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Item 19 - Intent to Conduct Proceedings for Abandonment of Community Facilities AGENDA REfORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Man~ ^ INITIATED B~ohn D, Fitch, Assistant City Manager~)t ) arren H, Shafer, Director of Redevelo ment Services DATE: November 28, 1995 SUBJECT: A Resolution of Consideration of the City Council of the City of Poway, Declaring its Intention to Conduct Proceedings for the Abandonment of Community Facilities District No. 90-1 of the City of Poway (Tech Business Center) , the Termination of the Existing SpeCial Tax of Community Facilities District No. 90-1 and the Termination of the Authority of Community Facilities District No, 90-1 to Issue Bonded Indebtedness ABSTRACT In April 1990, the City formed Community Facilities District (CFD) No, 90-1 at the request of the property owner, Tech Business Center, This report responds to the request of Tech Business Center to have the City initiate consideration of the -- abandonment of CFD 90-1, ENVIRONMENTAL REVIEW This action is not subject to CEQA review, FISCAL IMPACT The cost of conducting the abandonment is estimated to be approximately $3,000, plus expenses. In their Petition to the City Council to abandon the CFD, the property owners indicated their willingness to pay these expenses (Attachment 1), Therefore, the City would not incur any cost, ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A copy of this report will be sent to Neville Bothwell, Tech Business Center, If the Resolution of Consideration is approved, all registered voters and property owners in CFD 90-1 will be notified of the public hearing, RECOMMENDATION It is recommended that the City Council approve the attached Resolution of Consideration setting January 9, 1996 as the date of a public hearing on the abandonment of CFD 90-1, ACTION c:\data\agenda\cfd90.'.cov Nay 28 1995 ITEM 19 1 of 10 --- --~~-~--~----, AGENDA REPORT CITY OF POWAY This report is included on the Consent Calendar. There wi l L be no separate discussion of the report pri or to approval by the Ci ty Counei l unless meri:>ers of the Counei l, staff or publ it request h to be removed from the Consent Calendar and discussed separateLy. If you wiSh to have this report pulled for discussion, please fHl out a sl ip indicating the report ruDer and give it to the City Clerk prior to the beginning of the City CCKIlCll meeting. TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Man~ A INITIATED BY: John 0, Fitch, Assistant City Manage~l1' ~warren H, Shafer, Director of Redevelo ment Services DATE: November 28, 1995 SUBJECT: A Resolution of Consideration of the City Council of the City of Poway, Declaring its Intention to Conduct Proceedings for the Abandonment of Community Facilities District No. 90-1 of the City of Poway (Tech Business Center), the Termination of the Existing Special Tax of Community Facilities District No. 90-1 and the Termination of the Authority of Community Facilities District No, 90-1 to Issue Bonded Indebtedness BACKGROUND: In April 1990, the City formed Community Facilities District (CFD) No, 90-1 at the request of the property owner, Tech Business Center, Whil e the CFD was formed and authority to issues bonds was approved by the City Council, no bonds were ever issued, In a letter and petition dated October 11, 1995, Tech Business Center requested that the City initiate consideration of the abandonment of CFD 90-1, FINDINGS: As a result of a recent property transaction, the issue of the status of CFD 90-1 was raised, In researching the question of how to separate the obligations of the CFD from a parcel, it was determined that the only way was to dissolve the entire district, This lead to the request by Tech Business Center for the City to consider the abandonment of CFD 90-1. This procedure requires that a petition representing at least 25% of the property in the district be brought forward requesting the City Counc il to conduct the proceedings for abandonment (Attachment 1), The City Council would then be required to consider adopting the attached Resolution of Consideration (Attachment 2) which sets a Public Hearing on the proposed abandonment for January 9, 1996, Among other thi ngs, the resolution requires the City Clerk to notify all property owners and each registered voter in the CFD of the hearing, If after that hearing the election to dissolve the district is approved, then the district and the authority to issue bonds will be abandoned, Approval of the Resolution of Consideration by the City Council allows the process to go forward to the public hearing, NQY 2 8 1995 ITEM 19 .. 