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Home My WebLink About1991-04-16; City Council; 11118; Mello-Roos Community Facilities DistrictI .I; AB#//NL TITLE. MTG. 4/16/91 UPDATE ON CITY-WIDE MELLO-ROOS DEPT. FIN COMMUNITY FACILITIES DISTRICT a, DE CI1 CI1 ,G u 5 a, c) 0 0 .ri 3 a a, w a u W w &I rn rd a -4 N $4 0 cd a, ,G u 1 a $ u Q 0 a a, ; uLl rn3 uc =t Q WaJ wu (d TI Ll ma, sa % 00 :g .ri u Ga, 3-l Urn oa, 4 urd a a,w rl -4 c)c) a 1 \o 4 \ 4- .. z 0 - ti d 8 4 z 3 cm OF CARLSBAD - AGENQ) BILL q ' f RECOMMENDED ACTION: Council should accept the staff report and provide any direction Council may is necessary at this time. ITEM EXPLANATION: AS the date for the property owner vote on the City-Wide Community Fad District (CFD) approaches, staff would like to take one last opportunity to 1 the Council on the status of the CFD. In addition, this may be a good tim answer any questions that may remain regarding the program, tax rates, prc scheduling and alternate funding options for the CFD projects. The intent of this agenda bill is to provide the Council with a briefing on status of the CFD rather than to review all aspects of the funding plan. Cou has spent many hours on this subject in both regular meetings and p~ hearings. The information presented to Council at those meetings is availabl the Finance Department and the City Clerk's office for anyone wishing n detail. Summary of Events On December 11, 1990, the City Council adopted the Resolution of Intentioi form a Community Facilities District to finance a variety of public projects. 5 presented the Council with resolutions setting a proposed tax form boundaries, limits on the total amount of bonds authorized, and setting a c for a public hearing. On January 29, 1991, the Council held a public hearing the CFD and accepted both written and oral protests from property ow within the boundaries of the district. The total protest represented about 7 of the total property with the largest protests coming from two property own1 Finding there to be insufficient protests, Council called for the election on creation of the CFD to be set for May 7, 1991. The City Clerk has made the arrangements for the election to be held as direc by Council. Ballots will be mailed to all property owners after April 8,1991, i will be due back in the Clerks office by 8:OO p.m. on May 7, 1991. After polls close, the Clerk will proceed with the counting of ballots. The Council 7 certify the results of the election on May 14 or May 21,1991, depending on t required by the Clerk to validate all ballots. The CFD will be considered in pl 30 days after the Council certifies the results of the election. B e * Page Two of Agenda Bill No. 11, / /g Projected Results As with any election, the results are not certain until the ballots are coun However, the indications from a variety of property owner groups is that the ( will receive the necessary 2/3 vote for formation. The state of the econom; the time of the election will have a strong bearing on the results. In a strc economy or at least an optimistic climate, the CFD is likely to win the sup1 of a large majority of the land owners. Proiect Timing and Tax Rates Some concern has been raised by property owners that the aggressive pro construction schedule proposed by staff will demand that the Council imr heavy taxes in the early years of the District. These taxes will be levied aga vacant land during a recessionary period that is affecting the ability of m property owners to get financial backing from lenders. In their opinion, the C could experience a high level of delinquencies that could jeopardize the abi of the district to issue debt when needed. Staff agrees With the property owners at least in part. This is a diffic economic climate. The City may find that proposed construction schedulc aggressive and some mitigation of the tax burden is called for in the first ye One feature of the CFD is that the City will be in control of project timing : the tax rate to be set each year. The tax rate can be set at any level betw zero and the maximum tax rate authorized by the district formation docume The Council may affect the tax burden of the property owner in any given y dramatically by changing the schedule for construction of projects. This may seen in the attached exhibits A and B which show the expected tax rate undeveloped residential property under the current project schedule and reduced tax rate that is possible if the Council were to consider a modif schedule. The Table below compares the taxes that would be imposed un each scenario: Tax Rate Under Tax Rate Under Current Project Modified Project Land Use Type Schedule Schedule Channe RL $ 197 $ 84 ($ 113) RLM 540 232 (308) RM 906 388 (518) RMH 1,389 595 (794) RH 1,955 838 (1,117) e a 8 Page Three of Agenda Bill No. I I ,, I / % Council may want to consider the significant effects of adopting the modi project schedule on tax rates. If there is a strong desire to reduce the tax bur in the first fiscal year of the CFD this may be a viable option. The rev: schedule will meet the demands of the Growth Management Program providing a guaranteed financing plan for all projects in the CFD even though La Costa Interchange is scheduled for construction in 1993-94 rather than 19 93 and the CFD portion of Cannon Road is moved three years into the futi If Council believes there is a need to construct La Costa Interchange in 1992 the revised project schedule will not provide the necessary cash flow and shc be rejected. A variety of alternate project schedules have been reviewed by staff. With exception of the above option, none have been able to meet the funding nc of the City while significantly reducing the tax burden on the property own Bond Issue Schedule One commonly asked question is, "Once the CFD is in place how soon will WE able to issue bonds and proceed with the library construction project?" * proposed financing plan will allow for the award of a library construct contract in the second to third quarter of 1991-92. Another project of m: interest is the Palomar Airport Road Interchange. This project is scheduled funding in 1992-93 under the CFD bond issue schedule. Earlier construction 1 depend on our ability to find a temporary funding source in 1991-92. The election will take place on may 7, 1991. The Council will certify the res within one to two weeks, or by May 21,1991. There is a waiting period (prot period) of at least 30 days following the certification of the results of the vc putting us to June 21, 1991 if no significant challenges are received. At t library project. A simple bond issue can be done in 90 to 120 days if there is unusual delay (October 1991). A more complex issue such as an 8,500 acre C with 160 property owners could take as long as 150 to 180 days to comple. One action that could speed this process along would be to select an underwr now rather than wait for the certification of the election results. This is a no-c action which is non-binding if the CFD is not ratified by the voters. Staff co return to the Council in mid-May with a recommendation on an underwrite the process were to begin now. Other projects will be funded as the tax rate and one time tax revenue adequate to support the debt issues or project construction. time, the staff may proceed with the process of creating the bond issue for a e Page Four of Agenda Bill No. 1 1, I I 5? FISCAL, IMPACT The actions the Council will take related to this agenda bill have no direct fi: impact on the City. Council direction to staff in the area of project schedul and the hiring of an underwriter will not result in any cost to the City. ' modified project schedule could provide a decreased tax burden to propc owners, but it will also delay the construction of at least two projects in the C If the CFD were to fail the fiscal impacts on the City would be significant. F: library standard under the Growth Management Program due to the lack oj adequate financial guarantee. This could preclude residential development u an alternate financing source can be located for the project. Funding for the interchanges would be in question, and would depend on the City's abili? raise sufficient Bridge and Thoroughfare District revenues to meet the dem to construct bridges or find an alternate source of funds. Projects scheduled later in the CFD would be funded as revenues from fee programs bec: available. Staff continues to meet with property owners, interested residents and pi service groups to discuss the CFD and the City's Growth Management Progr Both the Growth Management Division and Finance Department are availabl meet with any one interested in learning more about the program. it would be likely that Council would find that there is a failure to meet EXHIBITS: 1. Original CFD Project Schedule. 2. Revised (Optional) CFD Project Schedule. LAND MAXIMUM 1991 -92 1992-93 USE TAX RATE IAMOUNT RATE ]AMOUNT RL 281 70.00% 197 70.00% 197 RM 1,294 70.00% 906 70.00% 906 RMH 1,984 70.00% 1,389 70.00% 1,389 RH 2,793 70.00% 1,955 70.00% 1,955 RLM 772 70.00% 540 70.00% 540 1993-94 RATE IAMOUNT 70.00% 197 70.00% 906 70.00% 1,389 70.00% 1,955 70.00% 540 LAND USE RL RLM RM RMH RH MAXIMUM 1991 -92 1992-93 1993-94 TAX RATE IAMOUNT RATE [AMOUNT RATE (AMOUNT 281 30.00% 84 65.00% 183 70.00% 197 772 30.00% 232 65.00% 502 70.00% 540 1,294 30.00% 388 65.00% 841 70.00% 906 1,984 30.00% 595 65.00% 1,290 70.00% 1,389 2,793 30.00% 838 65.00% 1,815 70.00% 1,955 W Honorable March Fong Eu Secretary of State 1230 "J" Street Sacramento, California 95814 Dear Ms, Eu: I hereby request the Secretary of State of the State of California to authorize the pu of ballot cards or release ballot cards through Martin & Chapman Co. on our bel provide ballots for our election to be held on Tuesday, May 7, 1991. Please release for official ballots. Sincerely, LEE RAUTENKRANZ J City Clerk 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434 '!!!vnz!/LaM7k!!w ENGINEERS & PLANNERS 10920 VIA FRONTERA - PO BOX 28100 UN OIEGO. CAS2128 (6191 485-1500 FAX 1619) 487.2068 LETT'ER OF TRANSMITTAL To. CITY OF CARLSBAD Date. APRIL 2, 1 CARLSBAD, CA 92008 Job No.. A68-015-02 1200 CARLSBAD VILLAGE DRIVE Subject COMMUNITY Attention: DISTRICT b ALETHA RAUTENKRANZ CITY OF CP CITY CARLSBAD 0 We arc nansmining the following Na dCopier Dcacription 2 MAILING LABELS WITH CURRENT ADDRESS FOR PALOMAR INVESTMEE 1 QUALIFIED ELECTORS LISTING REFLECTING ADDRESS CHANGE THESE ARE TRANSMITI73 AS CHECKED BELOW: 0 For Approval 0 Approved as Submiaed 0 ResUbmlt cwe 0 For YourUse 0 Approved as Noted 0 Submlt copes 6 As Requested 0 kturned for Corncoon, 0 Return C 0 For Review and Comment 0 For Bids Due 0 0 ha Returned After Loan 19 - If cncIomres are not u nod, kidly aotifyw a- v CITY OF CARLSBAD QUALIFIED ELECTORS COMMUNITY FACILITIES DISTRICT NO. 1 9 *. Apr 2, 1991 *I NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- A-M HOMES 19 7 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660 ABADA, AHARON 29 6121 ROMANY DRIVE SAN DIEGO, CA 92120 AITCHISON, WALLACE G 1 6112 W 75TH PLACE LOS ANGELES, CA 90045 ALADRAY, NAZEAN & JOSEPH 1 PO BOX 2308 RANCHO SANTA FE, CA 92067 ALSOP, ANNE TR 1 2555 FAIRGROUNDS DRIVE #56 VALLEJO, CA 94589 ALTAMIRA UNIT NO 4 1 C/O PACKARD & LOOMIS INC 5670 EL CAMINO REAL, STE F CARLSBAD, CA 92008 ANDREX DEVELOPMENT CO 3 20101 HAMILTON AVE STE 3000 TORRANCE, CA 90502 ARIE DEJONG JR. FAMILY TRUST 33 622 E MISSION RD SAN MARCOS, CA 92025 AVIARA LAND ASSOC 1,031 C/O HILLMAN PROPERTIES 2011 PALOMAR AIRPORT RD, STE 206 CARLSBAD, CA 92009 AVIARA M.H.A. 66 C/O HILLMAN PROPERTIES 2011 PALOMAR AIRPORT RD, STE 206 CARLSBAD, CA 92009 AVIARA RESORT ASSOC 39 C/O HILLMAN PROPERTIES WEST, INC 450 NEWPORT CENTER DR, STE 304 NEWPORT BEACH, CA 92660-7640 AVIARA-5 29 C/O MCKELLAF? COMMUNITIES 1250 PROSPECT ST #lo3 LA JOLLA, CA 92037 NBS/LOWRY PAGE 1 w CITY OF CARLSBAD QUALIFIED ELECTORS COMMUNITY FACILITIES DISTRICT NO. 1 0 Apr 2, 1991 NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- BACHMAN, JOHN & ALICE 2 1545 WILSHIRE BLVD, STE 700 LOS ANGELES, CA 90017 BARBER, ROSS & MABEL L TRS 2 5392 EL CAMINO REAL CARLSBAD, CA 92008 BATIQUITOS BLUFF 48 C/O SAMMIS PROPERTIES 2650 CAMINO DEL RIO NORTH, STE 100 SAN DIEGO, CA 92108 BATIQUITOS POINTE 34 C/O SAMMIS PROPERTIES 2650 CAMINO DEL RIO NORTH, STE 100 SAN DIEGO, CA 92108 BCE DEVELOPMENT CORP 10 NO. 1 PARK PLAZA, STE 1000 IRVINE, CA 92714 BCS PROGRAM L-2 19 1303 AVOCADO ST NEWPORT FINANCIAL CENTER NEWPORT BEACH, CA 92660 BECKMAN INSTRUMENTS 26 2500 HARBOR BLVD FULLERTON CA 92634 BIRTCHER BUSINESS CENTER 2 27611 LA PAZ ROAD LAGUNA NIGUEL, CA 92677 BLONSKI, THEODORE & MIRIAM 5 12019 CAMINITO CAMPANA SAN DIEGO, CA 92128 BOLTON, GEORGE & MU1 1 6519 EL CAMINO REAL CARLSBAD CA 92008 BRAEWOOD DEVELOPMENT 3 C/O GEORGE MC ELROY & ASSOC PO BOX 565048 DALLAS, TX 75356 BRAMALEA CALIFORNIA, INC 12 4330 LA JOLLA VILLAGE DR, STE 250 SAN DIEGO, CA 92122 BREN DONALD L CO 31 NBS/LOWRY PAGE 2 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS 0 *- Apr 2, 1991 '. NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- 23161 MILL CREEK ROAD, STE 200 LAGUNA HILLS, CA 92653 BRIGHTON CARLSBAD ASSOC 148 505 N TUSTIN AVE #250 SANTA ANA, CA 92075 BRYANT, FRANK 8 PO BOX 1216 CARLSBAD, CA 92008 BUERGER, WILLIAM & ANN 6 121 TOWNWOOD WAY ENCINITAS CA 92024 CALIFORNIA COMMUNITIES INC 100 31 TECHNOLOGY DR #200 IRVINE, CA 92718 CAMPBELL, TOM ET AL 1 C/O RICHARD CAMPBELL 393 RIDGEMONT COURT NEWBURY PARK, CA 91320 CANTARINI, BANNING T ET AL 142 PO BOX 587 CARLSBAD, CA 92008 CARLSBAD 54 PARTNER 54 17612 BIRCH TREE LN IRVINE, CA 92715 CARLSBAD AIRPORT CENTER 221 1921 PALOMAR OAKS WAY CARLSBAD, CA 92009 CARLSBAD DEVELOPMENT CO 279 16935 W BERNARD0 DR SAN DIEGO, CA 92128 CARLSBAD HEIGHTS ASSOC 55 4499 RUFFIN RD, STE 300 SAN DIEGO, CA 92123 CARLSBAD OAKS EAST LTD 70 C/O TECH CONSTRUCTION CORP PO BOX 80036 SAN DIEGO, CA 92138 CARNATION PROPERTIES 11 C/O VICTORIA FERNANDEZ PO BOX 395 C/O BUIE CORP NBS/LOWRY PAGE 3 , 0 0 CITY OF CARLSBAD ,- Apr 2, 1991 COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED E LECTORS NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- CARDIFF, CA 92007 CHAPPEE, EUGENE 1 654 N HIGHWAY 101 ENCINITAS, CA 92024 COBRA-BLACKMORE 4 C/O ALLEN BLACKMORE PO BOX 424 RANCHO SANTA FE, CA 92067 COMMUNITY BANK CORP 4 C/O M KERSOG 3233 SAN FERNANDO RD, STE 3 LOS ANGELES, CA 90065 CRIVELLO FAMILY TRUST 5 C/O SUN PACIFIC ENT PO BOX 6189 SAN DIEGO, CA 92106 DANIELS CABLEVISION 1 3200 CHERRY CREEK S DR, STE 500 DENVER, CO 80209 DAVIDSON/COSCAN PARTNERS 21 12520 HIGH BLUFF DR #300 SAN DIEGO, CA 92130 DELORM, ROBERT 11 2421 DUNSTAN ST OCEANSIDE, CA 92054 DEVLIN, LESLIE L 1 1131 AMETHYST MENTONE, CA 92359 DICKIE, CHARLES & VIRGINA 1 5350 E BROADWAY LONG BEACH, CA 90803 DONAHUE, RICHARD ET AL 1 4964 DAVID WAY SAN BERNARDINO, CA 92404 ECKE, PAUL SR 23 PO BOX 607 ENCINITAS, CA 92024 EDWARDS, MARJORIE R 1 PO BOX 1905 RANCHO SANTA FE, CA 92067 NBS/LOWRY PAGE 4 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS Apr 2, 1991 0 NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- ENGLER, WILLIAM E. 4 STAR RTE 1 BOX 30 NILAND, CA 92257 EXTEN VENTURES INC 2 2655 CAMINO DEL RIO N, STE 302 SAN DIEGO, CA 92108 FERMANIAN, G, 1 C/O SO CAL DEV 915 CAMINO DEL MAR, STE 200 DEL MAR, CA 92014 FERNANDEZ, VICTORIA 11 PO BOX 395 CARDIFF, CA 92007 FIELDSTONE/ LA COSTA 1,711 C/O THE FIELDSTONE CO 14 CORPORATE PLAZA NEWPORT BEACH, CA 92660 FIG HOLDING CO 14 C/O REAL ESTATE DEPT 4680 WILSHIRE BLVD LOS ANGELES, CA 90010 FISHER, JOHN & CARYL 1 6630 SUNSET CIRCLE RIVERSIDE, CA 92505 FRED DELANEY 4 POINSETTIA ASSOC PO BOX 6652 SAN DIEGO, CA 92166 GREAT WESTERN SAVINGS 2 C/O REO DEPT PO BOX 1010 NORTHRIDGE, CA 91328 HADLEY, PAUL & PEGGY 16 4743 W HOFFER ST BANNING CA 92220 HEAD WILLIAM E 1 C/O RAMON D ASEDO PO BOX 207 OCEANSIDE, CA 92054 HERRICK DEVELOPMENT 1 755 RAINTREE DRIVE CARLSBAD, CA 92008 NBS/LOWRY PAGE 5 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS e -- Apr 2, 1991 '. -. NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- HIGDON, BARBARA 5 2448 A STREET SAN DIEGO, CA 92102 HILLEBRECHT CO 67 2170 SKYLINE DR ESCONDIDO, CA 92027 HUNT, W H 4 C/O HUNT ENERGY CORP 1601 ELM STREET DALLAS, TX 75201 HUNTINGTON BEACH CO 101 C/O CHEVRON USA INC PO BOX 7611 SAN FRANCISCO, CA 94120 IVAR NV CORP 17 3104 FIFTH AVE SAN DIEGO, CA 92103 KAISER ELECTRO-OPTIC 34 2752 LOKER AVE W. CARLSBAD, CA 92008 KAISER, GILBERT & MARY 11 1615 CALLE DE CINO ST LA JOLLA, CA 92037 KATO, HIROSHI & IDA 42 3250 SUNNY CmEK ROAD CARLSBAD,CA 92008 KELLY FAMILY CARLSBAD 428 12520 HIGH BLUFF DR, STE 120 SAN DIEGO, CA 92130 KELLY, ALLAN 0 & KATHERINE M 356 PO BOX 1065 CARLSBAD, CA 92008 KELLY, RICHARD C 82 5200 EL CAMINO REAL CARLSBAD, CA 92008 KELLY, RICHARD ET AL 28 C/O ROBERT P KELLY 2770 SUNNY CREEK ROAD CARLSBAD, CA 92008 KELLY, ROBERT 1 PO BOX 175 NBS/LOWRY PAGE 6 a CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS 0 Apr 2, 1991 NO. OF OWNER'S NAMEl & ADDRESS VOTES --------,-------------------------- -------- CARLSBAD, CA 92008 KELLY, ROBERT ET AL 13 C/O ROBERT P KELLY 2770 SUNNY CWEK ROAD CARLSBAD, CA 92008 KELLY, W. ALLAN & MARIE ET AL 2 21990 AVE 168 PORTERVILLE, CA 93257 KIRGIS, HOWARD 61 IDA 23 8332 PINOTAGE COURT SAN JOSE, CA 95135 LlOll PARTNERSHIP 9 C/O MISSION WEST PROPERTIES 12555 HIGH BLUFF DR, STE 120 SAN DIEGO, CA 92130 LA COSTA ESTANCIA 8 C/O CUNNINGHAM-BARISIC DEV CORP 340 S FLOWER STREET ORANGE, CA 92638 LA COSTA FUNDING 5 C/O VISTAR FINANCIAL, INC 13456 WASHINGTON BLVD MARINA DEL REY, CA 90292 LAMB, JOHN M 6 947 N LA CIENEGA BLVD, STE H LOS ANGELES, CA 90069 LAUREL TREE INVESTMENTS CO 12 C/O SPIERS ENT IRVINE, CA 92714 LUSK, JOHN & SON CORP 96 17550 GILLETTE AVE IRVINE, CA 92664 LYON COMMUNITIES INC 28 4330 LA JOLLA VILLAGE DR, STE 130 SAN DIEGO, CA 92122 LYON/COPLEY CARLSBAD ASSOC 478 4490 VON KARMAN NEWPORT BEACH, CA 92660 MADISON SQUARE DEVELOPMENT I1 3 4223 PONDEROSA AVE #A 17941 MITCHELL ST NBS/LOWRY PAGE 7 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS e I- . Apr 2, 1991 -. NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- SAN DIEGO, CA 92123 MADISON SQUARE DEVELOPMENT I11 9 4223 PONDEROSA AVE #A SAN DIEGO, CA 92123 MAG PROPERTIES 77 7682 EL CAMINO REAL #209 CARLSBAD, CA 92009 MANDANA CAL CO CORP 196 4675 MACARTHUR COURT, STE 1210 NEWPORT BEACH, CA 92660 MARINE CORPS WEST 4 C/O MR L. L. DE CARLO MCX COMPLEX CAMP PENDLETON, CA 92055 MC CABE, JEFFREY S 1 267 LAS VETA AVE ENCINITAS, CA 92024 MCKINNEY, RONALD & EVELYN 6 4355 HUERFANO AVE SAN DIEGO CA 92117 MCREYNOLDS , ANDREW 35 2316 CALLE CHIQUITA LA JOLLA, CA 92037 MCROSKEY , JOHN 9 6212 CORTE DEL ABET0 CARLSBAD, CA 92009 MENDIVIL, MARIA ET AL 8 4748 VALLE VERDE CT LA VERNE, CA 91750 MERCOTAL INC 3 7167 CONSTRUCTION CT SAN DIEGO, CA 92121 MISON ESTANCIA PARTNERSHIP 7 C/O MOLA DEVELOPMENT CORP 4699 JAMBOREE NEWPORT BEACH, CA 92660 MITSUUCHI, ROY & NANCY 30 1120 S FIGUEROA ST SANTA ANA, CA 92704 MOORE, GUY S. JR. 2 NBS/LOWRY PAGE 8 * e 0 CITY OF CARLSBAD QUALIFIED ELECTORS COMMUNITY FACILITIES DISTRICT NO. 1 f- - Apr 2, 1991 -. NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- 6503 EL CAMINO REAL CARLSBAD CA 92009 MORGAN/PALOMAR INDUSTRY 14 800 W FIRST ST LOS ANGELES CA 90012 MTK CORP OF AMERICA 12 17771 MITCHELL NORTH IRVINE, CA 92714 MURPHY, HOWARD TRUST 20 400 N LA COSTA CARLSBAD, CA 92008 NELSON, GREGORY & BARBARA 6 3437 HIGHLAND DRIVE CARLSBAD CA 92008 NORTHWESTERN PACIFIC 5 610 S MAIN STREET LOS ANGELES, CA 90014 OCEAN BLUFF PARTNERS 32 2386 FARADAY AVE STE 100 CARLSBAD CA 92008 ODMARK THELAN DAVIDSON CO 40 C/O JOHN THELAN 3200 FOURTH AVE #lo1 SAN DIEGO, CA 92103 PALOMAR AIRVIEW ASSOC 8 C/O CALIBER DEV, INC 701 PALOMAR AIRPORT RD CARLSBAD, CA 92008 PALOMAR INVESTMENT 11 P.O. BOX 577 ENCINITAS, CA 92007 PARKVIEW WEST PARTNERSHIP 27 2424 VISTA WAY #204 OCEANSIDE, CA 92054 PILLSBURY, MARTHA 4 4429 OHIO STREET SAN DIEGO, CA 92216 PORTER, MARVIN & MARGRET 2 PO BOX 73030 SAN YSIDRO, CA 92073 NBS/LOWRY PAGE 9 * m 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS Apr 2, 1991 NO. OF OWNER'S NAME & ADDRESS VOTES ---c------------------------------- -------- PRICE CO. 62 PO BOX 85466 SAN DIEGO, CA 92138 PROPERTY MORTGAGE CO 4 C/O BALBOA CAPITAL CORP 14724 VENTTJRA BLVD SHERMAN OAKS, CA 91403 PURITAN-BENNETT CORP 26 2310 CAMINO