Res 90-089RESOLUTION NO. ~-089
RESOLUTION OF THE CITY COUNCIL OF CITY OF
POWAY ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 90-1, AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN COMMUNITY FACILITIES
DISTRICT NO. 90-1 AND CALLING AN ELECTION
W~EREAS, the City Council of City of Poway (the "City
Council") has heretofore adopted Resolution No. 90-076 stating
its intention to form Community Facilities District No. 90-1 of
City of Poway ("Community Facilities District No. 90-1" or the
"District") pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended (the '°Act"); and
WHEREAS, a copy of Resolution No. 90-076, setting
forth a description of the proposed boundaries of Community
Facilities District No. 90-1 by reference to a map, the
facilities to be provided (the "Facilities"), the cost of
providing such Facilities, and the rate and method of
apportionment of the special tax proposed to be levied within
the District is on file with the City Clerk and is incorporated
herein by reference; and
WHEREAS, notice was published as required by law
relative to the intention of the City Council to form proposed
Community Facilities District No. 90-1 to levy a special tax
and to incur bonded indebtedness in the amount of $16,000,000
within the boundaries of proposed Community Facilities District
NO. 90-1; and
EXHIBIT 2
Resolution No. 90-089
Page 2
WHEREAS, on May 8, 1990, this Council held a noticed
public hearing as required by law relative to the proposed
formation of Community Facilities District No. 90-1, the levy
of the special tax therein and the issuance of bonded
indebtedness by the District; and
WHEREAS, prior to the noticed public hearing there was
filed with this Council a report (the "Report") containing a
description of the Facilities necessary to meet the needs of
the District and an estimate of the cost of such Facilities as
required by Section 53321.5 of the Government Code; and
WHEREAS, the Council has received the unanimous
consent of the landowners of the District waiving any published
and mailed notice of the time and date of the election set
forth in the Government Code and Section 53326 of the Elections
Code, the time limits for setting the election set forth in
Section 53326 of the Government Code, and all matters relating
to calling and holding of the election as set forth in Section
53327 of the Government Code; and
WHEREAS, at the public hearing all persons desiring to
be heard on all matters pertaining to the formation of
Community Facilities District No. 90-1, the levy of the special
tax and the issuance of bonded indebtedness were heard and a
full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented
to the City Council on the matters before it, and the proposed
special tax to be levied within the District was not precluded
Resolution No. 90-089
Page 3
by majority protest, and this Council at the conclusion of the
rearing is fully advised as to all matters relating to the
formation of the District, the levy of the special tax and the
issuance of bonded indebtedness therein;
NOW, THEREFORE, the City Council of City of Poway DOES
HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. Each of the above.recitals is true and
correct.
Section 2. A community facilities district to be
designated "Community Facilities District No. 90-1 of the City
of Poway (Tech Business Center)" is hereby established pursuant
to the Act. The City Council hereby finds and determines that
all prior proceedings taken with respect to the establishment
of the District were valid and in conformity with the
requirements of law, including the Act. This finding is made
in accordance with the provisions of Section 53325.1 of the
Government Code.
Section 3. The boundaries of Community Facilities
District No. 90-1 are established as shown on the map
designated "Boundaries of Community Facilities District
No. 90-1", which map is on file in the office of the City Clerk
and which map is recorded in the County of San Diego Book of
Maps and Assessments and Community Facilities Districts in the
County Recorder's Office, Book No. 24, Page No. 11.
Resolution No. 90-089
Page 4
Section 4. The Facilities authorized to be provided
for Community Facilities District No. 90-1 are to finance the
costs of planning, designing, constructing, acquiring,
modifying, improving or rehabilitating certain real and other
tangible property with an estimated useful life of five years
or longer, consisting of certain roadway and street
improvements and water, sewer and drainage facilities
(including reservoirs, pump stations and transmission lines),
public trails, parks and fire fighting equipment, both on-site
and off-site, necessary to be constructed to facilitate
development within the District (the "Facilities"), all as
described in Resolution No. 90-076 and the Report. The
District is authorized either to construct or acquire the
Facilities in accordance with the Act.
