or
six (6)registered voters, whichever is greater, residing within
the proposed district, or owners of one-half (1/2) or more of the
area of ]and proposed within the District, the proceedings shall
be abandoned. If said majority protest is limited to certain
facilities or special tax, those facilities or that tax shall be
eliminated by the City Council.
That notice of the time and place of the public hearing shall be
given by the City Clerk in the following manner:
A Notice of Public Hearing shall be published in the legally
designated newspaper of general circulation, being the Poway
News Chieftain, said publication pursuant to Section 6061 of
the Goverranent Oode, with said publication to be completed at
least seven (7) days prior to the date set for the public
hearing.
e
A Notice of Public Hearing shall be mil.d, postage prepaid,
to each property owner and registered voter within the boun-
daries of the proposed District; said mailing to the property
owners shall be to the address as shown on the last
equalized asses~m~_nt roll. Said mailing shall be completed
at least fifteen (15) days prior to the date set for the
public hearing.
Resolution No. 85-080
Page 4
All enviror~ental evaluation procccdings relating to the
establishment and funding of this District shall be completed
prior to the date and time set for the public hearing.
PASSfD, ADOPTfD AND APPRDVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 22nd day of October, 1985.
Robert C. Emery, MayO~~
Marjorie K. Wahlsten, City Clerk
EXHIBIT A
TAX RATE FORMULA
The rate and method of apportionment of the special tax shall be a follows:
Except as provided below, all taxable property within CFO 84-1 shall be
taxed at a rate not to exceed $17,000 per gross acre ("Base Tax Rate")
commencing in Fiscal Year 1986-87. Such Base Tax Rate shall be subject to
automatic escalation at the rate of 4% per year compounded annually.
Upon the issuance of building permits for development of all or a portion
of any parel within CFO 84-1, the Base Tax Rate as it applies to such parcel
shall be indexed according to the land use of the parcel as it is proposed to
be developed~ Once the Base Tax Rate for any parcel has been initially
indexed, the resulting tax rate for such parcel shall remain the same, subject
to annual, escalation regardless of any change in the land use of the parcel.
LEGAL DESCRIPTION ~..
ORDER NO. 83097~-6
PAGE NO. I EXHIBIT
The South Half of the Northeast Quarter and the Southeast Quarter of Section
23 and the West Half of Section 24 and those portions of the North Half of the
Northeast Quarter and of the West Half of said Section 23 and the Southeast
Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast
quarter of Section 14, all in Township 14 South, Range 2 West, San Bernardino
Base and Meridian, in the City of Poway, County of San Diego, State of
California, according to United States Government Survey approved September
11, 1879, said portions being described as follows:
Beginning at a point on the Easterly line of Mission Road l-A, according to
Map of said Mission Road l-A, Sheet 15, San Diego County Highway Commission,
filed in the Office of the County Surveyor of San Diego County, which said
Point of Beginning bears South 3o14'52'' East, 289.04 feet from the
intersection of the North line of Section 23, at a point North 88057' West,
3955.5 feet from the Northeast corner of said Section with the center line of
said road at Station 378+70.9 thereof; thence South 78°49'07'' East, 193.25
feet; thence North 0043, East, 80.6 feet; more or less, to the Southwest
corner of the land described in Deed to R. C. Borer and Caroline Borer,
husband and wife, recorded February 10, 1941 in Book 1136, page 174 of
Official Records; thence South 89"17' East, 180 feet; thence North 70"08'45"
East, 288.39 feet; thence North 63"29'15" East, 224.94 feet; thence North
58005'25" East, 236.33 feet to the Southeast corner of the land described in
Deed to Edward C. McAlees et ux, recorded August 18, 1927 in Book 1361, page
278 of Deeds; thence North 0043' East along the East line of land described in
said Deed to McAlees et ux, 12.2 feet to the Southwest corner of land
described in Deed to Cecil E. Wood, recorded August 20, 1927 in Book 1361,
page 285 of Deeds; thence North 83"20' East, along the South line of land
described in said Deed to Wood, 242.01 feet to the Southeast corner thereof;
thence North 0°43' East along the East line of land described in the said Deed
to Woods, 217.80 feet to the Northeast corner thereof; thence North 83"20'
East along a line that is parallel with and 30 feet distant at right angles