VIDA ROBLE CARLSBAD, CA 92009 RDC DEVCO I1 LTD PARTNERSHIP 20 C/O REPUBLIC DEVELOPMENT CO 180 N. RIVERIEW DR, STE 130 ANAHEIM, CA 92808 RICE ENTERPRISES 92 PO BOX 4782 SAN CLEMENTE, CA 92672 ROBERTSON, BRIAN K 7 4656 EL CAMINO REAL CARLSBAD, CA 92008 ROBERTSON, VIRGINIA K 366 4656 EL CAMINO REAL CARLSBAD, CA 92008 ROESCH, RONALD L. 28 2800 NEILSON WAY #708 SANTA MONICA CA 90405 RUDVALIS, JOSEPH A. 6 PO BOX 267 ENCINITAS CA 92024 SAMMIS CARLSBAD ASSOC 27 17922 FITCH AVE IRVINE, CA 92714 SAMMIS PROPERTIES 52 2650 CAMINO DEL RIO N, STE 100 SAN DIEGO, CA 92108 SANDLIN, DOROTHY 23 1103 BEL AIR PLACE LOS ANGELES, CA 90077 SARKARIA, DALJIT 21 PO BOX 5986 ORANGE CA 92667 NBS/LOWRY PAGE 10 a CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS 5 Apr 2, 1991 a NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------- SCHINDLER, THURLO 11 648 MARSOLAN AVE SOLANA BEACH CA 92075 SCHREIBER, DALE 2 7163 ARGONAUTA WAY CARLSBAD, CA 92009 SDGtE 1 101 ASH STREET SAN DIEGO, CA 92010 SEA BLUFF ASSOCIATES 6 276 N EL CAMINO REAL OCEANSIDE, CA 92054 SEAPOINTE PROFESSION 10 535 ENCINITAS BLVD, STE 116 ENCINITAS, CA 92024 SHELLEY, DANIEL T 195 905 OLIVE CREST DR ENCINITAS, CA 92024 SHERMAN, JOSEPH 30 P 0 BOX 2529 SAN GABRIEL, CA 91778 SIPPEL MARVIN ET AL 2 806 WESTFIELD AVE PORTERVILLE, CA 93257 STANTON, MARIE L 1 1438 PACIFIC STREET REDLANDS, CA 92373 STEINDORF, ALBERT 0 & SONDRA G 5 1410 VALLEDA LANE ENCINITAS, CA 92024 SUGINO, MASADA & IKUK 6 2050 S DEL DIOS HIGHWAY ESCONDIDO CA 92025 SUNBELT PLANNING CO 69 8641 FIRESTONE BLVD DOWNEY, CA 90241 SUNNY CREEK I PARTNERSHIP 18 C/O JAMEG E BETZ 5850 AVENIDA ENCINAS, STE A CARLSBAD, CA 90241 NBS/LOWRY PAGE 11 L e a CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS Apr 2, 1991 - .. NO. OF VOTES OWNER'S NAME: & ADDRESS ................................... -------- SUNNY CREEK I1 PARTNERSHIP 77 C/O RUSSELL W GROSSE DEV CO, INC 5850 AVENIDA ENCINAS, STE A CARLSBAD, CA 92008 TABATA, AKIRA & JOYCE 5 8201 LEGION PLACE MIDWAY CITY CA 92655 TABATA, NOBORU & EVELYN 25 PO BOX 943 CARLSBAD, CA 92008 TABATA, NOBORU ET AL 14 PO BOX 943 CARLSBAD, CA 92008 TARTAGLIA, PATRICIA 1 56 MONARCH BAY SOUTH LAGUNA BEACH, CA 92677 THERRIEN, CHARLES J 2 926 E TWELFTH STREET NATIONAL CITY, CA 92050 THOMPSON, DAVID & KAREN 28 PO BOX 1487 CARLSBAD, CA 92008 THOMPSON, DAVID B 5 PO BOX 1487 CARLSBAD, CA 92008 THOMPSON, HAROLD 10 C/O HALCO INC 145 E RENO AVE E-7 LAS VEGAS NV 89119 TREETOPS UNLIMITED 7 3900 HARNEY ST SAN DIEGO, CA 92110 UNION OIL CO OF CALIFORNIA 1 PO BOX 7600 TAX DIVISION LOS ANGELES, CA 90051 UPLAND INDUSTRIES 323 C/O UNION PACIFIC REALTY CO PO BOX 2500 BROOMFIELD, CO 80020 VISTA SANTA FE 36 NBS/LOWRY PAGE 12 e CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 QUALIFIED ELECTORS e “1 .I 4 Apr 2, 1991 . .. NO. OF OWNER’S NAME & ADDRESS VOTES ................................... -------- 5405 OBERLIN DR, STE 200 SAN DIEGO, CA 92121 WARD, GUY 4525 WILSHIRE BLVD, 3RD FLOOR LOS ANGELES, CA 90010 WEIDNER, EVELYN ET AL PO BOX 33 CARDIFF CA 92007 WEISS MYLAS & FRANCINE K 412 S BUNDY DR LOS ANGELES, CA 90049 WESTERN LAND & DEVELOPMENT 5200 EL CAMINO REAL CARLSBAD, CA 92008 WIMPEY GEORGE INC 129 PO BOX 33608 SAN DIEGO, CA 92103 WOOD, JAMES F & LINDA L C/O R DONAHUE 4964 DAVID WAY SAN BERNARDINO, CA 92404 WRISLEY, RALPH & HOPE PO BOX 2028 CARLSBAD, CA 92008 YAMAMOTO, YUJIRO & YAMA 1201 VIA LA JOLLA SAN CLEMENTE CA 92672 YMCA OF SAN DIEGO 7510 CLAIRMONT MESA BLVD SAN DIEGO, CA 92111 __---_-_-_-_-_-____________________ ................................... ======== C/O BROADMOOR PACIFIC INC 11 6 3 77 1 3 5 15 Total : 8,686 Count : 159 NBS/LOWRY PAGE 13 MARTIN & CHAPMAN CO. PLEASE CHECK AND RETURN ONE COPY OF THIS PROOF TO US IMMEDIATELY 1951 WRIGHT CIRCLE, ANAHEIM, CA 92806 (714) 939-9866 FAX 939-9870 ~~~~~~ !N RED INK 0 OK TO PRINT WITH NO CHANGES D OK TO PRINT WITH CQRRECTIONS 0 PLEASE SUBMIT A SECOND PROOF - -- ., , I 4 -. o1 - -. 1 1 y- /1 e 0 Commercial and Industrick bond debt service, replenish reserve, call bonds, pay ' CARLSBAD bonds and Community Facilities District No. 1 COMMUNITY FACILITIES DISTF administrative costs, and pay far current or future SPECIAL MAILED BALLOT EL public capital facilities. FIRST Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed INSTRUCTIONS TO LANDOWNE Property levied against commercial and industrial properties. SECOND: Levy the annual Special Tax - In order to exercise your right as a qL Undeveloped Property on undeveloped taxable ' Community Facilities District No. 1 ir commercial and industrial acreage in the proportional special mailed ballot election, you amounts for each property category as required, not to following steps. exceed the maximum tax. YROC i Determine monies necessary to make payment on I MAY 7,1991 1 1 ' I 1 1. To vote on the measure, mz word "No" on the enclosed ol Detach the stub in the uppe and keep as your receipt. t the square after the word "' 2. 3. Fold and insert the Officia enclosed Ballot Envelope, ar Envelope. f 4. Complete the required infc enclosed Voter Identification sign and execute the Ce provided. It is essential thi be completed and signed i vote to be counted. The document is to ensure th casting a vote had the auth behalf of the owner of the pi vote. I 1 i- i I 1 I 1 1 1 5. Place the Voter ldentificatior I the sealed Ballot Envelope i I self-addressed return enveli envelope by mail or in pe Clerk. To be valid, Ballots I by 8:OO p.m. on Election di I POSTMARKS ARE NOTAC( YOU MAY VOTE AND/OR TURN IN I I I I I 1 BALLOT TO: : 4 ALETHA RAUTENKRANZ, C17 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE CARLSBAD, CALIFORNIA t LOST, SPOILED OR DAMAGED BALL( i I If you have lost, spoiled or dama please call the City Clerk at (61 information. 1 I 1 I I I c\,+.lluv~I uI Laad rroposirion wiii nut omyare rn the proposFd capital facilities, in con@ bon indebtedness, or levy any spec Approval of the Proposithn, however, will Qrai and authorization to the City to undertake thc upon completion of additional actions, inch not limited to, final project design, etc. WS CI I Y AT TUSNN'S IMPARTIAL A CITY OF CARCSBAD C6MMUNI'N FACJUTlES DISTRICT NO. 1 The City Council of the City of Carlsbad, California, has undertaken proceedings and taken action to form a Community Facilities District pursuant to the "Mello- The above statement is an impartial analys Roos Community Facilities Act of 1982" (referred to as f f Ballot Proposition. - I Batrot proposition, please ci the "Ad"), said Community Facilities District known and designated as COMMUNIlY FACILITIES (W 434 -mi- - DISTRICT NO. 1 (hereinafter referred to as the , c_ost-t- "District"). A Community Facilities District is established for the i i purpose of carrying on specific activities within a definite area of service. The specific activities ; proposed for this District are the financing of major public capital facilities, as set forth in the Ballot Proposition. No other facilities or services are BOND ISSUE STATEMENT CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 The City has also declared the necessity to incur a bonded indebtedness as authorized by that Act, to pay for said proposed public capital facilities described in the Ballot Proposition. This bonded indebtedness As shown on the enclosed official ballot, a speci shall not exceed $130,000,000. The total amount of ballot election is being conducted by the City C the bonds which the City actually issues may be less than this amount. the City of Carlsbad, California, pertaining 1 proposed issuance of bonds for a Coml Facilities District formed pursuant to the "Mellc The City has further determined that any bonds shall Community Facilities Act of 1982", said Comi be serial bonds and generally mature over a period not Facilities District known and designata to exceed forty (40) years. The bonds may be issued COMMUNITY FACILITIES DISTRICT NO. 1 (herel in differing series, at differing times, and the maximum referred to as the "District"). rate of interest to be paid on the bonds shall not exceed the greater of either ~WO per annum or the This election will be conducted on the 7th day 01 maximum legal rate at the time of any sale. The City has also proposed the authorization for a 1991, at which time the qualified voters of the C shall be asked whether or not the District shall ir bonded indebtedness in an amount not to e; $130,000,000 in 1991 dollars to finance certain I special tax to be levied annually within the District boundaries to pay for the costs of the facilities, as weti as to pay for the annual installments for debt service on any issued bonds. The proposed rate and method i facilities as specified in the ballot proposition. Th of apportionment of the special tax is also set forth in ' of interest on said bonds shall not exceed t percent (12%) per annum or the maximum permitted by law at the time of sale of any of the bc If such bonds are authorized and sold, the princil and interest on the bonds will be payable fron the Ballot Proposition. The annual levy of the special tax may not exceed the rate as set forth in the Ballot Proposition; however, the City may levy the special tax at a lower rate. The proceeds of the special tax may only be used to proceeds of special tax levies, which are describ pay the costs of the authorized facilities, and/or debt the ballot proposition. service as applicable on any authorized bonded indebtedness. A special tax may continue to be levied The best estimate from official sources of the ta no longer than is necessary to pay for the principal and which would be required to be levied to fund the interest for any such bonds issued. The bonds will not issue during (a) the first fiscal year after the first s( be secured by any taxing power or funds of the City, bonds, and (b) the fiscal year after the last sa although contributions from lawful sources may be bonds, and (c) the highest tax rate which woul available in certain cases. required to be levied is generally as set forth ir Approval of the Ballot Proposition must occur before taxing formula as attached herein, referenced an the city may either issue any bonds and/or levy the incorporated. special tax. In order for the Proposition to be Inasmuch as the timing of the issuance of bonds approved, 2/3rds of the vote cast on the Proposition the actual rate of the special tax necessary to se must be cast in favor of the City incurring the bonded the bonded indebtedness is dependent I indebtedness and levying the special tax. In this development within the District, no estimates District the vote will be by landowners, one (1) vote per available as to the year in which the highest taw. acre or portion thereof. will apply. 0 I ! \ 1 I authorized to be carried on by this District. 1 1 f i i i I i i \ \ ' i 1 i ! I t > _.-_---_-__-_- g -- _-__ -- + , rr .-.- - .. - -r ---- - CITY ATOZNEY'S IMPARTIAL AF' - ' YSlS CITY OF CAR'-SBAD COMMUNITY FAClLlTlES DISTRICT NO. 1 The City Councii of the City of Carlsbad, California, has undertaken proceedings and taken action to form a Community Facilities District pursuant to the "Mello- Roos Community Facilities Act of 1982" (referred to as The above statement is an impartial the "Act"), said Community Facilities District known Ballot Proposition. -If-y0~0sicS- and designated as COMMUNITY FACILITIES Bafl5€lJE5@%iSonl please calt-tke DISTRICT NO. 1 (hereinafter referred to as the (6 19)1434;2m3~-acopp-w+tt-k~ A Community Facilities District is established for the cons 't the proposed capital factlii bondtJ indebtedness, or levy an! Approval of the Fropositton, however, L and authorization to the City to undert upon completion of additional actions not limited to, final project design, etc. ! I "District"). c_ost-toystc.~ , purpose of carrying on specific activities within a definite area of service. The specific activities proposed for this District are the financing of major public capital facilities, as set forth in the Ballot Proposition. No other facilities or services are authorized to be carried on by this District. The City has aiso declared the necessity to incur a bonded indebtedness as authorized by that Act, to pay COMMUNITY FACILITIES DlSTRll for said proposed public capital facilities described in the Ballot Proposition. This bonded indebtedness As shown on the enclosed official ballot shall not exceed $130,000,000. The total amount of the bonds which the City actually issues may be less ballot election is being conducted by tt- than this amount. the City of Carlsbad, California, per proposed issuance of bonds for The City has further determined that any bonds shall Facilities District formed pursuant to tt Community Facilities Act of 1982", sa be serial bonds and generally mature over a period not to exceed forty (40) years. The bonds may be issued j Facilities District known and dc in differing series, at differing times, and the maximum j COMMUNIN FAC,LlTlES D,STA,CT NO referred to as the "District"). rate of interest to be paid on the bonds shall not exceed the greater of either 12% per annum or the This election will be conducted on the 7 maximum legal rate at the time of any sale. The City has also proposed the authorization for a 1991, at which time the qualified voters special tax to be levied annually within the District shall be asked whether or not the Distri boundaries to pay for the costs of the facilities, as well bonded indebtedness in an amount I as to pay for the annual installments for debt service $130,000,000 in 1991 dollars to finance on any issued bonds. The proposed rate and method facilities as specified in the ballot propo: of apportionment of the special tax is also set forth in of interest on said bonds shall not I the Ballot Proposition. The annual levy of the special I percent (12%) per annum or the r tax may not exceed the rate as set forth in the Ballot permitted by law at the time of sale of an' Proposition; however, the City may levy the special tax If such bonds are authorized and sold, and interest on the bonds will be pa! at a lower rate. The proceeds of the special tax may only be used to proceeds of special tax levies, which ar pay the costs of the authorized facilities, and/or debt the ballot proposition. service as applicable on any authorized bonded indebtedness. A special tax may continue to be levied The best estimate from official sources no longer than is necessary to pay for the principal and which would be required to be levied to interest for any such bonds issued. The bonds will not issue during (a} the first fiscal year after be secured by any taxing power or funds of the City, bonds, and (b) the fiscal year after tl- although contributions from lawful sources may be bonds, and (c) the highest tax rate wI available in certain cases. required to be levied is generally as s Approval of the Ballot Proposition must occur before taxing formula as attached herein, refer the City may either issue any bonds and/or levy the incorporated. special tax. In order for the Proposition to be Inasmuch as the timing of the issuance approved, 2/3rds of the vote cast on the Proposition the actual rate of the special tax neces must be cast in favor of the City incurring the bonded the bonded indebtedness is dep indebtedness and levying the special tax. In this development within the District, no District the vote will be by landowners, one (1) vote per available as to the year in which the h acre or portion thereof. will apply. BOND ISSUE STATEMEN C1lY OF CARLSBAD ! , I l I I j t : i I 4 1 * f '* - __ _. . __..- - - -_____ - . - - - -.-- ~---- - --__ _____ - Convenience Market 27.31 Bank with Drivethru 18.06 Campground 17.51 1 Restaurant - Sit Down 15.1 7 Manna 14.85 properties shall be subject to the following described 1 Bank-WalkIn 12.83 SPECIAL DEVELOPMENTTAX - ONE TIME Upon the issuance of a building permit, all Residential OR, IN THE ALTERNATE, ANNUAL SPECIALTAX I i ALLOCATION OF COSTANDTAX Total capital costs for all authorized facilities I Property" for any Fiscal Year shall not exceed 13.81% of the authorized "Maximum Special Development Tax - One Time" for the various Commercial and ' i to Commercial & Industrial property. The ah\ exclude costs of issuance as needed. subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enaineerina News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually inflate each of other costs, including sinking fund payments fo construction as applicable. COLLECTION OF ANNUALTAX Residential: IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA II TERM OF TAX Hotel - Conv. FadGomm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 The above taxes shall be levied until a D scount Store 3.22 1.56 been discharged and facilities ful Golf Course 3.06 2.14 guaranteed, and the SPECIAL DEVEL0 Church ONE TIME has been paid; however, Office - Government 2.93 I .a8 Commercial Shops 2.90 1.58 SPECIAL TAX - DEVELOPED PROPERT Health Club 2.89 1.65 levied for a period in excess of twenty-l Motel 2.69 2.06 Office - High Rise 2.67 1 .a4 Office - Commercial, 100,000 SF 2.56 1.75 LumbedHardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Once a building permit has bee ndoor Sports Arena 2.33 2.23 Residential property and the SPECIAL C Resort Hotel 2.30 1.98 University 2.26 1.91 TAX - ONE TIME has been paid, the pro! Junior College 2.1 9 1.90 will be subject to any annual special tax. All Other Commercial Properties 2.1 4 1.44 2.99 1.94 per parcel. Residential: not identified above Commercial & Industrial: IMPROVEMENT IMPROVEMENT NDUSTRlAL USE DESIGNATIONS AREA I AREA II The Commercial and Industrial proper issuance of a building permit, have th pay the SPECIAL DEVELOPMENT TAX Heliports $ 10.63 $ ndustrial-Commercial Business Park 2.14 1.51 (2) assume the ANNUAL SPECIAL TAX PROPERTY, as set forth above. Upon i not identified above 1.74 I .42 1 any building permit, no further increaz 3.67 ~ All other Industrial Properties j is authorized. ALLOCATION OF COST ANI I OR, IN THE ALTERNATE, I Total capital costs for all authorized fi ANNUAL SPECIAL TAX 1 allocated as follows: 65% to Residentii The "Maximum Annual Special Tax - Developed to Commercial & Industrial property. 1 Property" for any Fiscal Year shall not exceed 13.81% , f exclude costs of issuance as needed. of the authorized "Maximum Special Development ' 1 Tax - One Time" for the various Commercial and j Residential oroDerh shall be taxed Industrial Property categories as set forth above in i sufficient to meet the 65% share of fac the amount applicable and annually adjusted for each . 1 1 including sinking fund paymen Fiscal Year. construction as applicable. Commercial & Industrial DroDerty sha amount sufficient to meet the 35% SI which tax will include costs of issuar other costs, including sinking fund pa) construction as applicable. i ! will include costs of issuance, interest ANNUALTAX INCREASE t The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all I subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enaineerina News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index I published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually inflate each Of ! the Maximum Annual Taxes for each year for i properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to , bonds and Community Facilities COLLECTION OF ANNUAL I i Residential: Determine monies necessary to mi bond debt service, replenish reserve! exceed 50% of the above-referenced increase. 1 administrative costs, and pay for B. PROPERTIES TO BE SUBSEQUENTLY collected from Special Development ! levied against residential properties. 