Section 5. Except where funds are otherwise
available, it is the intention of the City Council, subject to
the approval of the landowners as the eligible voters of the
District, to levy the proposed special tax at the rates set
forth in Exhibit A hereto on all non-exempt property within the
District sufficient to pay a portion of the cost of the
acquisition, construction, modification or rehabilitation of
the Facilities and to pay (i) the principal and interest and
other periodic costs on the bonds proposed to be issued to
finance the Facilities, including replenishment of a reserve
fund and remarketing, credit enhancement and liquidity facility
fees, (ii) the costs of forming the district and administering
Resolution No. 90-089
Page $
the levy and collection of the special tax, and (iii) all other
costs incidental to the special tax levy, the issuance of bonds
for the Facilities or the planning, construction, completion
and inspection of the Facilities, including, but not limited to
the payment of "incidental expenses" of the District, as such
term is defined in the Act and to repay funds advanced for the
cost of the Facilities and incurred in creating the District.
The District expects to incur, and in certain cases has already
incurred, incidental expenses in connection with the planning
and designing of the Facilities, the creation of the District,
the issuance of bonds, the levying and collecting of the
special tax, the completion and inspection of the Facilities
and the annual administration of the bonds and the District.
The rate and method of apportionment of the special tax is
described in detail on Exhibit "A" attached hereto and
incorporated herein by this reference, and the Council hereby
finds that Exhibit "A" contains sufficient detail to allow each
landowner or resident within the District to estimate the
annual amount that he or she will have to pay. The special tax
is based on the the cost of making the Facilities avaliable to
each parcel of real property within Community Facilities
District No. 90-1o The special tax is apportioned to each
parcel on the foregoing bases pursuant to Section 53325.3 of
the Government Code and such special tax is not on or based
upon the ownership of real property.
Resolution No. 90-089
Page 6
The Office of the San Diego County Tax Assessor,
1600 Pacific Highway, San Diego, California, telephone number
(619) 236-3771, will be responsible for preparing, or
authorizing a designee to prepare, the roll of special tax levy
obligations by assessor's parcel number if and as such roll
becomes necessary.
Section 6. In the event that a portion of the
property within Community Facilities District No. 90-1 shall
become for any reason exempt, wholly or partially, from the
levy of the special tax specified on Exhibit "A", the City
Council shall, on behalf of Community Facilities District
No. 90-1, increase the levy to the extent necessary and
permitted by law and these proceedings upon the remaining
property within Community Facilities District No. 90-1 which is
not delinquent or exempt in order to yield the required debt
service payments on any outstanding bonds of the District or to
prevent the District from defaulting on any of its other
obligations or liabilities. The amount of the special tax will
be set in accordance with the rate and method of apportionment
of the special tax attached hereto as Exhibit A.
Section 7. Upon recordation of a notice of special
tax lien pursuant to Section 3114.5 of the Streets and Highways
Code, a continuing lien to secure each levy of the special tax
shall attach to all nonexempt real property in the District and
this lien shall continue in force and effect until the special
tax obligation is prepaid and permanently satisfied and the
Resolution No. 90-089
Page 7
lien canceled in accordance with law or until collection of the
tax by the City Council ceases.
Section 8. The City Council finds that the proposed
Facilities are necessary to meet the increased demand put upon
the City of Poway as a result of new development projected
within Community Facilities District No. 90-1.
Section 9. It is hereby further determined that there
is no ad valorem property tax currently being levied on
property within proposed Community Facilities District No. 90-1
for the exclusive purpose of paying the principal of or
interest on bonds or other indebtedness incurred to finance the
construction of capital facilities which provide the same
services to the territory of Community Facilities District
No. 90-1 as are proposed to be provided by the capital
facilities to be financed and constructed by Community
Facilities District No. 90-1.