2 of 10 - - Community Facilities District 90-1 November 28, 1995 Page 2 ENVIRONMENTAL REVIEW This action is not subject to CEQA review, FISCAL IMPACT The cost of conducting the abandonment is estimated to be approximately $3,000, plus expenses. In their Petition to the City Council to abandon the CFD, the property owners indicated their will ingness to pay these expenses (see Attachment 1) , Therefore, the City would not incur any cost, ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A copy of this report will be sent to Neville Bothwell, Tech Business Center, If the Resolution of Consideration is approved, all regi stered voters and property owners in CFD 90-1 will be notified of the public hearing, RECOMMENDATION It is recommended that the City Council approve the attached Resol ut i on of Consideration setting January 9, 1996 as the date of a public hearing on the abandonment of CFD 90-1, Attachments: (1) Letter and Petition Requesting the Abandonment of CFD 90-1 (2) Resolution e:\c;ty\rda\cfd90-'.rpt 3 of 10 TECH BUSINESS CENTER LLC Mailing Address: Fax No.: (619) 223-2865 3575 Kenyon Street P.O. Box 80036 Telephone: (619) 223-1663 San Diego, CA 92110 San Diego, CA 92138 October 11, 1995 Mr, James Bowersox City Manager City of Poway P.O, Box 789 Poway, CA 92074-0789 Dear Mr. Bowersox, Weare submitting herewith a petition requesting that the City Council initiate the abandonment of the Tech Business Center Community Facilities District No. 90-1. This follows the procedures outlined in the letter of Stradling, Yocca, Carlson, & Rauth to Mr. Warren Shafer of the City of Poway dated Oct, 6, 1995. As the only landowner in the District No, 90-1, we represent more than the requisite 25%. We note the estimated legal fees and costs of $3,000 for which we will be responsible. Your early attention to this matter would be appreciated, Yours very truly, TECH BUSINESS CENTER LLC By: Bothwell International Ltd. ~~ -- Neville F, Bothwell cc: Mr. Warren Shafer NB: mb \bowersox Nay 2 8 1995 ITEM 19 4 of 10 Attachment 1 - - PETITION TO TIlE CITY COUNCIL OF THE CITY OF POW A Y REQUESTING THE ABANDONMENT OF COMMUNITY FACILITIES DISTRICT {COMMUNITY FACILITIES DISTRICT NO. 90-1 OF THE CITY OF POWAY (TECH BUSINESS CENTER)) As the owner of the land described in Exhibits A & B hereto representing in excess of twenty-five percent (25 %) of the sum of the area of the land described in the exhibits, located in the City of Poway, we hereby request that the City Council of the City of Poway institute proceedings to abandon the community facilities district known as "Community Facilities District No, 90-1 of the City of Poway (Tech Business Center)" pursuant to provisions of the "Mello-Roes Community Facilities Act of 1982." As owner, we agree to advance to the City the amounts necessary to pay for the costs related to the abandonment of the District, - TECH BUSINESS CENTER LLC By: Techbilt Construction Corp. Managing Member D,~ t ,/.. ,1995 -tZ>'~" . Paul K. Tchang, P esident BOTHWELL INTERNATIONAL LTD. Member Date tJt;r/f .1995 ~~ -." ~ Neville F. Bothwell, General Partner NB:mb\petition Nay 2 8 1995 ITEM 19 .. 5 of 10 B - . ~ - l ~ . - a ; - - ~ l-f-- I . il 31 o i\' co c:J") .~ 1-;\ ---- __I T ~::: -- O. {.~.I . x 11(." " "'7' t ~ J 1 ill "".. ~ i-c -. r~~1 ~" . ' . f- i ~ . ~ z! U ~..::: :::: r_'" ::: ~ ~,i _ ,::;; ~_,Q ,:" r' ....... -c .... , v-, ~ ~ y N ^ f- ro ~:':: ;::::::::::::::::::::::::-::::::::::::::::::i::. .:.:-:.:.:.:-:.:.:.:.:.:.:-:-:...--.-:-:-.--------/!: C/):i > i< M:lO 3MOJ.S t CI)" (f) ;::> :::: - ~ :::: ;; r.'" ::::: n - - :::: Q ,..... 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' - f- .:-: '. - ~.;. 1- :: j < ,", .1 ---- f: tf. -:: Z f - :, (j ~. . . . r ~ :J .:: - CIl > m ~ · ~ ~ ~ ~ ;:', I_I_'~""" - ~ 0::::::: (133l::l18 NOS13N ^ 1l::l3l^ll::lO::l) 0 o 3^Il::lO l::l31N3:) H:)31 1;5 U . ~ <( a z .. ::J o 0 Z aJ UJ tJ CJ a: ill t;; 6 of 10 -' 6 Nay 281995 ITEM 19 -- - I LEGAL DESCRIPTION COMMUNITY FACILITIES DISTRICT NO, 90-1 PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 5750, BEING A PORTION OF THE S.E. 1/4 OF THE S.w, 1/4 OFSEC. 