1 remaining funds needed are to be I j levy of the annual Special Tax - Undet i on undeveloped taxable residential i proportional amounts for each propc ! required, not to exceed the maximum i facilities. FIRST: Reduce this amoi ANNEXED: Not to exceed 100% of the above- referenced increase until annexed. *Nflms/LaM9m. ENGINEERS 6 PLANNERS 10920 VIA FRONTERA P 0 BOX 281 00 SAN DIEGO CA 92128 1619) 485-1590 FAX(619) 487-2068 LETTER OF TRANSMIlTAL T~. CITY OF CARLSBAD Date. APRIL 1, 3 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 Job No. A68-015-0; Subject COMMUNITY Atrention. DISTRICT 1 ALETHA RAUTENKRANZ CITY OF Cl 0 CITY CLERK We are nansrnintng the following No. ofcopicr Derriptioa 2 CORRECTED MAILING LABELS FOR BCE DEVELOPMENT CORP 1 QUALIFIED ELECTORS LISTING THESE ARE TRANSMIITED AS CHECKED BELOW: 0 For Approval 0 Approved as Submitted 0 Rtsubmit &e 0 For Your Use 0 Appovcd as Noted 0 submlt Copta 0 As Requested 0 btumed fOr CO-&N 0 Lrn ( 0 Rmm Returned After Loa. 0 For Review and Comment 0 For Bids Due [3 19 - If cd- 8re aot il eotu& kindly aMify w .t - 0 b ENGIIEIRS 8 PLANNE PO Box 28100 92127-\704 92\98-0100 Fax 619 487-26 Tel 61 9 485-1 500 A68-015.025 March 26, 1991 Aletha L. Rautenkranz City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 SUBJECT: ELECTION FOR COMMUNITIES FACILITIES DISTRICT NO. 1 In accordance with our conversation, enclosed is the folloh Facilities District No. 1: 1. Two sets of labels (the number of votes is shown in upper right-hand corner of each label). A list of the qualified electors including owners name address and number of votes. As discussed with Mac Brc the number of votes is the sub-total of the gross acres all parcels owned by a land owner rounded upward to the I whole number. A list of all taxable parcels within Communities Facilil District No. 1 showing the owners name and address, all assessor's parcel number owned by that party, gross ai (upon which the vote is based), and taxable acres. concerning the election to be held on May 7, 1991 for Communit 2. 3. If you have any questions regarding this matter, please con fiy- Vice GALEN President N. PE RSON, P.E. :jlb Enclosures cc: Jim Elliott; CITY OF CARLSBAD, w/o enclosures %“ms/LaMAw ENGINEERS & PLANNERS 10920 VIA FRONTERA P 0 BOX 281 00 SAN DIEGO. CA 921 28 1619l 485-1500 FAX(619) 487.2068 LETTER OF TRANSMITTAL MARCH 27, T~. CITY OF CARLSBAD Date 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 job No. A68-015-02 Subjecr. COMMUNITY Attcncion; DISTRICT E ALETHA L. RAUTENKRANZ CITY OF Cl 0 CITY CLERK We are nansminlng the followins No. of Copiea Derriprioa 2 MAILING LABELS (TO REPLACE KEL-CAL MAILING LABELS) 1 CORRECTED QUALIFIED ELECTORS LISTING 1 CORRECTED TAXABLE PARCELS LISTING THESE ARE TRANSM- AS CHECKED BELOW: 0 Approved as Submitted 0 RUUbmlt COP4 a For Your Use a Appoved as Noted a submit coptes i a For Approval O As Requested 0 For Review and Comment 0 For Bib Due 0 Return C 0 Returned for ~ornrto~ 0 0 he Returned After Loat 19 - Ifedaures .rt aot m a~tcd, kindly no<ify u) .toaf~ o e- 3. DATE SENT 3,/<,/ 7 ! TIME SENT 10 ,' 30 A q FAX PHONE NO. 434-1 987 NUMBER OF PAGES SENT (INCLUDING THIS PAGE) TO: MAC gbul d lo JEPz== COMPANY: @&odd ~tARPM J3liRhiS al I~ENT~CHKE i FROM: LrEE lQl4LLT'i-F-€JKfw"7 DEPT: Cl7-Y CLE R IC CONTACT PHONE # (619) Y3 'f - d BO 9 INSTRUCTIONS: ANY PROBLEMS WITH RECEIVING THIS FAX CALL: (619) 434-2803 - OFFUAL bALLU @ , 0 1 No= + (This number shall be torn off and retained bythevoter) MARK CROSSES (t) ON BALLOT WITH ---- PEN AND INK OR PENCIL. No. (Voter may remove and retain (Perforate and tear Official Ballot below this line and include the lower portion in the ballot envelope) this stub) OFFICIAL BALLOT CITY OF CARLSBAD SPECIAL MUNICIPAL ELECTION TUESDAY, MAY 7,1991 INSTRUCTIONS TO VOTERS: To vote, mark a cross (+) in the voting square after the word "Yes" or after the word "No" wit All distinguishing marks or erasures are forbidden and make the ballot void If you wrongly mark, tear, or deface this ballot, return it to the a pen or pencii. Jgp&f- City Clerk as th Election Official and obtain another. Shall the City of Carisbad, Community Facilities District No. 1, County of San Diego, 1) incur a bonded indebtedness in an amount estimated to be $130,000,000, subject to inflation, to finance the installation of public facilities generally described as a new improvements designated as the Macario Canyon Park, major street improvements in portions of Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain Road/ Rancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities described as the La Costa Interchange, Poinsettia Lane Interchange and Palomar Airport Road Interchange, 2) levy special taxes to pay for said facilities and/or to pay for any authorized and issued bond indebtedness, and 3) establish an Article be levied in any fiscal year? XlllB appropriations limit equal to the maximum authorized special taxes which may OF VOTES e**** Martin & Chapman CO. * 1951 Wright Circle * Anaheim, CA 92806-6028 714/9349866 FAX 714/939-9870 (449/ooo9e) -1 0- 0; v I I 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL MAILED BALLOT ELECTION MAY 7,1991 r 1 1 I INSTRUCTIONS TO LANDOWNER VOTERS I In order to exercise your right as a qualified elector of Community Facilities District No. 1 in the referenced following steps. I 1. To vote on the measure, mark a cross (+) in 1 1 the square after the word "Yes" or after the word "No" on the enclosed official ballot. Detach the stub in the upper lefthand corner and keep as your receipt. Fold and insert the Official Ballot into the enclosed Ballot Envelopemeal the Ballot Envelope. Complete the required information on the enclosed Voter Identification Certification and sign and execute the Certification where provided. It is essential that this document I i vote to be counted. The purpose of this I casting a vote had the authority to do so on behalf of the owner of the property entitled to vote. special mailed ballot election, you must follow the , 1 : I I i i 2. i 3. I I i 1 4. , be completed and signed in order for your document is to ensure that the individual I I 5. Place the Voter Identification Certification and I the sealed Ballot Envelope into the enclosed self-addressed return envelope. Return this I I o be valid, Ballots must be received b 500 .m. on Election day, MAY 7, 1991. I envelope by mail or in person to the City I I MARKS ARE NOT ACCEPTED. I 79 s:oo I 1 BALLOT TO: I ALETHA RAUTENKRANZ, CIN CLERK 1 CITY OF CARLSBAD ! 1200 CARLSBAD VILLAGE DRIVE I cD po7 YOU MAY VOTE AND/OR TURN IN YOUR OFFICIAL I I CARLSBAD, CALIFORNIA 92008 LOST, SPOILED OR DAMAGED BALLOTS: i I If you have lost, spoiled or damaged your ballot, please call the City Clerk at (619) 434-2808 for I information. I 'TY AlTURNEY'X IMP/;rlTIALANALYSi - @ CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 The City Council of the City of Carlsbad, California, has undertaken proceedings and taken action to form a Community Facilities District pursuant to the "Mello- Roos Community Facilities Act of 1982" (referred to as and designated as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District 'I). A Community Facilities District is established for the purpose of carrying on specific activities within a definite area of service. The specific activities proposed for this District are the financing of major public capital facilities, as set forth in the Ballot Proposition. No other facilities or services are authorized to be carried on by this District. The City has also declared the necessity to incur a for said proposed public capital facilities described in the Ballot Proposition. This bonded indebtedness shall not exceed $130,000,000. The total amount of the bonds which the City actually issues may be less than this amount. The City has further determined that any bonds shall be serial bonds and generally mature over a period not to exceed forty (40) years. The bonds may be issued in differing series, at differing times, and the maximum rate of interest to be paid on the bonds shall not exceed the greater of either 12% per annum or the maximum legal rate at the time of any sale. The City has also proposed the authorization for a special tax to be levied annually within the District boundaries to pay for the costs of the facilities, as well as to pay for the annual installments for debt service on any issued bonds. The proposed rate and method of apportionment of the special tax is also set forth in the Ballot Proposition. The annual levy of the special tax may not exceed the rate as set forth in the Ballot Proposition; however, the City may levy the special tax at a lower rate. The proceeds of the special tax may only be used to pay the costs of the authorized facilities, and/or debt service as applicable on any authorized bonded indebtedness. A special tax may continue to be levied no longer than is necessary to pay for the principal and interest for any such bonds issued. The bonds will not be secured by any taxing power or funds of the City, although contributions from lawful sources may be available in certain cases. Approval of the Ballot Proposition must occur before the City may either issue any bonds and/or levy the special tax. In order for the Proposition to be approved, 2/3rds of the vote cast on the Proposition must be cast in favor of the City incurring the bonded indebtedness and levying the special tax. In this I 4 acre or portion thereof. e 1 , I the "Act"), said Community Facilities District known 1, i I. bonded indebtedness as authorized by that Act, to pay , i 1 I f District the vote will be by landowners, one (1) vote per ! Ballot Proposition. If you desire a copy of the Ballot Proposition, please call the City Clerk at (619) 434-2808, and a copy will be mailed at no BOND ISSUE STATEMENT CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 As shown on the enclosed official ballot, a special mail ballot election is being conducted by the City Clerk of the City of Carlsbad, California, pertaining to the proposed issuance of bonds for a Community Facilities District formed pursuant to the "Mello-Roos Community Facilities Act of 1982", said Community Facilities District known and designated as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter t I en OF CARLSf3Av 4 COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT “A” PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Community Facilities District shall be subject to ANNUAL SPECIAL TAXES as applicable, based upon the property categories, maximum tax rates, increases and status of the issuance of building permits, all as 3 hereinafter set forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilities District, not within the Bridge &Thoroughfare District. RESIDENTIAL PROP E RlY AL SPECIAL TAX - UNDEVELOPED PROPERN ble property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: *. 1 AXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PER DEVELOPABLE ACRE FOR FISCAL YEAR qt? PROPERN CATEGORY Residential Low Residential Low to Medium Residential Medium Residential Medium to High Residential High SPECIAL DEVELOP Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: MAXIMUM SPECIAL DNELOPMENTTAX- ONE TIME PER F-RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY Residential Low $ 4,452.00 Residential Low to Medium Residential Medium Residential Medium to High 2.810.00 Residential High 2,810.00 16 I! li IS $1 I .L-b COMMERCIAL USE DESIGNATION AREA I IMPROVEMENT ? AREA II 28.46 28.14 27.31 18.06 17.51 15.17 14.85 12.83 Restaurant - Fast Food Outdoor Tennis Courts Convenience Market Bank with Drivethru Campground Restaurant - Sit Down Marina Bank - Walk In Auto e Gasoline 8.11 Grocery Store 7.78 S & L with Drive-thru 7.59 Bowling Center 6.63 Restaurant - Quality 6.57 ' $ 7.58 7.26 6.74 5.72 4.99 4.73 4.41 4.60 2.89 2.56 3.48 2.83 3.09 la Property" for any Fiscal Year shall not exceed 13.81% of the authorized "Maximum Special Development , Tax - One Time" for the various Commercial and ; i 1 subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enaineerinu News-Record, titled "ENR Cost Indexes in 22 Cities" will be' used. The Index published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually inflate each of the Maximum Annual Taxes for each year for , (2) assume the ANNUAL SPECIAL TAX - DEVELOPED ; PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial & Industrial property. The above costs exclude costs of issuance as needed. , Determine monies necessary to make payment on I I February 20, 1991 F. Mackenzie Brown Brown, Harper, Burns fi Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 RE: COMMUNITY FACILITIES DISTRICT NO. 1 The Notice of Election which you provided to us and which included Resolution No. 91-40 relating to a bond indebtedness and calling of the election has been published. February 7, 1991 and February 14, 1991. Enclosed for your records is a copy of the Proof of Publication which we just received from the Carlsbad Journal. The Notice of Election which we have prepared and published in accordance with instructions from Martin & Chapman was published on February 14, 1991 and will be published again on February 21, 1991. As soon as we receive a Proof of Publication for the second Notice, we will provide a copy for your records as well. If you have any other questions, or need additional information, please don't hesitate to contact us. The publication dates were STh Assistant City Clerk Enc . 1200 Carlsbad Villaae Drive . Carlsbad, California 92008 @ (619) 4:; February 27, 1991 F. Mackenzie Brown Brown, Harper, Burns ti Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 RE: COMMUNITY FACILITIES DISTRICT NO. 1 Enclosed for your records is a copy of the completed Certificate of Compliance with Notice Requirements for CFD No. 1. Also enclosed for your records is a copy of the Proof of Publicatis for the Notice of Election which we prepared and published in accordance with instructions from Martin h Chapman. If you have any questions, or need additional information, please don’t hesitate to contact us. &J* Assistant City Clerk Encs . -- 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-: + * 6 0 CERTIFICATE OF COMPLIANCIP, WITH NOTICE REQUIREMENTS COMMUNITY FACILITIES DISTRICT NO. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly g and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such acco the notice requirements in connection with the referenced District, as noted: FILING Within three (3) days following the adoption of the Resolution establisl District, a certified copy of the proposed BOUNDARY MAP, showing the pari boundaries of the District, was filed in the .office of the Election Offici filing being accomplished on the -?/Stday of r~ AJtrflK Y , 1991. Within three (3) days followiny the adoption of the RESOLUTION DECLARING N TO INCUR BONDED INDEBTEDNESS, a certified copy was filed in the office Election Official: said filing being accomplished on the 3is-i- day of Tfidut 1991. PUBLICATION ( CARLSBAD JOURNAL ) The RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS was publishe week for two successive weeks in the legally designated newspaper: said pub1 being accomplished on the 7% day of &&&u..R/, 1991, and on the 1 of fifl&U&{ , 1991. EXECUTED this 25 *' day of 3- , i991, at Carlsbad, California. -dph CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA a 0 NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a Special Municipal Election Will be helc Community Facilities District No. 1 in the City of Carlsbad on Tuesday, May 7, 1991 the following measure: PROPOSITION A Shall the City of Carlsbad, Community Facilities District No. 1, County of San Diego, 1) incur a bonded indebtedness in an amount estimated to be $130,000,000, subject to inflation, to finance the installation of 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 office and warehouse facilities at the public safety center, and park street improvements in portions of Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain Road/Rancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities described as the La Costa Interchange, Poinsettia Lane Interchange and Palomar Airport Road Interchange, 2) levy special taxes to pay for said facilities and/or to pay for any authorized and issued bond indebtedness, and 3) establish an Article XIIIB appropriations limit equal to the maximum authorized special taxes which may be levied in any fiscal year? improvements designated as the Macario Canyon Park, major !q The polls will be open between the hours of 7:OO a.m. and 8:OO p.m. Lt&wL3!R& CITY CLERK OF THE CITY OF CARLSBAD, CALIFORNIA DATED: /dALuu+ B e?,/ I (I) 0 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Sun Diego Counb Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above ent I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general published weekly in the City of Carlsbad, County of San Diego, State of California, and whicl is published for the dissemination of locaI news and intelligence of a genera1 character newspaper at all times herein mentioned had and still has a bona fide subscription li! subscribers, and which newspaper has been established, printed and published at regular in1 said City of Carlsbad, County of San Diego, State of California, for a period exceeding on preceding the date of public notice hereinafter referred to; notice of which the annexed copy, has been published in and entire issue of said newsp in any supplement thereof 01 NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that DistrictNo. be held in 1intheCityofCarlsbad Community Facilities a Special Municipal Election will on Tuesday, May 7,1991 for the fol- lowing measures: l’ROPOSITlON A Shall the City ofcarlsbad, Commun- itg Facilities District No. I, County of btednessinanamount estzmatedto be $130,000,000, subject to inflation, to finance the installation ofpublic faei- lities genera& described as a neu, lib mry facility, a major addition to an ezisting library building, a City Hall and warehouse facilities at the public safety centv, andparkimpmvements designated as the Macario Canyon Park, major street impruvements in portions of Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain RoadlRancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities de- scribed as the La Costa Interchange, Poinsettia Lane Interchange and .Palomar Airport Road Interchange, 2) kvg~ special tazes to pay for said facilities ador to pay for any auth- rized and issued bond indebtedness, and 3) establish an Article XIlIB aKpropriationslimitequaltothemaz- imum authorized specidtaxes which may M levied in any fiscal year? the hours of 7:OO a.m. to800 p.m. ing dates, to-wit: San Dipso, 11 iwur a bonded inde- Februar: Februar. complez, and the addition of office I certify under penalty of pel foregoing is true and correct. Carlsbad, County of San Diego, fornia on the 21s day of YES- NO- Feu L CJ 5798. February 14.21 1991 - L J Clerk The polls will be open between ALETHA L. RAUTENKRANZ Rated February 8,1991 City Clerk of the City of Carlsbad, California e e Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above ent: I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general published weekly in the City of Carlsbad, County of San Diego, State of California, and whicl is published for the dissemination of locd news and intelligence of a genera1 character newspaper at all times herein mentioned had and still has a bona fide subscription li: subscribers, and which newspaper has been established, printed and published at regular in1 said City of Carlsbad, County of San Diego, State of California, for a period exceeding on preceding the date of public notice hereinafter referred to; notice of which the annexed copy, has been published in ( and entire issue of said newsp in any supplement thereof or ing dates, to-wit: NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that DistrictNo. 