Section 10. Written protests against the
establishment of the District have not been filed by the
property owners of one-half (1/2) or more of the area of land
within Community Facilities District No. 90-1. There are fewer
than twelve (12) registered voters within the territory of
Community Facilities District No. 90-1.
Section 11. The special tax proposed to be levied in
the District to pay for the proposed Facilities has not been
protested by the owners of one-half (1/2) or more of the area
of land within the Community Facilities District No. 90-1.
-7-
Resolution No. 90-089
Page 8
Section 12. The Facilities, the bond payments and
expenses and any necessary reserve funds, proposed to be funded
with the special tax are described in Sections 4 and 5 of this
resolution.
Section 13. A special election is hereby called for
Community Facilities District No. 90-1 on the propositions of
levying the special tax on the property within Community
Facilities District No. 90-1 and establishing an appropriations
limit for the District pursuant to Section 53325.7 of the
Government Code and shall be consolidated with the election on
the proposition of incurring bonded indebtedness, pursuant to
Section 53351 of the Government Code. The proposed
propositions relative to incurring indebtedness in the maximum
principal aggregate amount of $16,000,000, authorizing the~levy
of the special tax, which are combined into one ballot
proposition and the proposition establishing an appropriations
limit, are attached hereto as Exhibit "B".
Section 14. The date of the special election for
Community Facilities District No. 90-1 on the proposition of
incurring the bonded indebtedness, authorizing the levy of the
special tax and establishing an appropriations limit for the
District shall be 0n the 22nd day of May, 1990. The City Clerk
of the City of Poway is authorized and directed to conduct the
election.
Section 15. It is hereby found that there are fewer
than 12 registered voters within the territory of proposed
Community Facilities District No. 90-1 and have been fewer than
Resolution No. 90-089
Page 9
12 registered voters in the District during the 90 days
~receding the protest hearing held by this Council, and,
pursuant to Section 53326 of the Government Code, each
landowner who is the owner of record on the date hereof or the
authorized representative thereof shall have one vote for each
acre or portion thereof that he or she owns within Community
Facilities District No. 90-1.
Section 16. Community Facilities District No. 90-1
shall constitute a single election precinct for the purpose of
holding the election. The polling place shall be at the office
of the City Clerk of the City of Poway. The polls shall be
open from 8:00 a.m. to 5:00 p.m. or until all the ballots are
cast, at which time the polls shall close. Immediately upon
the conclusion of the election, the City Clerk shall count the
returns and certify the results of the election.
Section 17. The preparation of the Report is hereby
ratified. The Report, as submitted, is hereby approved and is
made a part of the record of the public hearing regarding the
formation of Community Facilities District No. 90-1, and is
ordered to be kept on file with the transcript of these
proceedings and open for public inspection.
ADOPTED, SIGNED AND APPROVED this 8th day of May, 1990.
ATTEST:
City Cl~rk of the City
of Powa~
CITY COUNCIL OF THE CITY OF POWAY
Mayor, Don Higg~on
Resolution No~ 90- 089
Page 10
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
i,Marjorie Wahlsten , City Clerk of the City of Poway,
do hereby cert--~ ~-~-~ the foregoing Resolution was duly
adopted by the City Council of said City at a meeting of said
City Council held on the 8th day of MaN , 1990, and
that it was so adopted by the following vote:
AYES:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NOES:
NONE
ABSTAIN: NONE
ABSENT: N0N E
City Clekk of the City of Poway
Resolution No. 90- 089
Page 11
RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX
FOR COMMUNITY FACILITIES DISTRICT NO. 90-1
OF THE CITY OF POWAY
(TECH BUSINESS CENTER)
A Special Tax applicable to each Assessor's Parcel in
Community Facilities District No. 90-1 (herein "CFD No. 90-1")
shall be levied and collected according to the tax liability
determined by the City Council of the City of Poway acting in
its capacity as the legislative body of CFD No. 90-1 (herein
the "City Council") through the application of the appropriate
amount or rate for "Developed Property" or "Undeveloped
Property", as described below. All of the property in CFD
No. 90-1, unless exempted by law or by the provisions of
Section E below, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. Definitions.