19 AND THE N,E. 1/4 OF THE N,W, 1/4 OF SEC. 30, T-14-S, R-1-W, S.B,B.M. AND THE S.E. 1/4 OF THE S,E. 1/4 OF SEC, 24, T-14-S, R-2-W, S.B,B,M, AND LOT 41N SEC. 19, T-14-S, R-1-W, S,B,B,M, ALSO THOSE PORTIONS OF LOTS 1 AND 2 OF SEC, 30, T-14 -S, R-1 W, S,B.B.M., L YtNG N'L Y OF THE N'L Y BOUNDARY OF THAT STRIP OF LAND KNOWN AS BEELER CANYON ROAD AS SHOWN ON SHEET 1 OF RECORD OF SURVEY MAP NO, 6420, EXCEPTING THEREFROM THAT PORTION OF THE E'L Y 300.00 FEET OF SAID LOT 1 LYING S'L Y OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE S.WL Y CORNER OF PARCEL 1 OF PARCEL MAP NO. 5750, ALSO BEING ON THE E'L Y LINE OF SAID LOT 1; THENCE N 00 17' 33" W ALONG THE BOUNDARY OF SAID PARCEL 1, 232,00 FEET TO THE POINT OF BEGINNING; THENCE S '59047' 36" W 346.11 FEET TO THE W'L Y LINE OF SAID E'L Y 300.00 \' FEET. EXHIBIT B . NOY 28 1995 ITEM 19 I 7 of 10 RESOLUTION NO, A RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL OF THE CITY OF POWAY, DECLARING ITS INTENTION TO CONDUCT PROCEEDINGS FOR THE ABANDONMENT OF COMMUNITY FACILITIES DISTRICT NO. 90-1 OF THE CITY OF POWAY (TECH BUSINESS CENTER), THE TERMINATION OF THE EXISTING SPECIAL TAX OF COMMUNITY FACILITIES DISTRICT NO, 90-1 AND THE TERMINATION OF THE AUTHORITY OF COMMUNITY FACILITIES DISTRICT NO, 90-1 TO ISSUE BONDED INDEBTEDNESS WHEREAS, on April 3, 1990, the City Council of the City of Poway (the "City Council") adopted Resolution No, 90-076 stating its intention to form Community Facil ities District No, 90-1 of the City of Poway (Tech Business Center) ("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, on April 3, 1990, the City Council also adopted Resolution No, 90- 077 stating its intention to incur bonded indebtedness in the amount of $22,000,000 within proposed Community Facilities District 90-1 for the purpose of financing the construction, acquisition, modification, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of 5 years or longer, including 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 onsite and offsite, all as more fully described in Resolution No, 90-067 adopted by the City Council on April 3, 1990 (the "Facilities") to serve the area within Community Facilities District No, 90-1; and WHEREAS, on May 8, 1990, the City Council held a noticed public hearing as required by law to determine whether it should proceed with the formation of Community Facilities District No, 90-1, issue bonds to pay for the Facilities and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 90-1 for the purpose of paying for the Facilities to be provided within Community Facilities District No, 90-1, creating or replenishing any necessary reserve funds, paying the annual costs associated with the bonds proposed to be issued to finance the Facilities, including, but not 1 imited to, the principal and interest on the bonds, and payi ng any incidental expenses of the District as set forth in the Act and Resolution No, 90-077; and WHEREAS, on May 8, 1990, the City Council adopted Resolution No, 90-089 which established Community Facilities District No, 90-1, authorized the levy of a special tax within Community Facilities District No, 90-1 and called an election within Community Facilities District No, 90-1 for May 22, 1990 on the proposition of incurring bonded indebtedness and levying a special tax; and WHEREAS, on May 8, 1990, the City Council also adopted Resolution No, 90- 090 which determined the necessity to incur bonded indebtedness in the amount of $22,000,000 within Community Facilities District No. 90-1 and called an election with i n Community Facilities District No, 90-1 for May 22, 1990, on the proposition of incurring bonded indebtedness and levying a special tax; and Nay 2 8 1995 ITEM 19 _I 8 of 10 Attachment 2 - Resolution No, 95- Page 2 WHEREAS, on May 22, 1990, an election was held within Community Facilities District No. 90-1 at which the qualified electors approved by more than a two- thirds vote the proposition of incurring bonded indebtedness of $16,000,000 and levying a special tax as set forth in Resolution No. 90-089; and WHEREAS, on July 17, 1990, the City Council adopted Ordinance No. 321 authorizing the levy of special tax within Community Facilities District No, 90-1 ("Ordinance No, 321"); and WHEREAS, the owners (the "Owners") of not less than 25 percent of the territory within Community Facilities District No, 90-1 have filed a written petition with the City requesting that the City should institute proceedings to abandon the District, thereby terminating the right of the District to levy the special tax currently described