1 intheCityofCarlsbad lowing measures: Shall the Citg ofcarlsbad, Cmmun- San Diego, 1) incur a bonded inde- a Special Municipal Election will be held in Community Facilities on Tuesday, May 7,1991 for the fol- PROPOSITION A ity Facilities District No. 1, County of btedness in an amount estimated to be $130,000,000, subject to inmtion, to finance the installation of public faci- lities genemlly described as a new lib- rary facility, a major addition to an existing libme building, a City Hell complez, and the addition of ome and warehouse facilities at the public s4fety center, and park improvements designated as the Macario Canyon Park, major street improvements in portions ofFamday Avenue, Cannon Road, La Costa Avenue, Olivenhain RoadIRancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities de- s&d as the La Costa Interchange, Poinsettia Lane Interchange and 2) levy special tazes to pay for said rized and issued bond indebtedness, Februar Februaar Palomar Airpqrt Road Interchange, facilities ador to pay for any autho- hum authorized special taxes which I certify under penalty of pe: foregoing is true and correct. fornia on and apprOyriationsZim+tequd.tothenuzz- 3) establish an Article XlIIB Carlsbad, County of San Diego. may be levied in any fiscal year? the 31s YES- NO- day of Februar The-polls will be open between &/'J the hours of 7:M) a.m. to 800 p.m. ALETHA L. RAUTENKFLANZ City Clerk of the City of Carlsbad, California Dated: February 8,1991 CJ 5798: February 14.21 I991 Clerk e 0 LAW OFFICES BROWN, HARPER, BURNS 0 HENTSCHKE F. MACKENZIE BROWN* 12770 HIGH BLUFF DRIVE, SUITE 240 NEWPORT BEACH (71 SAN DIEGO. CALIFORNIA ’32130 LOS ANGELES 121: ALAN R. BURNS JOHN ROBERT HARPER’ DANIEL 5. HENTSCHKE (619) 456-1915 FAX 259-0292 ROBERT E. HESSELL OF COUNSEL JOSEPH J. HUGHES MICHAEL 8. MONTGOMERY. ‘A PROFESSIONAL CORPORATION February 19, 1991 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: COMMUNITY FACILITIES DISTRICT NO. 1 Dear Aletha: This letter is merely a followup to determine that the Resolution adopted public hearing relating to the bond indebtedness and the calling of the elect published as we previously discussed. Please note that that publication requ was an authorization of the Mello-Roos Community Facilities Act of 1982. I seek from your instructions you will also be publishing a NOTICE OF ELEC prepared by Martin & Chapman. But again I want to be assured that the Resolu previously discussed was also published so as to assure and guarantee con with the Community Facilities statute. Very truly yours, mm F. MACKENZIE BROWN FMB : bd __ February 8, 1991 F. Mackenzie Brown Brown, Harper, Burns & Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 RE: COMMUNITY FACILITIES DISTFUCT NO. 1 Enclosed for your information is a copy of the Calendar of Election Events for the SI Municipal Election to be held on May 7, 1991. The Calendar was prepared for us b election consultant, Paul Marshall of Martin & Chapman. Also enclosed is a copy of the Notice of Election which we have prepared in accorc with the instructions of Mr. Marshall, and which we will publish in the Carlsbad Jo on February 14, 1991 and February 21, 1991. If you need any additional information, or have any questions, please let us know. LxEii: Assistant City Clerk Encs. - 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434- a * Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Sun Diego Counb Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 4 i k, '< f i Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above ent I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general published weekly in the City of Carlsbad, County of San Diego, State of California, and whicl. is published for the dissemination of locaI news and intelIigence of a genera1 character newspaper at all times herein mentioned had and still has a bona fide subscription li! subscribers, and which newspaper has been established, printed and published at regular ini said City of Carlsbad, County of San Diego, State of California, for a period exceeding on preceding the date of public notice hereinafter referred to; IS!X * - 3' 9i -'-b < notice of which the annexed copy, has been published in I and entire issue of said newsp in any supplement thereof or ing dates, to-wit: --. * ~ -7. .v> .-.. _. 1. . < $_ ,*:.<- '.a 'i . .t. Februarj Fe br u a rj I* i I certify under penalty of pel foregoing is true and correct. Carlsbad, County of San Diego, fornia on the 14tl day of Febru ar; : 4 -R \ &$ 1% 5- % Clerk J, e 3J4s .-- be submitted to the qualified voters at a special election to be held on t 7TH DAY OF MAY, 1991, and said election shall be a special mailed bal: MEASURE TO BE VOTED ON NOTICE OF SPECIAL TAX AND BOND EMWI’ION election to be conducted by the city Clerk (hereinafter referred to “Election Official”). If the combined proposition for the levy of the spec NOTICE IS HEREBY GIVEN that the following measure is to be voted On tax and the incurring of the bonded indebtedness receiv the approval at the Special Election to be held in the City of Carlsbad, California, on more than two-thirds (as) ofthe votes cast on the propositiln, bonds may nesday, the 7th day of May, 1991. For particulars as to the ballot ProPosi- authorized, issued and sold for the purposes set forth hei,ein and the SI tion, please see the resolution included herein. cia1 tax may he levied as provided for in the Resolution bf Formation. SECTION 8. That the ballot proposal to be submitted to the qualifi voters at the election shall generally be as follows: Shall the City of Carlsbad, Community Facilities District No. 1, Count) San Diego, 1) incur a boniled indebtedness in an amount estimated to $13O,oOO,OOo, subject to inflation, to finance the installatiolj of public fac ties generally described as a new library facility, a maj+ addition to existinglib ilding, a City hall complex, and the addition of office a . . ’INDEBTEDNESS AND SUBMITTING A PROPOSITION TO THE warehouse es at the public safety center, and par! improveme designated as the Macario Canyon Park, major street improvements portions of Faraday Avenue, Cannon Road, La Costa Avehue, Olivenhi WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFOR-. RoadlRancho Santa Fe Road and Leucadia Boulevard, apd major bric has previously declared its intention and held and conducted a public Lane Interchange and Palomar Airport Road Interchang ? 2) levy spec . Dated:,February 1.1991 BALLOT ALETHA L. RAUTENKRANZ City Clerk City of Carlsbad PROPOSITION A State of California RESOLUTION NO. 91-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED QUALIFIED VOTERS OF A COMMUNITY FACILITIES DISTRICT NIA, (hereinafter referred to as the “legislative body ofthe local ~gency”), and overpass facilities described as the La Costa Interchange. Poinsel hearing relating to the issuance of bonds to be secured by special taxes to taxes to Pay for sald facllltles andlor to pay for any autho xed and ISS~ pay for certain public capital facilities in a community facilities district, as bond indebtedness, and 3) establish an Article XIIIB app opriatons 1i1 authorized pursuant to the terms and provisions of the “Mello-Boos Com- equalto the maximum authorized special taxes which ma j #be levied in i munity Facilities Act of 1982,” beingChapterZd.Part1, Division2,TitleJof fiscal Year? the Government Code of the State of California, said Community Facilities YES0 NO0 District shall hereinafter be referred to as COMMUNITY FACILITIES DIS- The rate and method Of apportionment of the speciaLta8 shall genera TRICT NO. 1 (hereinafter referred to as the “District”); and, be as follows: WHEREAS, at this time this legislative body is desirous to proceed to PROPERTY CATEGORIES AND mximum TAX make the necessary findings to incur the bonded indebtedness, to declare All taxable Property within the boundaries Ofthe COm ‘unity Faciliti the purpose for said debt, and to authorize the submittal of a combined District shall be subject to ANNUAL SPECIAL TAXE? as applicab proposition to the voters of said District, being the landowners of the based upon the Property categories, maximum tax rated, increases a proposed District, all as authorized and required by law; and, status of the issuance of building permits, all as hereihafter set for WHEREAS, a special election is to be held in the City of Carlsbad, Cali- Improvement Area I refers to all properties within the boundaries oft fornia, (hereinafter referred to as the “local Agency”), at which timethere city of Carlsbad Bridge and Thoroughfare District. Improdpent Area I1 will be submitted to the qualified electors of said District certain proposi- for all remaining properties within the Community Facilities District, I tions relatingto the authorization to levy a special tax and the incurringofa within the Bridge & Thoroughfare District. bonded indebtedness in order to pay for certain capital facilities to serve the District, pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982,” as referenced above. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED CROPERTY All taxable property prior to the issuance of a building,permit shall subject to the following maximum annual special taxes, subject to creases as set forth herein: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this legislative body hereby expressly declares and RECITALS NECESSITY FOR BOND ISSUE MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERF PER DEVELOPABLE ACRE FOR FISCAL YEAR $990/1991 Impmement Improueme? states that it is necessary to incur a bonded indebtedness as a under the terms and provisions of the “Mello-Roos Community Residential Low $ 281.00 $ 277A 772.00 760.( PURPOSE OF BOND ISSUE Residential Medium to High 1,984.00 1,888.1 S 3. That the purpose for the proposed bonded indehtedness and Residential High 2,793.00 2,739.1 generally described as follows: Upon the issuance of a building permit, all Residential properties sh I. Public facilities generally described as a new library facility, a major be subject to the following described SPECIAL DEVELOPMENT TAX addition to an existing library building, a City Hall complex, and the addi- ONE TIME, also subject to increases as set forth herein, as follows: tion of offce and.warehouse facilities at the public safety center. MAXIMUM ANNUAL DEVELOPmNT TAX - ONE’TIME PER 11. Park improvements generally designated as the MACARIO CANYON RESIDENTIAL DWELLING.UNIT FOR FISCAL YE& 1990/1991 PARK. Improvement Improvm 111. Major street improvements in portions of the following designated Area I Area I1 Property Category Area I Area I1 Act of 1982,” in orderto finance the below described public capital facili- Residential Low to Medium ties, Residential Medium 1,294.00 121n fac oposed to be financed through the issuance of said bonds, is SPECIAL DEVELQPMENTTAX-ONE TME Property Category public streets; FARADAY AVENUE, CANNON ROAD, LA COSTA AVE- Residential LOW $4,452.00 $3,835. NUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD and LEUCADIA Residential Low to Medium 4,452.00 -3,835. BOULEVARD. Residential Medium 2,810.00 2,312) 2,810.00 2,312) COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALO- Residential High 2,810.00 2,312) MAR AIRPORT ROAD INTERCHANGE. COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial andIndustrialProperty prior tothe issuance a building permit shall be subject to the following maximum annual spec taxes, also subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERT! PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 Impmuement Improuemer Area I Area II IV. Major bridge and overpass facilities generally described as the LA Residential Medium to High BOUNDARIES OF DISTRICT SECTION 4. That the whole of the District will pay for the above- referenced bonded indebtedness. A general description ofthe District is as follows: All property within the boundaries of COMMUNITY FACILITIES DIS- TRICT NO. 1, as shown on a map as previously approved by this legislative body, said map designated by the name of this Community Facilities Dis- trict, a copy of which is on file in,the office of the City Clerk BOND AMOUNT Commercial Property $2,400.00 $1,600.( SECTION 5. That the amount of the proposed bonded indebtedness, in- Industrial Property 1,200.00 960s eluding the cost of the facilities, together with all incidental expenses, kaiCultUra1 Property 0 0 contingencies and financing costs is generally estimated to be: Said costs.are represented in current dollars and are subject to escala- All Commercial and Industrial Property, upon the issuance of a build. permit, shall have the option to (1) pay the SPECIAL DEVELOPMENT T, - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOP PROPERTY for a period of notto eitceed twenty-five (%)yeprs, genehllj $13O,OOO,oOO.00. tion to provide for increases for future phases of construction. BOND TERMS the amounts per property category as follows: ’ SECTION 6. That it is hereby further determined that bonds shall be issued and the maximum term of bonds and/or any series shall not exceed forty (40) years, and said bonds may be issued in differing series, at differ- ingtimes. The maximum rate of interest to be paid on said bonds shall not exceed the greater of either twelve percent (1%) per annum or the max- imum rate permitted by law at the time of sale of any of said bonds. The interest on said bonds shall be payable semi-annually, and the principal on said bonds shall be paid annually, with all payments being made to the registered owner of said bonds, as authorized by law. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax, and are not secured by any other taxing power or funds of the Community Facilities District or the City. MAXIMUM spEcIAL DEVELOPhlENT TP;X - ONE mE FOR FISCAL yEAR lh,91 PER sQUARE FOOT OF BUI~mG AREA PRoPERTY CATEGoRY Improuement Improueme? comme7eial vse Designations $28.46 $ 7.! 28.14 7.: Restatwant - Fast Food 27.31 6.’ Outdoor Tennis courts 18.06 5.’ Convenience Market 17.51 ’ & Bank with Drive-thru 15.17 4. Campground Restaurant - Sit Down Marina 14.85 4.. 12.83 4.1 8.11 2.1 ELECTION Bank - Walk In Auto - Gasoline debtedness shall be consolidated with the proposition relating to the levy Grocery Store 7.78 22 of the special tax, shall be combined into one ballot proposition, and shall S & L with Drive-thru 7.59 3.. Area I Area I1 SECTION I. The proposition related to the incurring of the bonded in- Bowling Center 6.63 2.83 facilities. FIRST: Reduce this amount by the ands collected from Special Restaurant - Quality Development Tax- One Time and annual Special Tax - Developed Prop- Neighborhood Shopping Center 6.48 2.27 erty lend against commercial and industnal prope~es. SECOND. Levy Auto Car Wash 6.31 2.52 the annual Special Tax - Undeveloped Property on undeveloped taxable S&L-WalkIn 5.51 3.03 commercial and industrial acre+e in the proportional amounts for each Race Track 5.10 2.33 property category as required, npt to exceed the maximum tax. Library 4.25 2.86 , VOTE Community Shopping Center 4.24 1.80 SECTION 9. That the appropriate mark placed in the voting square after Hospital -General 3.88 3.18 the word “YES” shall be counted in favor ofthe adoption ofthe proposition, Hotel - Conv. Fac/Comm. 3.47 2.52 and the appropriate mark placed in the voting square after the word “NO’ Auto - Repair & Sales 3.41 1.58 inthe manner as authorized, shall be counted against the adoption of said 1.61 Proposition. Regional Shopping Center 3.35 Discount Store 3.22 1.58 ARGUMENTS Golf Course 3.06 2.14 SECTION 10. Arguments may be filed for and/or against the ballot mea Church 2.99 1.94 sure,andtheElec~onOfficialshallselectoneoftheargumentsinfavorand Office - Government 2.93 1.88 one of the arguments against the nieasure for printing and distribution. The Commercial Shops 2.90 1.58 Election Official shall give preference and priority in the following sequ Health Club 2.89 1.85 ence: Motel 2.69 2.06 A. The legislative body or any member thereof as authorized; Office -High Rise 1.84 B. Individual property owners or bona fide association of property own Office - Commercial, lOO,OOO SF 1.75 ers or combinations of property owners and associations who are the boni Lumbermardware Store 2.47 1.58 fide sponsors or proponents of the measure; Office - Medical 2.42 2.07 C. Bona fide associations of property owners; Hospital -Convalescent D. Individual property owners who are eligible to vote on the measure Indoor Sports Arena 2.33 2.23 DEADLJNE FOR FILJNG ARGUMENTS Resort Hotel SECTION 11. That notice is hereby given that written arguments, nit tc University 2.25 1.91 exceed three hundred (300) words in length, for or against the measure Junior College shall be filed not later than 5:OO hM. on February 19,1991, at the Office 0 All other Commercial Properties the Election Official. That any argument submitted for or against the measure shall be accom panied by a statement set forth in Section 5350 ofthe Elections Code, signeo SECTION 12. That if any person submits an argument against the com- bined ballot proposition as set forth herein, and an argument has been filed in favor of the combined proposition, the Election Official shall then im mediately send a copy of that argument to the person filing the argument in favor of said combined ballot proposition. The person filing the argumeni in favor of the combined ballot proposition may prepare and submit i rebuttal argument nottoexceed two hundredfifty(250) words TheElectior oficial shall then send copies of the argument in favor of the ballot prop argument in favor of the combined ballot proposition, such rebuttal arm ANNUAL TAX INCREASE ment not to exceed two hundred ffty (250) words. The rebuttal arguGen3 The above SPECIAL TAXES forthe taxable properties are applicable for shall be filed with the Election Ofticial not more than ten (10) days after.thc the fiscal year 1990i91, and are all subject to annual increases to reflect final date for filings the direct argument. Rebuttal arguments shall. bc increases in constructioncosts. The ConstructionCostIndexof the Engmer- printed in the same manner as direct arguments and each rebuttal apgu nng News-Recoml, titled “ENR Cost Indexes in 22 Cities” will be used. The ment shall immediately follow the direct argument which it seeks to rebut Index published forthe monthofAprilfortheCityofLos Angelesunderthe Thisright ofrebuttal, as provided bythisResolution, is applicable only tc column heading of “Percentage Change fiom Last Year‘’ will annually the ballot proposition relating to this Community Facilities District, ant inflate each of the Maximum Annual Taxes for each year for properties as shall not apply to any future District elections. follows: IMPARTIAL ANALYSIS A. PROPERTIES WITHIN THE DISTRICT Not to exceed 5o!?h of the SECTION 14 That City Attorney is hereby directed to prepare an impar above-referenced increase.. tial analysis on the combined ballot proposition and file it with the Elec B. PROPZRTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed tiOn Ofticial. Such analysis shall show the effect ot the proposition on thi 1Wo of the above-referenced increase until annexed. existing law and the general operation of the proposed ballot proposition TERM OF TAX The above taxes shall be levied until all bonds have been discharged and ELECTION PROCEDURE facilities hnded an~or guaranteed, and the SPEC^ DEVELO~MENT SECPION 15. The Election Official is hereby authorized to take any an< TU-ONE TI- has been paid; however, themNUAL SPEWTAX- all steps necessary for the holding of said election. Said Election Offici& DEVELOPED PROPERTY shall not be levied for a period in exeeSS of shall perform and render all services and proceedings incidental to an( twenty-five (25) years per parcel. I connected with the conduct of said election, and said services shall in Reszdentzal: elude, but not be limited to the following activities as are appropriate tothi Once a building permit has been issued for Residential property and the subject e1ection: SPECIAL DEVELOPMENT TAX- ONE TIME has been paid, the property pl~s~~~~c~n~~~o~~~~~~c~~ officers necessary e1ection sup no longer will be subject to any annual special tax. Commed & Industrial: B. Cause to be printed the requisite number of official ballots, talle: sheets and Other necessary fmn~. ing permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX- th~~~~~~~~~~~~~~~~~~~~l ballotstothe qualified e1ectors Of ONE TIME or (2) assume-the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. upon the issuance of any building pernit, D. Causethe Official ballots tobe mailed andlor delivered, as required bj no further increase or escalation is authorized. 