The terms hereinafter set forth have the following
meanings:
"Developed Property" means all Assessor's Parcels in
CFD No. 90-1 for which a final subdivision map has been
recorded as of March 1 of the preceding Fiscal Year; provided,
however, that Developed Property shall not include property
owned by~a public agency and used for public right-of-way or
open space or property offered for dedication to a public
agency and being used by a public agency for public
right-of-way or open space, or which is encumbered with public
open space, street, roadway or utility easements and is being
used exclusively for the purpose of such easement, which
property is subject to tax as Undeveloped Property only to the
extent set forth in Section D below.
"Fiscal Year" means the period starting on July 1 and
ending the following June 30.
"Maximum Special Tax" means the maximum Special Tax,
determined in accordance with Section C, that can be levied by
the City Council in any Fiscal Year for each class of Developed
Property and for Undeveloped Property, as applicable.
"Special Tax" means the Special Tax for each Land Use
Class determined in accordance with Section C below, that can
be levied by the City Council.
EXHIBIT
Resolution No. 90- 089
Page 12
"Taxable Property" is all of the area within the
boundaries of CFD No. 90-1 which is not exempt from the Special
Tax pursuant to law or Section E below.
"Undeveloped Property" means all Taxable Property in
CFD No. 90-1 not classified as Developed Property.
B. Assignment to Land Use Class.
(1) A parcel shall be classified as a Developed
Property for a Fiscal Year if a subdivision map has been
recorded with respect to that parcel in the Office of the
County Recorder for San Diego County as of the preceding March
1.
(2) Ail Taxable Property not classified as Developed
Property for a Fiscal Year shall be classified as Undeveloped
Property.
C. Maximum Special Tax Rate.
The Maximum Special Tax for Fiscal Year 1990-91 shall
be $15,000.00 per acre for an Assessor's Parcel classified as
Developed Property and $12,400.00 per acre for an Assessor's
Parcel classified as Undeveloped Property, and such Maximum
Special Tax shall increase compounded annually in each
subsequent Fiscal Year by 2.0%. For purposes of this Section
C, the acreage of an Assessor's Parcel shall be determined by
reference to the most current subdivision map recorded in the
Office of the County Recorder for San Diego County or by
another reliable means established by the District.
D. Method of Apportionment of the Special Tax to
Developed Property and Undeveloped Property.
Starting in Fiscal Year 1990-91 and for each following
Fiscal Year, the City Council shall determine the amount of
money to be collected from Taxable Property in CFD No. 90-1 in
that Fiscal Year. Such amount shall include the sums necessary
to pay for debt service on indebtedness of CFD No. 90-1, to
create or replenish reserve funds determined necessary by CFD
No. 90-1 for existing or future indebtedness, and to pay for
administrative and construction expenses to be paid from
Special Tax proceeds. After taking into account other
available revenues, the City Council shall levy the Special Tax
as follows until the amount of the levy equals the amount to be
collected:
First: The Special Tax shall be levied proportionately
on each parcel of Developed Property in equal percentages up to
87% of the Maximum Special Tax for such Fiscal Year;
Resolution No. 90- 089
Page 13
Second: If additional moneys are needed after the
first step has been completed, the Special Tax shall be levied
proportionately on each parcel of Undeveloped Property
(exclusive of Undeveloped Property exempted pursuant to Section
E below) up to 87% of the Maximum Special Tax for such Fiscal
Year;
Third: If additional moneys are needed after the
first two steps have been completed, then the levy of the
Special Tax on Developed Property and Undeveloped Property
(exclusive of Undeveloped Property exempted pursuant to Section
E below) shall be increased in equal percentages above the
rates levied pursuant to the first and second steps above, up
to the Maximum Special Tax for such Fiscal Year;
Fourth: If additional moneys are needed after the
first three steps have been completed, then the Special Tax
shall be levied proportionately on each privately owned parcel
of Undeveloped Property which is encumbered by an easement to a
public utility and which is used exclusively for the purpose of
such easement and which has not been exempted from the Special
Tax pursuant to Section E, up to the Maximum Tax for such
Fiscal Year for such property; and
Fifth: If additional moneys are needed after the
first four steps have been completed, then the Special Tax
shall be levied proportionately on each privately owned parcel.