Southerly from the center line of the 40 foot County Road to Poway, 242.01
feet to the Northwest corner of land described in Deed to Omie Henri
Harrin~ton, and Hattie Elizabeth Harrington, husband and wife, recorded March
2, 1938 in Book 745, page 469 of Official Records; thence South 0"43' West
along the West line of land described in said Deed to Harrington, 217.80 feet
to the Southwest corner thereof; thence North 83"20' East, 658.12 feet; thence
North 49"43'17# East, 89.22 feet; thence North 70"47'59" East, 364.95 feet;
thence South 89"21' East, 25 feet, more or less, to intersection with the West
line of the Southeast Quarter of the Southeast Quarter of said Section 14;
thence South alonE said West line to intersection with the North line of
Section 23; thence East alonE the North line of said Section 23, 602.96 feet,
more or less to the Northeast corner of the parcel of land second described in
Deed to H. M. Harrington et ux, recorded June 25, 1926 in Book 1173, page 410
of Deeds; thence South 0"39' West, 332.65 feet; thence North 83"20' East, 740
feet, more or less, to the East line of said Section 23; thence South alonE
said East line to the Southeast corner of the Northeast Quarter of the
Northeast Quarter of said Section 23; thence West along the East and West
center line of the Northeast Quarter of said Section 23 to the Southwest
corner of the Northwest Quarter of Northeast Quarter of said Section 23;
thence South along the North and South center line of said Section 23 to the
South Quarter corner of said Section; thence West along the South line of said
'LEGAL DESCRIPTION
ORDER NO. 830974-6
.PAGE NO. 2
Section, South 89°42' West, 975.73 feet; thence North 0"41" East, 146.87 feet
to a point on a curve concave Northeasterly, the center of which bears North
0o41' East, 50 feet from said last mentioned point; thence Northwesterly and
Northerly along the arc of said curve 95.99 feet; thence South 83"52'42" West,
126.66 feet; thence South 38"53' West, 130 feet to a point in the Easterly
line of said Mission Road l-A; thence North 41"35' West along said Easterly
line, 125 feet; thence North 45'57'57" East 190.14 feet; thence South 71"14'
East, 191.57 feet; thence South 89"19' East, 40 feet; thence North 0"41' East,
216.47 feet; thence North 68"19' West, 123.34 feet; thence North 54"46'30"
West, 185.63 feet to a point in a curve concave Northwesterly the center of
which bears North 68"18'47" West, 85.82 feet from said last umntioned point;
thence Northeasterly along the arc of said curve 70.01 feet; thence tangent to
said curve, North 25"03'13" West, 199.79 feet; thence North 24"33'52" West,
177.31 feet; thence North 15'25'05" West, 610.53 feet; thence North 0"52'16"
West, 743.62 feet to the beginning of a tangent curve to the right having a
radius of 78.27 feet; thence Easterly along the arc of said curve, 120.38
feet; thence tangent to said curve, North 87"15' East, 227.85 feet to the
beginning of a tangent curve concave Northwesterly having a radius of 127.84
feet; thence Northeasterly and Northerly along the arc of said curve, 205
feet, more or less, to the North line of the Northeast Quarter of the
Southwest Quarter of said Section 23; thence West along said North line and
the North line of the North Half of the Southwest Quarter of said Section to
intersection with the Northeasterly line of land described as Parcel 2 in Deed
to Ivy Alice Armstrong, recorded December 16, 1941 in Book 1281, page 391 of
Official Records; thence Northwesterly along said Northeasterly line and the
Northeasterly and Northerly line of Parcel 1, described in said Deed to Point
of Intersection with the Easterly line of said Mission Road A-1 said point
being in a curve concave Southeasterly having a radius of 980 feet the center
of which bears South 74"23'02" East from said point; thence Northeasterly
along the Easterly line of said road and along the arc of said curve 279.07
feet; thence tangent to said curve, North 31"56' East, 1464.58 feet to the
beginning of a tangent curve concave Northwesterly having a radius of 720
feet; thence Northeasterly and Northerly along the arc of said curve, 392.28
feet; thence North 0"43' East, 200.15 feet to the Point of Beginning.
Excepting therefrom all that portion lying Northerly of the center ~ine of the
50.00 foot County Road, known as Metate Lane, according to the Map of Road
Survey No. 887, filed in the Office of the County Recorder of said County and
Westerly of the most Easterly boundary of Tustin Hills Unit No. 1, according
to Map thereof No. 4442, filed in the Office of the County Recorder of San
Diego County, January 12, 1960, together with all that portion lying within
said Map 4442.