6.57 3.09 267 2.56 2.33 2.30 2.19 2.14 2.23 1.98 1.90 1.44 Impnnwment Impnnwment 1.51 1.42 not identified above Induptrial Use Designatums Area I Area 11 and completed by the author of guch argument. Heliports $ 10.63 $ 3.67 REBUTTAL ARGUMENTS Industrial-Commercia1 Business Park All other Industrial Properties 2.14 1.74 not identified above OR, IN TEE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fis- ea1 Year shall not exceed 13.81% of the authorized “Maximum Special Development Tax- One Time” for the various Commercial and Industrial annually adjusted for each hscal Year. Property categories as set forth above in the amount applicable and osition, who then may prepare and submit a rebuttal argument to thc The Commercial and Industrial properties, upon the issuance of a build- law. ALLOCATION OF COST AND TAX E. Receive the returns of the election and supplies. Total caplttill Costs for all authorized faclllties shall be allmated as fol- F. sort and assemble the electlon materlal and supplies In preparatlor lows: 65?’c to Residential property, 35% to Commercial & Industrial proper- ty. The above costs exclude costs of issuance as needed. hailk taxed in an amountsufficienttoqneetthe65% ich tax will include costs of issuance, Interest and sin~ng fund paments for future cons~ction as applicable. corn- & 1nduptame7ty shall be taxed in an amount suffieient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, icluding sinking fund payments for future con- struetion as applicable. COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond service, replenish reserve, call bonds, pay bonds and Community Fac District NO. 1 administrative costs, and pay for public capital facilities. FIRST Iteduce this amount by the hnds co11ected from Specid deve1opment Tax -0neTimeleviedagainstresidentialproperties. SECOND: The remaining funds needed are to be collected by the levy ofthe annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts for each property category as required, not to exceed the maximum authorized tax. commercicll and Ind&rial: ATTEST Determine monies necessary to make payment on bond replenish reserve, call bonds, pay bonds and Community Fac No. 1 administrative costs, and pay for current or future public capital for the canvassing ofthe returns- G. Canvass the returns of the election. H. Fumsh a tabulation of the number of votes given in the election. 1. Make all arrangements and take the necessary steps to pay all costs o the election incurred as result of services performed by the District anc pay costs and ecpenses of all election officials. J. Conduct and handle all other matters relating to the proceedings an( conduct of the election in the manner and form as required by law. NOTICE SECTION 17. That the City Clerk is hereby ordered to certify to the Passage ofthis Resolution and shall cause this Resolution to be publishec Once a week for two successive weeks in the CARLSBAD JOURNAL. This Resolution shall constitute the notice of the special bond election an( authorization to levy a swcial tax, PASSED, APPROVED AND ADOPTED by the city council ofthe city o Carlsbad at its special meeting held on the 29th day ofJanuary, 1991, by tht following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaarc NOES: N~~~ ABSENT N~~~ , L RAUTENKRANZ, City Clerk CLAUDE A. LEWIS, Mayor CJ 5775 February 1, 14,1991 February 7, 1991 Martin & Chapman 1951 Wright Circle Anaheim, CA 92806-6028 Attn: Paul Marshall Re: Election - Community Facilities District No. 1 Per our telephone conversation this date, enclosed for your information are copies ( following documents which were furnished to our office by F, Mackenzie Brown: 1. Letter from Mac Brown to Jim Elliott Finance Director, dated February 1, 15 2. Instruction Sheet for Special Mail Ballot Election 3. Measure to be voted on (publication) 4. Cover letter from City Clerk 5. Instructions to Landowners 6. Official Ballot 7. City Attorney’s Impartial Analysis 8. Bond Issue Statement 9. Voter Identification Certificate 10. Certificate of Compliance Thanks again for your help, and let us know if you need any additional informatio: &J& Assistant City Clerk Encs. - 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434 February 28, 1991 Mr. Paul Marshall Martin & Chapman 1951 Wright Circle Anaheim, CA 92806-6028 RE: COMMUNITY FACILITIES DISTRICT NO. 1 ELECTION Per our discussion on the telephone yesterday, 1 have enclosed the corrected proof c kforrnation pamphlet which will be sent to the landowner/voters in the above refer< election. I have also placed a call to Mac Brown’s Office to inquire about the letter to the lando and his receipt and return of his proofs. I’ll let you know as soon as I hear anythir Thanks again for your help, and please call me if you have any questions. &-hg* City Clerk LR Enc. 1200 Carlsbad Village Drive - Carlsbad, California 92008 * (619) 434- MARTIN & CHAPMAN CO. 1951 WRIGHT CIRCLE, ANAHEIM, CA 92806 (714) 939-9866 FAX 939-9870 PLEASE RETAIN THIS PROOF FOR YOUR FILES PROOFS HAVE ALSO BEEN SENT TO: El CITYCLERK 0 CITY ATTORNEY E- - Commercial and Industrial: 0 I I 0 CITY OF CARLSBAD 1 DeYermine monies necessary to make payment on bonds and Community Facilities District No. 1 public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable commercial and industrial acreage in the proportional amounts for each property category as required, not to exceed the maximum tax. I following steps. bond debt service, replenish reserve, call bonds, pay administrative costs, and pay for current or future COMMUNITY FACILITIES DISTRIC1 SPECIAL MAILED BALLOT ELEC1 MAY 7,1991 INSTRUCTIONS TO LANDOWNER C In order to exercise your right as a qualifi Community Facilities District No. 1 in th special mailed ballot election, you mu! Property levied against commercial and industrial I l i i I 1. To vote on the measure, mark i word "No" on the enclosed offici Detach the stub in the upper le and keep as your receipt. 3. Fold and insert the Official B enclosed Ballot Envelope@ Envelop e. 4. Complete the required inforn enclosed Voter Identification Cf sign and execute the Certif ! 1 I provided. It is essential that I h be completed and signed in I F I vote to be counted. The pi document is to ensure that I casting a vote had the authoril i behalf of the owner of the propi vote. I Place the Voter Identification C the sealed Ballot Envelope intc self-addressed return envelopc envelope by mail or in persc b d 500 .m. on Election day, YOU MAY VOTE AND/OR TURN IN Yl BALLOT TO: I the square after the word "Yes' 2. t I 1 I ' 5. I Cl+ o be valid, Ballots mu i PO MARKS ARE NOT ACCEI % 7 TtQO I ALETHA RAUTENKRANZ, ClTy 1200 CARLSBAD VILIAGE D1 CARLSBAD, CALIFORNIA 92 CITY OF CARLSBAD i LOST, SPOILED OR DAMAGED BALLOT ! I If you have lost, spoiled or damagi please call the City Clerk at (619) information. I 1 1 1 'r--...-.. ..... ..-. C.-..3-..- ... 1 - construct theeposed capital facilities, incur bonded indeb dness, or levy any special Approval of the Proposition, however, will grant p and authorization to the City to undertake the pr upon completion of additional actions, includinc not limited to, final project design, etc. WLTai3 yII . -, IVII..L. ~IM~H~II CITYOF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 The City Council of the City of Carlsbad, California, has undertaken proceedings and taken action to form a Community Facilities District pursuant to the "Mello- Roos Community Facilities Act of 1982" (referred to as The above statement is an impartial analysis o the "Act"), said Community Facilities District known Ballot Proposition. If you desire a copy of and designated as COMMUNITY FACILITIES i Bailot Proposition, please call the City Cler DISTRICT NO. 1 (hereinafter referred to as the (619) 434-2808, and a copy will be mailed a "District"). A Community Facilities District is established for the purpose of carrying on specific activities within a definite area of service. The specific activities proposed for this District are the financing of major public capital facilities, as set forth in the Ballot Proposition. No other facilities or services are I BOND ISSUE STATEMENT authorized to be carried on by this District. The City has also declared the necessity to incur a 1 bonded indebtedness as authorized by that Act, to pay 1 for said proposed public capital facilities described in I the Ballot Proposition. This bonded indebtedness I shall not exceed $130,000,000. The total amount of the bonds which the City actually issues may be less than this amount. The City has further determined that any bonds shall be serial bonds and generally mature over a period not to exceed forty (40) years. The bonds may be issued 1 Facilities District known and designated in differing series, at differing times, and the maximum rate of interest to be paid on the bonds shall not exceed the greater of either 12% per annum or the maximum legal rate at the time of any sale. The City has also proposed the authorization for a special tax to be levied annually within the District boundaries to pay for the costs of the facilities, as well as to pay for the annual installments for debt service on any issued bonds. The proposed rate and method Of apportionment of the special tax is also set forth in the Ballot Proposition. The annual levy of the special tax may not exceed the rate as set forth in the Ballot Proposition; however, the City may levy the special tax af a lower rate. The proceeds of the special tax may only be used to pay the costs of the authorized facilities, and/or debt service as applicable on any authorized bonded indebtedness. A special tax may continue to be levied no longer than is necessary to pay for the principal and interest for any such bonds issued. The bonds will not be secured by any taxing power or funds of the City, although contributions from lawful sources may be available in certain cases. Approval of the Ballot Proposition must occur before the City may either issue any bonds and/or levy the special tax. In order for the Proposition to be approved, 2/3rds of the vote cast on the Proposition must be cast in favor of the City incurring the bonded indebtedness and levying the special tax. In this District the vote will be by landowners, one (1) vote per * ' I ' I cost to you. CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 I As shown on the enclosed official ballot, a special ballot election is being conducted by the City Cler the City of Carlsbad, California, pertaining to proposed issuance of bonds for a Commu Facilities District formed pursuant to the "Mello-R Community Facilities Act of 1982", said Commu COMMUNITY FACILITIES DISTRICT NO. 1 (herein; referred to as the "Distri This election will be conducted on the 7th day of hi 1991, at which time the qualified voters of the Dis' shall be asked whether or not the District shall inci bonded indebtedness in an amount not to excc $130,000,000 in 1991 dollars to finance certain pul facilities as specified in the ballot proposition. The r of interest on said bonds shall not exceed twe percent (12%) per annum or the maximum r permitted by law at the time of sale of any of the bonc If such bonds are authorized and sold, the principa and interest on the bonds will be payable from proceeds of special tax levies, which are describec the ballot proposition. The best estimate from official sources of the tax r which would be required to be levied to fund the bc issue during (a) the first fiscal year after the first sal6 bonds, and (b) the fiscal year after the last sale bonds, and (c) the highest tax rate which would required to be levied is generally as set forth in t taxing formula as attached herein, referenced and incorporated. Inasmuch as the timing of the issuance of bonds a the actual rate of the special tax necessary to sect 1 the bonded indebtedness is dependent up development within the District, no estimates i i available as to the year in which the highest tax Ti t 1 i i I i i I 1 ; ' 7!9 I acre or portion thereof. will apply. __-_-- --- i --- ---___I__- ~ - __-___ -- -- +. V. ...- * Y I.... -I I I In-,.. ,313 con: 2 the proposed capital fac bondtJ indebtedness, or levy any Approval of the Fropositlon, however, u and authorization to the City to undertz upon completion of additional actions, not limited to, final project design, etc. CITY OF CAR',SBAD COMMUNITY FACILITIES DISTRICT NO. 7 The City Council of the City of Carlsbad, California, has undertaken proceedings and taken action to form a Community Facilities District pursuant to the "Mello- Roos Community Facilities Act of 1982" (referred to as The above statement is an impartial i the "Act"), said Community Facilities District known Ballot Proposition . -If-qrou--dW and designated as COMMUNITY FACILITIES Ballot ProposZ~e~IFth- DISTRICT NO. 7 (hereinafter referred to as the (61~43G2€H3G3~-a-cwpy-Mt-i3e A Community Facilities District is established for the purpose of carrying on specific activities within a definite area of service. The specific activities proposed for this District are the financing of major public capital facilities, as set forth in the Ballot Proposition. No other facilities or services are authorized to be carried on by this District. The City has also declared the necessity to incur a bonded indebtedness as authorized by that Act, to pay for said proposed public capital facilities described in COMMUNITY FACILITIES DISTRIC the Ballot Proposition. This bonded indebtedness shall not exceed $f30,000,000. The total amount of As shown on the enclosed official ballot, the bonds which the City actually issues may be less ballot election is being conducted by the than this amount. the City of Carlsbad, California, pertz proposed issuance of bonds for a The City has further determined that any bonds shall Facilities District formed pursuant to thc be serial bonds and generally mature over a period not , Community Facilities Act of 1982", saic to exceed forty (40) years. The bonds may be issued , Facilities District known and de in differing series, at differing times, and the maximum i COMMUNITY FACILITIES DISTRICT NO. rate of interest to be paid on the bonds shall not i \ referred to as the "District"). exceed the greater of either 12% per annum or the i This election will be conducted on the 71 maximum legal rate at the time of any sale. The City has also proposed the authorization for a 1991, at which time the qualified voters special tax to be levied annually within the District shall be asked whether or not the Distric boundaries to pay for the costs of the facilities, as well bonded indebtedness in an amount n as to pay for the annual installments for debt service $130,000,000 in 1991 dollars to finance 1 on any issued bonds. The proposed rate and method facilities as specified in the ballot propos? of apportionment of the special tax is also set forth in of interest on said bonds shall not e: the Ballot Proposition. The annual levy of the special I percent (12%) per annum or the m tax may not exceed the rate as set forth in the Ballot permitted by law at the time of sale of any If such bonds are authorized and sold, tf Proposition; however, the City may levy the special tax and interest on the bonds will be pay; at a lower rate. The proceeds of the special tax may only be used to proceeds of special tax levies, which are pay the costs of the authorized facilities, and/or debt the ballot proposition. service as applicable on any authorized bonded indebtedness. A special tax may continue to be levied The best estimate from official sources ( no longer than is necessary to pay for the principal and which would be required to be levied to f interest for any such bonds issued. The bonds will not issue during (a) the first fiscal year after ti be secured by any taxing power or funds of the City, bonds, and (b) the fiscal year after the although contributions from lawful sources may be bonds, and (c) the highest tax rate whi available in certain cases. required to be levied is generally as se Approval of the Ballot Proposition must occur before taxing formula as attached herein, refere the city may either issue any bonds and/or levy the incorporated. special tax. In order for the Proposition to be inasmuch as the timing of the issuance approved, 2/3rds of the vote cast on the Proposition the actual rate of the special tax necess must be cast in favor of the City incurring the bonded the bonded indebtedness is depe indebtedness and levying the special tax. In this development within the District, no e District the vote will be by landowners, one (1) vote per available as to the year in which the his acre or portion thereof. will apply. 1 'I District ") . c_ost-toysth-- BOND ISSUE STATEMENT CIN OF CARLSBAD 1 : I , , ; I [ ' t !% - -- --- _- ______ I -_____ - - . - - . . - - _._- --- -- - - - - - . ___ - .___ RCIAL, INDUSTRIAL e i ""!SI A THER PROPERTY 1 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHl B IT "A" PROPERTY CATEGORIES AND MAXIMUM TAX ANNUAL SPECIALTAX - UNDEVELOPED All taxable Commercial and Industrial Pro1 the issuance of a building permit shall t All taxable property within the boundaries of the I the following maximum annual special Community Facilities District shall be subject to ' subject to increases as set forth herein: ANNUAL SPECIAL TAXES as applicable, based upon the property categories, maximum tax rates, increases \MAXIMUM ANNUAL SPECIAL TAX - UNI and status of the issuance of building permits, all as hereinafter set forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remainhg properties within the Community Facilities District, not within the Bridge &Thoroughfare District. t 1 ~Z%G~OPABLE ACRE FOR Fi a 1 90/1991 IMPROVEMEN - bb i AREA I Commercial Property $ 2,400.00 RESIDENTIAL PROPERTY t Industrial Property 1,200.00 i UAL SPECIALTAX - UNDEVELOPED PROPERTY Agricultural Property -0- i All Commercial and Industrial Property, uf of a building permit, shall have the optic SPECIAL DEVELOPMENT TAX - ONE TIM the ANNUAL SPECIAL TAX - DEVELOPED period of not to exceed twenty-five (25) yc the amounts per property category as folio\ I MAXIMUM SPECIAL DEVELOPMENT TAX \ FlSCAL IMPROVEMENT 1 &990/91 PER SQUARE FOOT OF B a taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: 1 AXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED ++@Em& PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 a IMPROVEMENT PROPERTY CATEGORY \ AREA II 4.k. PROPERTY CATEGORY AREA I 772 00 760200 1,294.90 1,217.qO 1,868.pO Residential Low Residential Low to Medium Residential Medium Residential Medium to High 1,984.!0 Residential High 2,793.90 2,739fO - 0 1 Restaurant - Fast Food p"h 1 Outdoor Tennis Courts IMPROVEMENT ++ COMMERCIAL USE DESIGNATION AREA I 28.46 28.14 27.31 18.06 17.51 15.1 7 14.85 12.83 I \ $ 277'00 t $ 281P Convenience Market Bank with Drivethru Campground Restaurant -SiDown Jz-4 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to . Auto - Gasoline 8.1 1 increases as set forth herein, as follows: 4 Grocery Store 7.78 I S & L with Drive-thru 7.59 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER 1990/1991 i 1 Marina I Bank -Walk In Bowling Center 6.63 6.57 Neighborhood Shopping Center Auto Car Wash S & L -Walk In I Restaurant - ~"~lity ;I; f-- RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR ' Race Track IMPROVEMENT Library IMPROVEMENT 1 Community Shopping Center 4.24 1 Hospital - General 3.88 1 AREA II * AREA I - PROPERTY CATEGORY Residential Low $ 4,452.00 $ 3,835.00 I ! Residential Low to Medium 4,452.00 3,835.00 Residential Medium to High 2,ai 0.00 2,312.00 Residential High 2,810.00 2.31 2.00 Residential Medium 2,810.00 2,312.00 I 1 1 I i I I subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enaineerina News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually inflate each of other costs, including sinking fund payments for fut construction as applicable. COLLECTION OF ANNUALTAX Residential: lh! PROVEMENT IMPROVEMENT TERM OF TAX COMMERCIAL USE DESIGNATIONS AREA I AREA II Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 The above taxes shall be levied until Discount Store 3.22 1.58 been discharged and facilities f 3.06 2.1 4 guaranteed, and the SPECIAL DEVEL( Golf Course Church 2.99 1.94 ONE TIME has been paid; however Office - Government 2.93 1 .E8 Commercial Shops 2.90 1 .Sa SPECIAL TAX - DEVELOPED PROPER Health Club 2.89 1 .E5 levied for a period in excess of twenb Motel 2.69 2.06 Ofke - Commercial, 100.000 SF 2.56 1.75 Lurnbedtfardware Store 2.47 I .58 Residential: Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Once a bui;lding permit has bet Residential property and the SPECIAL 1 Indoor Sports Arena 2.33 2.23 TAX - ONE TIME has been paid, the prc Resort Hotel 2.30 1.98 University 2.26 I .91 Junior College 2.1 9 1.90 will be subject to any annual special tax All Other Commercial Properties 2.1 4 1.44 Ofice - High Rise 2.67 1.84 per parcel, not identified above Commercial 8: Industrial: IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA II The Commercial and Industrial propc issuance of a. building permit, have tl Industrial-Commercial Business pay the SPECIAL DEVELOPMENT TN Park 2.14 1.51 j (2) assume the ANNUAL SPECIAL TA: PROPERN, as set forth above. Upon not identified above 1.74 1.42 i any building permit, no further increa ALLOCATION OF COST AN Total capital costs for all authorized f allocated as follows: 65% to Residenti to Commercial & Industrial property. . exclude costs of issuance as needed. Residential prooertv shall be taxed sufficient to rneet the 65% share of fac will include costs of issuance, interest including sinking fund paymen construction as applicable. Commercial & Industrial Drooertv sha amount sufficient to meet the 35% s which tax will include costs of issuar other costs, Includ:ng sinking fund pa! construction as applicable. Heliports $ 10.63 $ 3.67 I All other Industrial Properties is authorized, I OR, IN THE ALTERNATE, ANNUAL SPECIALTAX I 1 The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year shall not exceed 13.81% f of the authorized "Maximum Special Development j I I Tax - One Time" for the various Commercial and , I Industrial Property categories as set forth above in i the amount applicable and annually adjusted for each ' 1 j Fiscal Year. I ANNUAL TAX INCREASE t The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all construction costs. The Construction Cost Index of the EnQineerinQ News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index I . published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually infiate each of 1 the Maximum Annual Taxes for each year for 1 properties as follows: A. PROPERTIES WITHIN ME DISTRICT: Not to bonds and Community Facilities COLLECTION OF ANNUAL I subject to annual increases to reflect increases in I Residential: Determine monies necessary to ma bond debt service, replenish reserve, administrative costs, and pay for facilities. FIRST: Reduce this amou B. PROPERTIES TO BE SUBSEQUENTLY collected frorn Special Development levied against residential properties. remaining funds needed are to be c levy of the annual Special Tax - Undev proportional amounts for each prop€ exceed 50% of the above-referenced increase. j ! : i i on undevelolped taxable residential 1 ANNEXED: Not to exceed 100% of the above- referenced increase until annexed. I required, not to exceed the maximum : ! Reference No. .............................. (Material above line for office use only) (ENCLOSE VOTED BALLOT ONLY IN THiS ENVELOPE. SIGN, FILL IN REQUESTED INFORMATION, SEAL AND MAIL OR RETURN IN PERSON.) FAILURE TO COMPLETE THE INFORMATION BELOW WILL INVALIDATE YOUR BALLOT. OFFICIAL BALLOT ENCLOSED TO BE OPENED ONLY BY CANVASSING BOARD IDENTIFICATION ENVELOPE State of California ) ss. County of ................................ ss. The undersigned has voted the enclosed ballot and certifies under penalty of perjury that she/he is authorized 10 vote said ballot. * (Voter’s Signature) (Print Name) (Residence Address) d (Corporate Name and Title, if Applicable) d (Date of Signing) NOTICE: When voting outside the office in which this ballot was issued, you must immediately return it by mail, or in person, to the officer from whom it was received . If you have spoiled this ballot arzd wish another sent to you, enclose the spoiled ballot and place a check mark in the adjacent box in order that the original material can be maked void. You cannot be sent a replacement ballot until the original one is returned or an affidavit is executed stating the first ballot is lost. Elections Code Section 1009 (f) states that voting twice constitutes a crime. [li For LAITDOWNER 1 REGISTERED VOTER ELECTIOh’ 0 0 Tear off this stub before returning 1. ' ballot in the Return/Identification I MARK CROSS (+) ON BALLOT BALLOTS MAY BE MARKED WITH envelope. I I I I I Number of Votes Entitled to be Cast: I PEN AND INK OR PENCIL I HAVE VOTED-HAVE YOU? OFFICIAL BALLOT SPECIAL MAILED BALLOT ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 LANDOWNER ELECTION MAY 7, 1991 INSTRUCTIONS TO VOTERS To vote on any measure, mark a cross (+) in the voting square after the WOI or after the word "NO." All marks, except the cross (+) are forbiddei distinguishing marks or erasures are forbidden and make the ballot void. wrongly mark, tear or deface this ballot, call the City Clerk at (619) 434- obtain a second ballot. MEASURE SUBMITTED TO VOTE OF VOTERS PROPOSITION A Shall the City of Carlsbad, Community Facilities District No. 1, County of San Diego, 1) incur a bonded indebtedness in an amount estimated to be $130,000,000, subject to inflation, to finance the installation of public facili- ties generally described as a new library facility, a major addition to an existing library building, a City facilities at the public safety center, ang park I I I YES I Hall complex, and the addition of office and warehouse - 1 I I NO I street improvements in portions of Faraday Avenue, Cannon L improvements designated as the Macario Canyon Park, major Road, La Costa Avenue, Olivenhain Road/Rancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities described as the La Costa Interchange, Poinsettia Lane Interchange and Palomar Airport Road Interchange, 2) levy special taxes to pay for said facilities and/or to pay for any authorized and issued bond indebtedness, and 3) establish an Article XIIIB appropriations limit equal to the maximum authorized special taxes which may be levied in any fiscal year? r 0 e The rate and method of apportionment. of .the special tax shall generall: follows: PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries Of the Community Facilities 1 shall be subject to ANNUAL SPECIAL TAXES as applicable, based upon the categories, maximum tax rates, increases and status of the issuance of permits, all as hereinafter set forth. Improvement Area I refers to all pr within the boundaries of the City of Carlsbad Bridge and Thoroughfare D Improvement Area I1 is €or all remaining properties within the Community Fa District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERW ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be SUI the following maximum annual special taxes, subject to increases as SE herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT . IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1 , 294.00 1 , 217.00 Residential Medium to High 1,984.00 1 , 868 .OO Residential High 2,793.00 2,739 .OO SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also suk increases as set forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 . 2 , 312.00 Residential High 2 , 810.00 2 , 312.00 e 0 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a I permit shall be subject to the following maximum annual special taxes, also to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA I1 Commercial Property $ 2,400.00 $ 1,600,OO Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a building shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to twenty-five (25) years, generally in the amounts per property category as foll MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank - Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 . 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 . 2.52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 Library 4.26 2.86 0 0 I. IMPROVEMENT ’ IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3841 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indentified above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 He1 iport 8 $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year SI exceed 13.81% of the authorized “Maximum Special Development Tax - One Time” various Commercial and Industrial Property categories as set forth above amount applicable and annually adjusted fo: each Fiscal Year. ANNUAL TAX INCmASE The above SPECIAL TAXES for the taxable properties are applicable for the year 1990/91, and are all subject to ‘annual increases to reflect incrc construction costs. The Construction Cost Index of the Engineering News titled “ENR Cost Indexes in 22 Cities“ will be used. The Index published month of April for the City of Los Angeles under the column heading of “Pe Change from Last Year” will annually inflate each of the Maximum Annual Ti each year for properties as follows: + a 0 6, I, A. PROPERTIES WITHIN THE DISTRICT: Not'to exceed 50% of the .. above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and fa1 funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has bel however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be leviei period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be SUI any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a building have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ass any building permit, no further increase or escalation is authorized. ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issc ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as j 65% to Residential property, 35% to Commercial & Industrial property. Th costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% s facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to n 35% share of facilities, which tax will include costs of issuance, inter other costs, including sinking fund payments for future construction as applic COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish 1 call bonds, pay bonds and Community Facilities District No. 1 administrative and pay for public capital facilities. FIRST: Reduce this amount by th collected from Special Development Tax - One Time levied against resj properties. SECOND: The remaining funds,needed are to be collected by the the annual Special Tax - Undeveloped Property on undeveloped taxable resj acreage, in the proportional amounts for each property category as required, exceed the maximum authorized tax. + 0 * Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish r' call bonds, pay bonds and Community Facililies District No. 1 administrative and pay for current or future public capital facilities. FIRST: Reduce this by the funds collected from Special Development Tax - One Time and annual Tax - Developed Property levied against commercial and industrial prop SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped commercial and industrial acreage in the proportional amounts €or each p category as required, not to exceed the maximum tax. ,I *x* MARTIN & CHAPMAN CO. 1951 WRIGHT CIRCLE, ANAHEIM, CA 92806 (714) 939-9866 FAX 939-9870 PLEASE RETAIN THIS PROOF FOR YOUR FILES PROOFS HAVE ALSO BEEN SENT TO: A 3 NU. rn OFFICIAL BALLOT, " t (This number shall be tarn Off and retained bythevoter) MARK CROSSES (t) ON BALLOT WITH PEN AND INK OR PENCIL. ---- NO. (voter may remave and retain thisstub) (Perforate and tear Official Ballot bdow this line and include the lower portion in the ballot envelope) OFFICIAL BALLOT CITY OF CARLSBAD SPECIAL MUNICIPAL ELECTION TUESDAY, MAY 7,1991 INSTRUCTIONS TO VOTERS: To vote, mark a cross (+) in the voting square after the word "Yes" or after the word "No" wit1 All distinguishing marks or erasures are forbidden and make the ballot void If you wrongly mark, tear, or deface this ballot, return it to the a pen or pencil. * City Clerk as thi Election Official and obtain another. Shall the City of Carlsbad, Community Facilities District No. 1, County of San Diego, 1) incur a bonded indebtedness in an amount estimated to be $130,000,000, subject improvements designated as the Macario Canyon Park, major street improvements in portions of Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain Road/ Rancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities described as the La Costa Interchange, Poinsettia Lane Interchange and Palomar Airport Road Interchange, 2) levy special taxes to pay for said facilities and/or to pay for any authorized and issued bond indebtedness, and 3) establish an Article XlllB appropriations limit equal to the maximum authorized special taxes which may be levied in any fiscal year? OF VOTES ***** Martin & Chapman a. 1951 Wright Circle * Anaheim, CA 92806-5028 * 714/9349866 * FAX 714/9349870 (4-as/ooose) -10- 0 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL MAILED BALLOT ELECTION MAY 7, 1991 INSTRUCTIONS TO LANDOWNER VOTERS In order to exercise your right as a qualified elector of Community Fac District No. 1 in the referenced special mailed ballot election, you must fol following steps. 1. To vote on the measure, mark a cross (+) in the square after the word " after the word "No" on the enclosed official ballot. 2. Detach the stub in the upper lefthand corner and keep as your receipt. 3. Fold and insert the Official Ballot into the enclosed Ballot Envelope, E the Ballot Envelope. 4. Complete the required information on the enclosed Voter Identification Cei tion and sign and execute the Certification where provided. It is e6 The purpose of this document is to ensure that the individual casting a 7 the authority to do so on behalf of the owner of the property entitled t that this document be completed and signed in order for your vote to be c 5. Place the Voter Identification Certification and the sealed Ballot Envelc the enclosed self-addressed return envelope. Return this envelope by ma: person to the City Clerk. To be valid, Ballots must be received by 5:OO Election day, MAY 7, 1991. POSTMARKS ARE NOT ACCEPTED. YOU MAY VOTE AND/OR TURN IN YOUR OFFICIAL BALLOT TO: ALETHA RAUTENKRANZ, CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 LOST, SPOILED OR DAMAGED BALLOTS: If you have lost, spoiled or damaged your ballot, please call the City ( (619) 434-2808 for information. *x* 6- @ a CITY ATTORNEY'S IMPARTIAL ANALYSIS CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 The City Council of the City of Carlsbad, California, has undertaken proceedi taken action to form a Community Facilities District pursuant to the "Me1 Community Facilities Act of 1982" (referred to as the ItAct"), said Cc Facilities District known and designated as COMMUNITY FACILITIES DISTRIC'I (hereinafter referred to as the "District"). A Community Facilities District is established for the purpose of carrying or fic activities within a definite area of service. The specific activities E for this District are the financing of major public capital facilities, as SE in the Ballot Proposition. No other facilities or services are authorizec carried on by this District. The City has also declared the necessity to incur a bonded indebtedness as rized by that Act, to pay for said proposed public capital facilities descr the Ballot Proposition. This bonded indebtedness shall not exceed $130,C The total amount of the bonds which the City actually issues may be less th amount. The City has further determined that any bonds shall be serial bonds and gc mature over a period not to exceed forty (40) years. The bonds may be is differing series, at differing times, and the maximum rate of interest to be the bonds shall not exceed the greater of either 12% per annum or the maximt rate at the time of any sale. The City has also proposed the authorization for a special tax to be levied i within the District boundaries to pay for the costs of the facilities, as we: pay for the annual installments for debt service on any issued bonds. The I rate and method of apportionment of the special tax is also set forth in thc Proposition. The annual levy of the special tax may not exceed the rate lower rate. The proceeds of the special tax may only be used to pay the costs of the aul facilities, and/or debt service as applicable on any authorized bonded indebl A special tax may continue to be levied no longer than is necessary to pay principal and interest for any such bonds issued. The bonds will not be sec any taxing power or funds of the City, although contributions from lawful may be available in certain cases. Approval of the Ballot Proposition must occur before the City may either iE bonds and/or levy the special tax. In order for the Proposition to be a] 2/3rds of the vote cast on the Proposition must be cast in favor of t incurring the bonded indebtedness and levying the special tax. In this Dist vote will be by landowners, one (1) vote per acre or portion thereof. Approval of the Proposition will not obligate the City to construct the capital facilities, incur any bonded indebtedness, or levy any speci to undertake the project upon completion of additional actions, including limited to, final project design, etc. forth in the Ballot Proposition; however, the City may levy the special t Approval of the Proposition, however, will grant power and authorization to * **x * # 0 0 NOTE: IMMEDIATELY BELOW THE IMPARTIAL ‘ANALYSIS THERE SHALL BE PRINTED IN I THAN 10-POINT BOLD TYPE THE FOLLOWING LEGEND: The above statement is an impartial analysis of the Ballot Proposition. desire a copy of the Ballot Proposition, please call the City Clerk a1 434-2808, and a copy will be mailed at no cost to you. 0 m BOND ISSUE STATEMENT CIm OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 As shown on the enclosed official ballot, a special mail ballot election i! conducted by the City Clerk of the City of Carlsbad, California, pertaining proposed issuance of bonds for a Community Facilities District formed pursi the "Mello-Roos Community Facilities Act of 1982", said Community Fac District known and designated as COMMUNITY FACILITIES DISTRICT NO. 1 (here referred to as the "District"). This election will be conducted on the 7th day of May, 1991, at which t. qualified voters of the District shall be asked whether or not the Distric- incur a bonded indebtedness in an amount not to exceed $130,000,000 in 1991 to finance certain public facilities as specified in the ballot propositi0 rate of interest on said bonds shall not exceed twelve percent (12%) per a the maximum rate permitted by law at the time of sale of any of the bonds. If such bonds are authorized and sold, the principal of and interest on th will be payable from the proceeds of special tax levies, which are described ballot proposition. The best estimate from official sources of the tax rate which would be requ be levied to fund the bond issue during (a) the first fiscal year after tk sale of bonds, and (b) the fiscal year after the last sale of bonds, and highest tax rate which would be required to be levied is generally as set f the taxing formula as attached herein, referenced and so incorporated. Inasmuch as the timing of the issuance of bonds and the actual rate of the tax necessary to secure the bonded indebtedness is dependent upon development the District, no estimates are available as to the year in which the high rate will apply. m CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Community Facilities D shall be subject to ANNUAL SPECIAL TAXES as applicable, based upon the p categories, maximum tax rates, increases and status of the issuance of b permits, all as hereinafter set forth. Improvement Area I refers to all pro within the boundaries of the City of Carlsbad Bridge and Thoroughfare Di Improvement Area I1 is for all remaining properties within the Community Fac District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be sub the following maximum annual special taxes, subject to increases as sei herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.00 1 , 217 -00 Residential Medium to High 1,984.00 1,868.00 Residential High 2 , 793.00 2 , 739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also suk increases as set forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3 , 835.00 Residential Medium 2 , 810.00 2 , 312 .OO Residential Medium to High 2 , 810.00 2 , 312.00 Residential High 2,810.00 2,312 .OO e 0 COMMERCIAL, INDUSTdIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX .- UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a bi permit shall be subject to the following maximum annual special taxes, also I to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 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 issuance of a building shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to twenty-five (25) years, generally in the amounts per property category as foll MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank - Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 0 IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indentified above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 He1 iport s $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year s exceed 13.81% of the authorized “Maximum Special Development Tax - One Time” various Commercial and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for thc year 1990/91, and are all subject to annual increases to reflect incrc construction costs. The Construction Cost Index of the Engineering News titled “ENR Cost Indexes in 22 Cities“ will be used. The Index published month of April for the City of Los Angeles under the column heading of “Pe Change from Last Year” will annually inflate each of the Maximum Annual T each year for properties as follows: 0 e A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% Of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% Of the above- referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and !ac: funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has beer however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied period in excess of twenty-five (25) years per parcel. ..-- Residential: Once a building permit has been issued €or Residential property and the DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be sub any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a building have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ass ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issu any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as 1 65% to Residential property, 35% to Commercial & Industrial property. Th costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% : facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to n 35% share of facilities, which tax will include costs of issuance, inter other costs, including sinking fund payments €or future construction as applic COLLECTION OF ANNUAL TAX Residential : Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facilities District No. 1 administrativ and pay €or public capital facilities. FIRST: Reduce this amount by tl collected from Special Development Tax - One Time levied against res properties. SECOND: The remaining funds needed are to be collected by the the annual Special Tax - Undeveloped Property on undeveloped taxable res acreage, in the proportional amounts for each property category as required exceed the maximum authorized tax. a m Commercial and Industrial: Determine monies necessary to make payment on band debt service, replenish re call bonds, pay bonds and Community Facililies District No. 1 administrative and pay for current or future public capital ,facilities. FIRST: Reduce this by the funds collected from Special Development Tax - One Time and annual S Tax - Developed Property levied against commercial and industrial prope SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped t commercial and industrial acreage in the proportional amounts for each PI’ category as required, not to exceed the maximum tax. *X* 0 6 LAW OFFICES BROWN, HARPER, BURNS 8 HENTSCHKE F. MACKENZIE BROWN' I2770 HIGH BLUFF DRIVE, SUITE 240 NEWPORT BEACH (714 SAN DIEGO. CALIFORNIA 92130 LOS ANGELES (2131 ALAN R. BURNS JOHN ROBERT HARPER' DANIEL 5. HENTSCHKE (619) 456-1915 FAX 259-0292 ROBERT E. HESSELL OF COUNSEL JOSEPH J. HUGHES MICHAEL 8. MONTGOMERY. 'A PROFESSIONAL CORPORATION February 6, 1991 Jim Elliott, Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlebad, CA 92008 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: COMMUNITY FACILITIES DISTRICT NO. 1 BALLOT Dear Jim and Aletha: By prior transmittal you have received the format documentation for the bal the referenced District. I am presuming that you are closely coordinat: City's activities with those of Martin Ei Chapman as it relates to the prepara the ballot, etc. Please keep us advised if we can be of any further assistance. Also we would iate any calendar or schedule of events that has been prepared as it relates conduct of the election. Very truly yours, % F. MACKENZIE BROWN FMB : bd February 4, 1991 Martin & Chapman 1951 Wright Circle Anaheim, CA 92806 Attn: Paul Marshall Re: Election for Mello Roos Community Facilities District Enclosed for your records are copies of the following Resolutions which were adopt€ the Carlsbad City Council at its special meeting held January 29, 1991: 1. Resolution No. 91 -37, ordering certain changes and modifications to the Resoli of Intention and Proceedings relating to the formation of a Community Faci District. Resolution No. 91-38, making certain preliminary findings, passing upon prc and approving final report. Resolution No. 91-39, declaring and establishing the formation of a Comm Facilities District, and authorizing submittal of levy os special taxes to the qua electors. Resolution No. 91-40, declaring necessity to incur a bonded indebtedness submitting a proposition to the qualified voters of a Community Facilities Dis 2. 3. 4. Thanks for your help, and let us know if you need any additional information. Encs. 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434 . - 1 2 3 4 5 c; 7 0 9 10 11 1 2 13 14 1 !j 1G 17 18 19 20 21 22 23 24 2 5 2G 21 2 0 CITY OF CARLSBAD STATE OF CALIFORNIA ~ __________ ~- .. .. . ...- -. . .. . - . . . . RESOLU.TION NO. 91-rt(J .. RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO Pl?OPOSITION TO THE QUALIFIED VOTERS OF A C 01.124 U N I T Y INCUR A DOIlDED INDEBTEDNESS AND SUBMITTJ tlG A E AC I L I T I E S D I ST R I C T WHEREAS, the CITY COUNCIL of the CITY OF CARLSHAD, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to be secured by special taxes to pay for certain pul,lic capital facilities in a community facilities district, as nuI.11o- rized pursuant to the terms and provisions of tlie "tlello-I~ooo Colllnii1tIity Facilities Act of 1982", being Cliapter 2.5, Park. 1, Division 2, Title 5 of the Government Code of the .State of Ca 1 i To ~'n i a, Fac i 1 it i es Itere i ti8 r t el: be referred to as CO14PlUNITY FACILITIES DISTRICT 110. 1 (iierrj ti- sa id Cotiiniu 11 it y D i s t 1- ic t s ti a 11 after referred to as the "District"); and, WHEREAS, at this time this legislative body is desirous to proceed to make the necessary findings to incur the bonded indebtedness, to declare the purpose for said debt, arid to authorize the submittal of a combined proposition to the voters of said District, bein9 the landowners of the proposed Distrj-ct, all as autliorized and required by law; and, WHEREAS, a special election is to be held in tlle City of Carlsbad, California, (hereinafter referred to as tile "1r)cal , Agency"), at which time there will be sublnitted to the qualitiarl electors of said District certain propositions L-elatilly to ttle I aut~iorization to levy a special tax and the iiicurriing of a * 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 e 0 bonded indebtedness in order to pay for certain capital f ties to serve the District, pursuant to the provisions "Mello-Roos Community Facilities Act of 1982", as refc above. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all tr correct. NECESSITY FOR BOND ISSUE SECTION 2. That this legislative body hereby ex declares and states that it is necessary to incur a indebtedness as authorized under the terms and provisions "Mello-Roos Community Facilities Act of 1982", in o finance the below described public capital facilities. PURPOSE OF BOND ISSUE SECTION 3. That the purpose for the proposed indebtedness and facilities proposed to be financed thro issuance of said bonds, is generally described as follows: I. Public facilities generally desci a new library facility, a major addition to an existing building, a City Hall complex, and the addition of ofl warehouse facilities at the public safety center. 11. Park improvements generally desig the MACARIO CANYON PARK. 111. Major street improvements in por the following designated public streets: FARADAY AVENUE ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE LEUCADIA BOULEVARD. i 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 e 0 IV. ‘Major bridge and overpass faei generally described as the LA COSTA INTERCHANGEl POINSETTI INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE. BOUNDARIES OF DISTRICT SECTION 4. That the whole of the District will pay f above-referenced bonded indebtedness. A general descript the District is as follows: All property within the boundaries of CO FACILITIES DISTRICT NO. 1, as shown on a map as pre approved by this legislative body, said map designated name of this Community Facilities District, a copy of w on file in the office of the City Clerk. BOND AMOUNT SECTION 5. That the amount of the propoeed indebtedness, including the cost of the facilities, t with all incidental expenses, contingencies and financin is generally estimated to be: $130,000,000.00 Said costs are represented in current and are subject to escalation to provide €or increa future phases of construction. BOND TERMS SECTION 6- That it is hereby further determined th shall be issued and the maximum term of bonds and/or an shall not exceed forty (40) years, and said bonds may b in differing series, at differing times. The maximum interest to be paid on said bonds shall not exceed the 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 of either twelve percent (12%) per annum or the maximui permitted by law at the time of sale of any of said bonds interest on said bonds shall be payable semi-annually, a principal on said bonds shall be paid annually, wi’ payments being made to the registered owner of said bon authorized by law. The bonds, except where other funds a available, shall be paid exclusively from the annual levy special tax, and are not secured by any other taxing p( funds of the Community Facilities District or the City. ELECTION SECTION 7. The proposition related to the incurring bonded indebtedness shall be consolidated with the ProF relating to the levy of the special tax, shall be combir one ballot proposition, and shall be submitted to the qi voters at a special election to be held on the ITH DAY 1991, and said election shall be a special mailed election to be conducted by the City Clerk (hereinafter to as “Election Official”). If the combined proposition levy of the special tax and the incurring of the bonded i ness receive the approval of more than two-thirds (2/3; votes cast on the proposition, bonds may be authorized and sold for the purposes set forth herein and the spei may be levied as provided for in the Resolution of Format BALLOT SECTION 8. That the ballot proposal to be suhmitte qualified voters at the election shall generally be as fc . 1 2 3 4 5 6 1 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 PROPOSITION A Shall the City of Carlsbad, Community Facilities District No. 1, County of San Diego, 1) incur a bonded indebtedness in an amount estimated tobbe $130,000,000, subject to inflation, to finance the installation of public facilities generally described as a new library facility, a major City Hall complex, and the addition of office I YES I addition to an existing library building, a I I center, and park improvements designated as the [ I and warehouse facilities at the public safety I I Macario Canyon Park, major street improvements 1 NO 1 in portions of Faraday Avenue, Cannon Road, La I I Costa Avenue, Olivenhain Road/Rancho Santa Fe Road and Leucadia Boulevard, and major bridge and overpass facilities described as the La Costa Interchange, Poinsettia Lane Interchange and Palomar Airport Road Interchange, 2) levy special taxes to pay for said facilities and/or to pay for any authorized and issued bond indebtedness, and 3) establish an Article XIIIB appropriations limit equal to the maximum autho- rized special taxes which may be levied in any fiscal year? The rate and method of apportionment of the special ta generally be as follows: PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Cornmunit lities District shall be subject to ANNUAL SPECIAL T applicable, based upon the property categories, maxi rates, increases and status of the issuance of building all as hereinafter set forth. Improvement Area I refer: properties within the boundaries of the City of Carlsbac and Thoroughfare District. Improvement Area I1 is remaining properties within the Community Facilities D not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY ~ll taxable property prior to the issuance of a buildin shall be subject to the following maximum annual specia subject to increases as set forth herein: 1 2 3 4 5 fj 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMEN’I PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 760.00 Residential Low to Medium 772.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2 , 793 .OO 2,739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential ties shall be subject to the following described SPECIAL D MENT TAX - ONE TIME, also subject to increases as set herein, as follows: MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME PE RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 195 IMPROVEMENT IMPROVEMET\ PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 4,452.00 $ 3,835.0C Residential Low to Medium 4,452 .OO 3,835.0C Residential Medium 2 , 810.00 2 , 312. oc Residential Medium to High 2 , 810.00 2,312.0( Residential High 2,810.00 2,312.01 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior issuance of a building permit shall be subject to the f maximum annual special taxes, also subject to increaseE forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PR PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1 IMPROVEMENT I M P ROVE ME AREA I AREA I Commercial Property $ 2,400.00 $ 1,600.C Industrial Property 1 , 200.00 960.C Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issua building permit, shall have the option to (1) pay the 1 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 0 0 DEVELOPMENT TAX - ONE TIME OK (2) assume the ANNUAL SPEC1 - DEVELOPED PROPERTY for a period of not to exceed twent (25) years, generally in the amounts per property categc follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR I YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMEP COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 17.51 4.99 15.17 4.73 Restaurant - Sit Down Marina 14.85 4.41 Bank - Walk In 12. a3 4.60 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S & L - Walk In 5.51 3.0: Race Track 5.10 2.3: Library 4.26 2.8f Campground Auto - Gasoline 8.11 2-89 Bowling Center 6.63 2-83 Community Shopping Center 4.24 1.8( Hospital - General 3.88 3.1E Hotel - Conv. Fac/Comm. 3.47 2.5; Auto - Repair & Sales 3.41 1.5E Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.5, Golf Course 3.06 2.1, Church 2.99 1.9 Office - ~overnment 2.93 1.8 Commercial Shops 2.90 1.5 Health Club 2. 89 1.8 Motel 2.69 2.0 Office - High Rise 2.67 1.8 Office - Commercial, 100,000 SF 2.56 1.7 Lumber/Hardware Store 2.47 1.5 Office - Medical 2.42 2.0 Hospital - Convalescent 2.33 2.2 Indoor Sports Arena 2.33 2.2 Resort Hotel 2.30 1.9 University 2.26 1.9 Junior College 2.19 1.9 AI^ other Commercial Properties 2.14 1.i not indentified above 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 e 0 IMPROVEMENT IMPROVEMEN INDUSTRIAL USE DESIGNATIONS 1 AREA I AREA I1 Heliports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" 1 Fiscal Year shall not exceed 13.81% of the authorized " Special Development Tax - One Time" for the various com and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Ye ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are able for the fiscal year 1990/91, and are all subject to increases to reflect increases in construction cost^ Construction Cost Index of the Engineering News-Record, "ENR Cost Indexes in 22 Cities" will be used. Th published for the month of April for the City of Los under the column heading of "Percentage Change from LaS will annually inflate each of the Maximum Annual Taxes f year for properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have br charged and facilities funded and/or guaranteed, and the DEVELOPMENT TAX - ONE TIME. has been paid; however, thl SPECIAL TAX - DEVELOPED PROPERTY shall not be levie period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential and the SPECIAL DEVELOPMENT TAX - ONE TIME has been p property no longer will be subject to any annual special 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 0 0 Commercial & Industrial: The Commercial and Industrial properties, upon the issuanc bullding permit, have the option to (1) pay the SPECIAL DE MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL DEVELOPED PROPERTY, as set forth above. Upon the issua any building permit, no further increase or escalat authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities sh allocated as follows: 65% to Residential property, Commercial & Industrial property. The above costs exclud of issuance as needed. Residential property shall be taxed in an amount suffic meet the 65% share of facilities, which tax will includc of issuance, interest and other costs, including sinkir payments for future construction as applicable. Commercial & Industrial property shall be taxed in an sufficient to meet the 35% share of facilities, which t include costs of issuance, interest and other costs, in sinking fund payments for future construction as applicabl COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt c replenish reserve, call bonds, pay bonds and Community ties District No. 1 administrative costs, and pay €or capital facilities. FIRST: Reduce this amount by th collected from Special Development Tax - One Time levied residential properties. SECOND: The remaining funds ne6 to be collected by the levy of the annual Special Undeveloped Property on undeveloped taxable residential in the proportional amounts for each property cat€ required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary go make payment on bond debt replenish reserve, call bonds, pay bonds and Community lies District No. 1 administrative costs, and pay for cu future public capital facilities. FIRST: Reduce this a the funds collected from Special Development Tax - One annual Special Tax - Developed Property levied against cial and industrial properties. SECOND: Levy thc Special Tax - Undeveloped Property on undeveloped taxable cial and industrial acreage in the proportional amounts property category as required, not to exceed the maximum *** 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 a e VOTE SECTION 9. That the appropriate mark placed in the square after the word "YES" shall be counted in favor adoption of the proposition, and the appropriate mark plz the voting square after the word "NO" in the manner as rized, shall be counted against the adoption of proposition. ARGUMENTS SECTION 10. Arguments may be filed for and/or agai ballot measure, and the Election Official shall select the arguments in favor and one of the arguments agaii measure for printing and distribution. The Election 0 shall give preference and priority in the following sequer A. The legislative body or any member as authorized; B. Individual property owners or bo association of property owners or combinations of 1 owners and associations who are the bona fide sponsors o nents of the measure; C. Bona fide associations of property I D. Individual property owners o eligible to vote on the measure. DEADLINE FOR FILING ARGUMENTS SECTION 11. That notice is hereby given that arguments, not to exceed three hundred (300) words in for or against the measure, shall be filed not later t P.M. on February 19, 1991, at the Office of the Official. 