of Undeveloped Property dedicated to a public agency for use as
a public right of way or open space which has not been exempted
from the Special Tax pursuant to Section E, up to the Maximum
Special Tax for such Fiscal Year for such property; and
Sixth: If additional moneys are needed after the
first five steps have been completed, then the Special Tax
shall be levied proportionately on each parcel of Undeveloped
Property owned by a public agency which has not been exempted
from the Special Tax pursuant to Section E, up to the Maximum
Special Tax for such Fiscal Year for such property.
E. Limitations.
The City Council shall not impose any Special Tax on
up to 40 acres of property which is (1) owned by a public
agency, or (2) is privately owned property which has been
dedicated to a public agency for use as public right-of-way or
open space, following the acceptance of such dedication by the
public agency, or (3) is privately owned property which has
been dedicated to a public utility for exclusive use by the
public utility for unmanned facilities.
Resolution No. 90- 089
Page 14
If the total number of acres of land conveyed or
offered for dedication to a public agency or a public utility
exceeds 40 acres, then the exempt acres shall be determined in
the priority listed in (1), (2) and (3) of the preceding
paragraph, with the property within each category receiving
priority based on the date that it entered such category. The
acres exceeding such total of 40 shall be taxed as Undeveloped
Property to the extent set forth in steps four, five and six in
Section D above.
Resolution No. 90- 089
Page 15
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO.
OF
CITY OF POWAY
SPECIAL BOND, SPECIAL TAX
AND SPECIAL APPROPRIATIONS ELECTION
May 22, 1990
90-1
You are entitled to cast
votes.
To vote, stamp a cross (+) in the voting square after
the word "YES" or after the word "NO". All marks otherwise made
are forbidden. All distinguishing marks are forbidden and make
the ballot void.
If you wrongly mark, tear, or deface this ballot,
return it to the City Clerk and obtain another.
PROPOSITION NO. A: Shall Community
Facilities District No. 90-1 of the
City of Poway (the "District") incur
an indebtedness and issue bonds in the
maximum aggregate principal amount of
$16,000,000, ~ith interest at a rate
or rates not to exceed the maximum
interest rate permitted by law, the
proceeds of which will be used to
finance the costs of planning, designing,
constructinG, acquiring, modifying, improving
or rehabilitating certain real and other
tangible property with an estimated useful
life of five years or longer, consisting
of certain roadway and street improvements
and water, sewer and drainage facilities
(including reservoirs, pump stations and
transmission lines), public trails, parks
and fire fighting equipment, both on-site
and off-site, necessary to be constructed
to facilitate development within the District
(the "Facilities"), as provided in
Resolution No. 90-076 of the City Council
of the City of Poway adopted on April 3,
1990, and shall a special tax with a rate
and method of apportionment as provided
in in the Resolution of the City Council
of the City of Poway establishing the
YES
NO
EXHIBIT B
Resolution No. 90- 089
Page 16
District, adopted on May 8, 1990 be levied to
pay for the Facilities, for the creation or
replenishment of any necessary reserve funds,
for any incidental expenses of the District,
any expenses associated with the Facilities
or the bonds, and for the payment of the
principal of and interest on such bonds?
PROPOSITION NO. B: For each
year commencing with fiscal year 1990/91,
shall the appropriations limit, as defined
by subdivision (h) of Section 8 of Article
XIII B of the California Constitution,
for Community Facilities District No. 90-1
be an amount equal to $16,000,000.007
YES
NO