Also excepting therefrom that portion described as follows:
Commencing at the Northeast corner of Pomerado Gardens, according to the Map
thereof No. 4282, filed in the Office of the County Recorder of said San Diego
County, July 29, 1959; thence South 06"33'00" East, along the boundary of said
Pomerado Gardens, 11.00 feet to the TRUE POINT OF BEGINNING; thence continuing
along the boundary of said Pomerado Gardens as follows:
South 06033'00" East, 199.00 feet to the beginning of a tangent 370.00 foot
radius curve, concave Northeasterly; Southerly along said curve 229.42 feet
through a central angle of 35"31'38" South, 47'55'22" West, 41.00 feet, South
~EGAL DESCRIPTION
OP, DI~R ~0. 830974-~
PAGE NO. 3
85°19'00'' West, 799.76 feet, and South 31056'00" West, 130.00 feet; thence
leaving said boundary South 58004'00' East, 179.67 feet; thence South
04°41'00'' East, 294.95 feet; thence North 85019'00# East, 1187.55 feet; thence
South 66°54'00" East 653.54 feet; thence South 83°10'00" East, 420.00 feet;
thence North 01004'00" West, 575.00 feet; thence North 16028'00'. East, 504.18
feet to the intersection with the Southerly prolongation of the Easterly line
of land described in Deed to Tustin Development Corporation, a California
corporation recorded July 30, 1959 in Book 7799, page 12 of Official Records;
thence North 00042'20'. East along said Southerly prolongation 352.04 feet to
the Southeast corner of land so described in said Deed to Tustin Development
Corporation; thence South 83°27'00" West, along the Southerly line of land so
described, 1321.20 feet to the intersection with the Southerly prolongation of
the Easterly line of land described in Deed to Thompson-Brown Company of
California, et al, recorded October 14, 1959 in Book 7936, page 194 of
Official Records; thence North 06033'00'. West along said prolongation and said
East line of said land 41.00 feet; thence South 83027'00" West, parallel with
the South line of said Thompson-Brown land and the Westerly prolongation
thereof, 399.44 feet; thence South 06033'00'' East, 41.00 feet to the
intersection with the Southerly line of said Tustin Development Corporation
land; thence South 83027'00.. West along said Southerly line, 19.00 feet to the
TRUE POINT OF BEGINNING.
Also excepting therefrom that portion described as follows:
Beginning at the intersection of the center line of the County Road, 40.00
feet wide, known as Mission Road I-A, according to Map in the Office of the
County Surveyor, said County, with the center line of the 50.00 foot County
Road, known as Metate Lane, according to Map of Road Survey No. 887, filed in
the Office of the County Recorder of said County, being Engineer's Station
0%/30 on said center line of Road Survey No. 887; thence along said center line
of Road Survey'No. 887, North 85°19' East, 1043.77 feet to an angle point in
said Road Survey; thence North 83027' East along said center line (record
North 83020' East,) 535.00 feet; thence South 6033'00.. East, 210.00 feet to
the beginning of a tangent 370.00 foot radius curve concave Northeasterly;
thence Southerly along said curve, 229.42 feet through an angle ot.35°31'38~;
thence radially to said curve, South 47055'22" West, 41.00 feet;' thence South
85019'00" West, 799.76 feet to a line which is parallel with and distant
915.00 feet Southeasterly, at right angles, from the center line of said
Mission Road I-A' where said centerline has that. course and distance shown as
North 31056'00.. East, 1464.58 feet; thence parallel with said course South
31056'00.. East, 929.30 feet; thence South 11016'00" West, 60.00 feet; thence
South 31°56'00" West, 110.00 feet; thence South 67047'50.. East, 99.01 feet;
thence South 8°04'00" West, 150.00 feet; thence South 23012'20.. East, 69.38
feet; thence South 6°37'10.. East, 300.00 feet to the Southerly line of said
North Half of Section 23; thence North 89°32'17" West along said Southerly
line, 343.76 feet to the Northerly line of that certain Parcel 2, described in
the Deed to Nora Marshall, recorded July 6, 1955 in Book 5705, page 215 of
Official Records; thence North 76053'58" West, (record North 76°56'51.. West)
along said Northerly line, 111.48 feet to the Westerly end thereof; thence
South 13006'02" West (record South 13°03'09" West) 25.00 feet to said
Southerly line of the North Half of Section 23, being ALSO the most Easterly
corner of that Parcel 2, described in the Deed to Ivy Alice Armstrong,
recorded December 16, 1941 in Book 1281, page 391 of Official Records; thence
North 76°53'58" West (record North 76°56'51" West) along the Northeasterly
~EGAL DESCRIPTION
ORDER NO. 830974-6
PAGE NO. 4
line of said Parcel 2, a distance of 178.49 feet to an angle in said boundary;
thence continuing North 71°20'07" West (record North 71°23'00" West) along
said Northeasterly line and the Northeasterly line of Parcel 1, described in
-said Deed, 720.51 feet to a tangent point of curve on the Northerly line of
said Parcel 1, said curve being concave Southeasterly and having a radius of
25.00 feet; thence Westerly along said Northerly line and along said curve,
40.58 feet through a central angle of 93000'00" to a Point of Intersection
with the Easterly line of said Mission Road I-A, said point being in a curve
concave Southeasterly and having a radius of 980.00 feet; thence North
74020'07'. West, radially to said curve 20.00 feet to the center line of said
Mission Road i-A; thence Northeasterly along the 1000.00 foot radius curve in
said center line, 283.94 feet through an angle of 16°16'07"; thence tangent to
said curve North 31056'00'. East, along said center line, a distance of 1462.69
feet (record 1464.58 feet) to the beginning of a tangent curve concave
Northwesterly and having a radius of 700.00 feet; thence Northerly along the
arc of the last said curve, through an angle of 7°58'30" a distance of 97.43
feet to the Point of Beginning.
lak/co
3/11/81