in Ordinance No. 321 and the right of the District to issue any of the bonds heretofore authorized pursuant to Resolution No, 90-090 of the City Council; and WHEREAS, the boundaries of the District are as depicted on the map entitled "Proposed Boundaries of Conrnunity Facilities District No. 90-1 of the City of Poway (Tech Business Center)," recorded with the County Recorder of the County of San Diego in the book of maps of assessment and community facilities districts at Book 24, Page 11 (the "Map); and WHEREAS the City Council has determined that the petition submitted by the Owner complies with the requirements of Section 53332 of the Act and that the publ ic convenience and necessity require the District to consider the abandonment of the District; and WHEREAS, the City Council has determined that as of the date hereof, the District has not issued any indebtedness pursuant to the Act, or otherwise, and that, therefore, no proceeds of special taxes of the District are being used to retire any debt incurred pursuant to the Act; and WHEREAS, the Ci ty Counci 1 now deems it appropri ate, in 1 ight of the foregoing, and intends to take the initial steps necessary to consider the proposed abandonment of Community Facilities District No, 90-1 by adopting this resolution as required by Section 53334 of the Act, NOW, THEREFORE, the City Counc il of the City of Poway act i ng in its capacity as the Legislative Body of Community Facilities District No, 90-1 does ordain as follows: Sect i on 1. The above recitals are all true and correct, Section 2. The proposed abandonment of Community Facilities District No, 90-1 and, in connection therewith, the termination of the special tax authorization and bond authorization of Community Facilities District No, 90-1 (collectively, the "Amendments") shall apply to all territory within the District, the boundaries of which were established by and are described in the Resolution of Formation and the Map recorded with the County Recorder for the County of San Diego, NOY 2 8 1995 ITEM 19 9 of 10 --- --- ---------- ---------..--- ----- --------------, Resolution No, 95- Page 3 Section 3, A public hearing (the "Hearing") on the proposed Amendments shall be held at 7 p.m" or as soon thereafter as practicable, on January 9, 1996 at the regular meeting place of the City Council, the City Council Chambers, 13325 Civic Center Drive, Poway, Cal ifornia 92064, Should the City Council determine to submit the proposed Amendments to the qualified electors of the District following the Hearing, a special election will be held to authorize the Amendments, If the election is held, the proposed vot i ng procedure at the election would be a landowner vote with each landowner who is the owner of record at the close of the protest hearing, or authorized representative thereof, having one vote for each acre or portion of an acre of land that he or she owns within the District or if at least 12 persons, who need no necessarily be the same 12 persons, have been registered to vote within the District for each of the 90 days preceding the close of the Hearing, then the vote shall be by the registered voters of the District, with each voter having one vote, Section 4, At such time and place set forth above for the Hearing, the City Counc il shall recei ve test imony as to whether the Di stri ct shall be abandoned as set forth in this resolution, Section 5. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the District, may appear and be heard, Section 6. The City Clerk is hereby directed to publish a notice (the "Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the District. The Notice shall contain the information required by Section 53335 of the Act, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners to the proposed Amendments and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing, Section 7, The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the District as sho~n on the last equalized assessment roll, or otherwise known to the City Clerk to be a current owner of land within the Di stri ct. Said mailing shall be completed not less than fifteen (IS) days prior to the date of the Hearing. Section 8, This Resolution shall take effect from and after its date of adoption, PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting thereof this 28th day of November, 1995, Don Higginson, Mayor ATTEST: Marjorie K, Wahlsten, City Clerk Nay 28 1995 ITEM 19 10 of 10