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 0 e That any argument submitted for or again measure shall be accompanied by a statement set forth in Z 5350 of the Elections Code, signed and completed by the of such argument. REBUTTAL ARGUMENTS SECTION 12. That if any person submits an argument c the combined ballot proposition as set forth herein, argument has been filed in favor of the combined propo the Election Official shall then immediately send a copy argument to the person filing the argument in favor ( combined ballot proposition. The person filing the argu favor of the combined ballot proposition may prepare and a rebuttal argument not to exceed two hundred fifty (250) The Election Official shall then send copies of the argu favor of the ballot proposition, who then may prepare anc a rebuttal argument to the argument in favor of the ( ballot proposition, such rebuttal argument not exc hundred fifty (250) words. The rebuttal argument shall t with the Election Official not more than ten (10) days a final date for filing the direct argument. Rebuttal a shall be printed in the same manner as direct arguments rebuttal argument shall immediately follow the direct which it seeks to rebut. This right of rebuttal, as provided Resolution, is applicable only to the ballot propositi0 ing to this Community Facilities District, and shall n to any future District elections. 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 e a IMPARTIAL ANALYSIS SECTION 14. That City Attorney is hereby direc prepare an impartial analysis on the combined ballot prop and file it with the Election Official. Such analysic show the effect of the proposition on the existing law q general operation of the proposed ballot proposition. ELECTION PROCEDURE SECTION 15. The Election Official is hereby author take any and all steps necessary €or the holding of sai t ion. Said Election Official shall perform and rent services and proceedings incidental to and connected w conduct of said election, and said services shall inclu not be limited to the following activities as are appropx the subject election: A. Prepare and furnish to the e officers necessary election supplies for the conduct election. B. Cause to be printed the requisitc of official ballots, talley sheets and other necessary fo C. Furnish and address to mail o ballots to the qualified electors of the Community Fa District. D. Cause the official ballots to bc and/or delivered, as required by law. E. Receive the returns of the elecl supplies. F. Sort and assemble the election and supplies in preparation for the canvassing of the ret .. * v 1 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 4 rn G. Canvass the returns of the election. H. Furnish a tabulation of the num votes given in the election. I. Make all arrangements and ta necessary steps to pay all costs of the election incui result of services performed by the District and pay co expenses of all election officials. J. Conduct and handle all other IT relating to the proceedings and conduct of the election manner and form as required by law. NOTICE SECTION 17. That the City Clerk is hereby ord certify to the passage of this Resolution and shall cau Resolution to be published once a week for two successiv in the CARLSBAD JOURNAL. This Resolution shall constit notice of the special bond election and authorization to special tax. PASSED, APPROVED AND ADOPTED by the City council S ecial City of Carlsbad at its/-z&tt4ar- meeting held on the 3 Of January , 1991, by the following vote, to AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nyg NOES: None ABSENT: None j' / + 17 ,/- // i / '/ *I 2%- ,:, ,, [/, 4 ,; ,/ ,/ { ,/9 I ~LAUDE A. LEWI'S,- Mayor ATTEST: !!ldLGL 2 RaLu- ALETHA L. RAUTENKRANZ, Citb Clerk {SEAL) 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 e 0 &Ad% /p1 a*/Pd uq RESOLUTION NO. 91-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS AND SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS OF A COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CAR CALIFORNIA, (hereinafter referred to as the "legislative 1: the local Agency"), has previously declared its intenti held and conducted a public hearing relating to the issu: bonds to be secured by special taxes to pay for certain capital facilities in a community facilities district, as rized pursuant to the terms and provisions of the "Me1 Community Facilities Act of 1982", being Chapter 2.5, Division 2, Title 5 of the Government Code oE the Si California, said Community Facilities District shall here be referred to as COMMUNITY FACILITIES DISTRICT NO. 1 ( after referred to as the "District"); and, WHEREAS, at this time this legislative body is desi proceed to make the necessary findings to incur the indebtedness, to declare the purpose for said debt, authorize the submittal of a combined proposition to thp of said District, being the landowners of the proposed D all as authorized and required by law; and, WHEREAS, a special election is to be held in the Carlsbad, California, (hereinafter referred to as the Agency"), at which time there will be submitted to the q electors of said District certain propositions relatin? authorization to levy a special tax and the incurri 1 2 3 4 5 6 7 8 0 0 bonded indebtedness in order to pay for certain capital f ties to serve the District,' pursuant to the provisions "Mello-Roos Community Facilities Act of 1982", as ref( above. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all tr 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 correct. NECESSITY FOR BOND ISSUE SECTION 2. That this legislative body hereby ex declares and states that it is necessary to incur a indebtedness as authorized under the terms and provisiong "Mello-Roos Community Facilities Act of 1982", in o finance the below described public capital facilities. PURPOSE OF BOND ISSUE SECTION 3. That the purpose for the proposed indebtedness and facilities proposed to be financed thrc issuance of said bonds, is generally described as follows I. Public facilities generally desci a new library facility, a major addition to an existing building, a City Hall complex, and the addition of of1 warehouse facilities at the public safety center. 11. Park improvements generally desig the MACARIO CANYON PARK. 111. Major street improvements in por the following designated public streets: FARADAY AVENUE ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE LEUCADIA BOULEVARD. 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 0 IV. ‘Major bridge and overpass fac generally described as the LA COSTA INTERCHANGE, POINSETT: INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE. BOUNDARIES OF DISTRICT SECTION 4. That the whole of the District will pay above-referenced bonded indebtedness. A general descripi the District is as follows: All property within the boundaries of CO FACILITIES DISTRICT NO. 1, as shown on a map as pre approved by this legislative body, said map designated name of this Community Facilities District, a copy of w on file in the office of the City Clerk. BOND AMOUNT SECTION 5. That the amount of the proposed indebtedness, including the cost. of the facilities, I with all incidental expenses, contingencies and financir is generally estimated to be: $130,000,000.00 Said costs are represented in current and are subject to escalation to provide €or increz future phases of construction. BOND TERMS SECTION 6. That it is hereby further determined th shall be issued and the maximum term of bonds and/or an, shall not exceed forty (40) years, and said bonds may b in differing series, at differing times. The maximum interest to be paid on said bonds shall not exceed the 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 w 0 of either twelve percent (12%) per annum or the maximu permitted by law at the tim@ of sale of any of said bonds interest on said bonds shall be payable semi-annually, i principal on said bonds shall be paid annually, wi payments being made to the registered Owner of said bor authorized by law. The bonds, except where other fund5 ai available, shall be paid exclusively from the annual levy special tax, and are not secured by any other taxing p' funds of the Community Facilities District or the City. ELECTION SECTION 7. The proposition related to the incurring bonded indebtedness shall be consolidated with the pros relating to the levy of the special tax, shall be combin one ballot proposition, and shall be submitted to the qc voters at a special election to be held on the 7TH DAY 1991, and said election shall be a special mailed election to be conducted by the City Clerk (hereinafter 1 to as "Election Official"). If the combined proposition levy of the special tax and the incurring of the bonded i ness receive the approval of more than two-thirds (2/3) votes cast on the proposition, bonds may be authorized, and sold for the purposes set forth herein and the spe( may be levied as provided €or in the Resolution of Format BALLOT SECTION 8. That the ballot proposal to be submitte qualified voters at the election shall generally be as fo 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 w 0 MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential Low to Medium 772.00 760.00 Residential High 2 , 793.00 2 , 7 39.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential ties shall be subject to the following described SPECIAL D MENT TAX - ONE TIME, also subject to increases as set herein, as follows: MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME PE RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 199 IMPROVEMENT IMPROVEMEN AREA I1 PROPERTY CATEGORY AREA I Residential Low $ 4,452.00 $ 3,835.00 3 , 835.00 Residential Low to Medium Residential Medium 2 , 810.00 2 , 312.00 Residential Medium to High 2 , 810.00 2 , 312.00 Residential High 2,810.00 2 , 312 .OO 4 , 452.00 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior issuance of a building permit shall be subject to the fc maximum annual special taxes, also subject to increases forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRI PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/15 IMPROVEMENT I M P R 0 V E M E I AREA I AREA I! Commercial Property $ 2,400.00 $ 1,600.0( Industrial Property 1,200.00 960.0 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuan building permit, shall have the option to (1) pay the 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 W m DEVELOPMENT TAX - ONE TIME! 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: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR I: YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEME COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank - Walk In 12.83 4.60 2.89 Auto - Gasoline Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping center 6.46 2.27 Auto Car Wash 6.31 2.52 S &. L - Walk In 5.51 3.03 Race Track 5.10 2.33 2.86 Library 4.26 Community Shopping Center 4.24 1.8C Hospital - General 3.88 3.1E 8.11 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.5( Regional Shopping Center 3.35 1.6: Discount Store 3.22 1.5t Golf Course 3.06 2-11 Church 2.99 1.9c Office - ~overnment 2.93 1.8t Commercial Shops 2.90 1.51 Health Club 2.89 1.8! Motel 2.69 2.0f Office - High Rise 2.67 1.81 Off ice - Commercial, 100,000 SF 2.56 1.7! Lumber/Hardware Store 2.47 1.51 Office - Medical 2.42 2.0’ Hospital - Convalescent 2.33 2.2 Indoor Sports Arena 2.33 2.2 Resort Hotel 2.30 1.9 1.9 University 2.26 Junior ~ollege 2.19 1.9 All other Commercial Properties 2.14 1.4 not indent if ied above 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 IMPROVEMENT IMPROVEMEE AREA I1 INDUSTRIAL USE DESIGNATIONS AREA I Heliports $ 10.63 $ 3.67 Industrial-Commercia1 Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” i Fiscal Year shall not exceed 13.81% of the authorized ” Special Development Tax - One Time“ for the various Com and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Ye ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are able for the fiscal year 1990/91, and are all subject to increases to reflect increases in construction costs Construction Cost Index of the Engineering News-Record, ”ENR Cost Indexes in 22 Cities” will be used. Th published €or the month of April for the City of Los under the column heading of “Percentage Change from Las will annually inflate each of the Maximum Annual Taxes f year for properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to e‘xceed 50% of above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have bc charged and facilities funded and/or guaranteed, and the DEVELOPMENT TAX - ONE TIME. has been paid; however, thf period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential and the SPECIAL DEVELOPMENT TAX - ONE TIME has been p property no longer will be subject to any annual special SPECIAL TAX - DEVELOPED PROPERTY shall not be levie 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 20 m m Commercial Ei Industrial:. ’ The Commercial and ~ndustrial properties, upon the issuanC building permit, have the option to (1) pay the SPECIAL DE MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL DEVELOPED PROPERTY, as set forth above. Upon the issua any building permit, no further increase or escalat authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities sh allocated as follows: 65% to Residential property, Commercial & Industrial property. The above costs excludc of issuance as needed. Residential property shall be taxed in an amount suffic meet the 65% share of facilities, which tax will includi of issuance, interest and other costs, including sinlrir payments for future construction as applicable. Commercial 6 Industrial property shall be taxed in an sufficient to meet the 35% share of facilities, which t include costs of issuance, interest and other costs, in sinking fund payments for future construction as applicabl COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt E replenish reserve, call bonds, pay bonds and Community ties District No. 1 administrative costs, and pay for capital facilities. FIRST: Reduce this amount by th collected from Special Development Tax - One Time levied residential properties. SECOND: The remaining funds net to be collected by the levy of the annual Special in the proportional amounts for each property cate required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary $0 make payment on bond debt replenish reserve, call bonds, pay bonds and Community lies District No. 1 administrative costs, and pay for cu future public capital facilities. FIRST: Reduce this a the funds collected from Special Development Tax - One annual Special Tax - Developed Property levied against cial and industrial properties. SECOND: Levy thc Special Tax - Undeveloped Property on undeveloped taxable cial and industrial acreage in the proportional amounts property category as required, not to exceed the maximum Undeveloped Property on undeveloped taxable residential i *** 0 e VOTE 1 2 3 4 5 6 7 SECTION 9. That the appropriate mark placed in the square after the word 'lYES" shall be counted in favor adoption of the proposition, and the appropriate mark pl- the voting square after the word "NO" in the manner as rized, shall be counted against the adoption 0' proposition. 8 ARGUMENTS 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 10. Arguments may be filed for and/or agaii ballot measure, and the Election Official shall select the arguments in favor and one of the arguments agai measure for printing and distribution. The Election C shall give preference and priority in the following sequer A. The legislative body or any member as authorized; B. Individual property owners or bo association of property owners or combinations of 1 owners and associations who are the bona fide sponsors 01 nents of the measure; C. Bona fide associations of property D. Individual property owners c eligible to vote on the measure. DEADLINE FOR FILING ARGUMENTS SECTION 11. That notice is hereby given that arguments, not to exceed three hundred (300) words in for or against the measure, shall be filed not later t P.M. on February 19, 1991, at the Office of the Official. 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 e 0 That any argument submitted for or again measure shall be accompanied by a statement set forth in 2 5350 of the Elections Code, signed and completed by the of such argument. REBUTTAL ARGUMENTS SECTION 12. That if any person submits an argument 4 the combined ballot proposition as set forth herein, argument has been filed in favor of the combined propo the Election Official shall then immediately send a copy argument to the person filing the argument in favor ( combined ballot proposition. The person filing the argu favor of the combined ballot proposition may prepare and a rebuttal argument not to exceed two hundred fifty (250) The Election Official shall then send copies of the argu favor of the ballot proposition, who then may prepare and a rebuttal argument to the argument in favor of the c ballot proposition, such rebuttal argument not exc hundred fifty (250) words. The rebuttal argument shall 1 with the Election Official not more than ten (10) days a final date for filing the direct argument. Rebuttal a shall be printed in the same manner as direct arguments I rebuttal argument shall immediately follow the direct which it seeks to rebut. This right of rebuttal, as provided Resolution, is applicable only to the ballot propositio ing to this Community Facilities District, and shall n to any future District elections. 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 W e IMPARTIAL ANALYSIS SECTION 14, That City Attorney is hereby direci prepare an impartial analysis on the combined ballot propc and file it with the Election Official. Such analysis ahow the effect of the proposition on the existing law a general operation of the proposed ballot proposition. ELECTION PROCEDURE SECTION 15. The Election Official is hereby author. take any and all steps necessary for the holding of saic t ion. Said Election Official shall perform and renc services and proceedings incidental to and connected w Conduct of said election, and said services shall inclu not be limited to the following activities as are appropr the subject election: A. Prepare and furnish to the e officers necessary election supplies for the conduct election. B. Cause to be printed the requisite of official ballots, talley sheets and other necessary fo c. ~urnish and address to mail o ballots to the qualified electors of the Community Fa1 District. D. Cause the official ballots to bc and/or delivered, as required by law. E. Receive the returns of the elecl supplies. F. Sort and assemble the election and supplies in preparation for the canvassing of the ret I * 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 m I w G. Canvass the returns of the election. H. Furnish a tabulation of the num votes given in the election. I. Make all arrangements and ta necessary steps to pay all costs of the election incui result of services performed by the District and pay co expenses of all election officials. J. conduct and handle all other n relating to the proceedings and conduct of the election manner and form as required by law. NOTICE SECTION 17. That the City Clerk is hereby ord certify to the passage of this Resolution and shall cau Resolution to be published once a week for two successi~ in the CARLSBAD JOURNAL. This Resolution shall constit notice of the special bond election and authorization tc special tax. PASSED, APPROVED AND ADOPTED by the City Council Special City of Carlsbad at its/regtt*=- meeting held on the 2 January , 1991, by the following vote, to Of AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nyk NOES: None ABSENT: None ' //7 /p,/ p//, ,I // i /fG- ,: i, I" , ,' <r--7 1 CLAUDE A. LEWI'S,- 'Elayor ATTEST: fLlLLi5.- 2 K&L=- ALETHA L. RAUTENKRANZ, citb Clerk (SEAL) * e e STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Assistant I. I .’. (:it\ (:Ierk of tlrr (:itv of (::u.lsl)ad, (:oritit!. of Snn I>ic,go, Stat<> of (:ill II(~~I)?. c.cirtify tliiit I ~iiivc, csoiiipnrcltI tile forcgoirig copy witli tliv origiiial Re~olutiO~. 91-30.. piis: ~tIo1)tc~I I)!, s;iitI (:it?. (;oiiiieiI, iit .. .. s...sP.c~%.~~ . ..... iricr+ng tIirmwf, at tIic. titiiv anid I)y ttit. votc st:it(’cl. wliicli origiri:il Resol.UtiQn. .... ..... i.s riow on filv in III~ oHic~: tli;it tlic. siiiiie contairis ii h :I I I( 1 cwn~ t t rii 1isc.i-i pt t I KT(~ )I i I :tiid ()f t hc, \vhole t I icw~( d. \i’itiicss iii)‘ Iiaii(1 ;iii(~ tli[* scx~ of saici (;ity of (;;irIsIxicl, tliis .3LSt (lay of ... January. ,... 199.1 ......... (sl,;:\l, I Ashs +-$&c$. t ant