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HomeMy WebLinkAbout1993-06-15; City Council; 12267; CARLSBAD UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2 ELECTION& Q.2 2 0 i= 0 a =! 0 z 3 0 0 AB# J%%bq DEPl DEPT. -.+qq FACILITIES DISTRICT NO. 2 ELECTION CITY RECOMMENDED ACTION: MTG. ciip3 CARLSBAD UNIFIED SCHOOL DISTRICT COMMUNITYC~TY Adopt Resolution No. 4 3 - 16 9 authorizing the Mayor to abstain from voting in t Carlsbad Unified School District Community Facilities District No. 2 special election finance school facilities. ITEM EXPLANATION: In September 1992, the Carlsbad Unified School District (CUSD) began the authorizati process for their second Community Facilities District (CFD). The District's first CFD M used to construct Aviara Oaks School and, as homes are built in the Aviara developme the school district collects special taxes from home buyers. The second school district CFD is to fund the construction of up to $250 million of schc improvements within the rest of the school district's boundaries. The improvements will constructed as vacant land develops and additional schools are needed. After holding put hearings and following the processes spelled out in State law, CUSD approved the formati of the second CFD in January 1993. The current boundaries of the school district CFD No. 2 are similar to the City's CFD a total approximately 2,625 acres. Several property owners including Fieldstone, Lucia Ke Sipple and Kaiza Poinsettia Corp. protested their inclusion in the district and were exclud from the CFD at this time. Eventually the boundaries of CFD No. 2 will correspond to 1 school district's boundaries, with an annexation procedure in place to allow owners to eas annex as land moves through the development process. Properties participating in the CUSD CFD No. 2 will be deemed by the school district having met their school requirements. Properties not participating will be required to anr before the school board will find that they have met their obligation. The CUSD tax formula allows the pass through of special taxes to the homeowner. Initial the annual tax on homes will range from $498 for a 1,200 square foot or smaller dwelli to $1,079 for a dwelling 3,200 square feet or larger. Each year the tax will escalate at I greater of 2% or the Building Cost Index at a maximum of 8% per year. The CUSD CFD No. 2 has been formed and established. The school district is holdinl special election to authorize financing the cost of the school facilities by an annual spec tax and to authorize issuing a maximum of $250 million indebtedness. Because there z fewer than 12 voters living within the district, votes are allocated on the basis of acrea owned. The City received a ballot because one City-owned parcel (Poinsettia Park) is included CFD No. 2 boundaries. The City's vote represents 30 acres or 1.1% of the total vote. Ma. property owners are located in Zones 14 and 15 and include LyodCopley Associat Virginia K. Robertson and Kelly Trust, Carlsbad Development Company, and Mandana ( Company. 9 PAGE TWO OF AGENDA BILL NO. I xl /ab '? The school district CFD No. 2 exempts existing lots (subdivided parcels), and land on whi a single family dwelling is the final use. In place of CFD taxes, these properties will p school fees. Land owned by public entities is also exempt from the special tax; therefoi the City has no tax obligation. However, the City has an opportunity to cast a vote. TI City's options are to: a) b) c) Vote yes - in favor of levying the special tax and issuing the debt Vote no - against the special tax and issuing the debt Abstain from voting in the election Several points for Council consideration are: 1) The CUSD CFD allows the pass through of the special tax to the homeowner. T City has opposed this feature in the past and no pass through to home buyer allowed in the City CFD. There currently is a legal question as to whether or not schools can for participation in a CFD as a means of exacting more funds from developers th( would be allowed by State law. The issue of school financing will be broug before the voters under Assembly Constitutional Amendment (ACA) 6 in the Ju 1994 election. ACA 6 will allow school districts to issue bonds with a majorii rather than two-thirds, affinnative vote of the electorate. Authorization of the school district to issue $250 million in debt through the CU$ CFD No. 2 may impact the City's ability to issue other debt. The City will not be taxed under the formula; therefore, it may be inappropriate f the City to cast a vote, even though the law clearly allows the City the right to VOI Council may wish to support the School Board in its efforts provide schools throul the CFD. 2) 3) 3) 4) Staff recommends that Council abstain from voting in the election. Since the City is exem from the CFD No. 2 tax, staff recommends that the decision to allow special taxes rema in the hands of property owners whose land will be impacted by the tax. FISCAL IMPACX The Carlsbad Unified School District CFD No. 2 has no direct fiscal impact to the Cii However, the school district has intended that CFD No. 2 would be formed to provic funding for school facilities needs through build-out in Carlsbad. CFD No. 2 would put in place financial resources for school construction as growth occurs within the school distric EXHIBITS: 1. Resolution No. 0s 3 e 1 Le 7 authorizing Council's vote in the Carlsbad Unified Scho District Community Facilities District No. 2 special election. Voter information from the County Registrar of Voters. Official Ballot, Carlsbad Unified School District Community Facilities District No. 2. 3. on file in the City Clerk's Office. ,. * 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 93 - 169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO ABSTAIN FROM VOTING IN THE CARLSBAD UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2 SPECIAL ELECTION WHEREAS, the City of Carlsbad om parcel 214-140-13 which is within the boundaries of the Carlsbad Unified School District Community Facilities District No. 2; and WHEREAS, the City Council of the City of Carlsbad, California has received a ballot in the school district special election; and WHEREAS, the City will not be required to pay Carlsbad Unified School District Community Facilities District No. 2 special taxes; and WHEREAS, the City Council has directed the Mayor to vote on behalf of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: /// /// /// /// /// /// /// /// c 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 0 1. That the Mayor is authorized by the City Council to abstain from voting in the Carlsbad Unified School District Community Facilities District No. 2 special election. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 15th day of JUNE , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, NOES: None ABSENT: None ATTEST: (SEAL) am&” bp P&- ALETHA L. RAUTENKRANZ, city cIe$ /=-KAI+A,* 7- 4 0 0 CO"Y ~OFYOTERI B. McCORUACK aolxntg of $&ut piego OFFICE: (6 (6 TDD: (6 FAX: (6 Location coda REGISTRAR OF VOTERS INGRID E. GONZALES AslSTMREasTRLR 5201 RUFAN ROAD, SUITE I, SAN DIEGO, CALIFORNU 92123-1693 CARLlSRAD UNIFIED SCHOOL DISTRICT CO-TY PACILITIBB DISTRICT NO. 2 LA"ga RLECTIOM JUNE 22, 1993 Dear Voter: The Governing Board of the Carlsbad Unified School Districl ggDistrict*l) has called a Combined Community Facilities District E: for the Carlsbad Unified School District, Community Facilities D: No. 2 (the lgCommunity Facilities District"). This is an all-mail landowner election. The ballots are being mailed to the pers entities listed on the San Diego County Assessorfs last eqI assessment roll as updated by information known to the District rec ownership, YOU WILT, R ECEIVE ONE SWOT REPRESENTING THE TO= ACREAGE FOR EACl OF PARCETS SH OWN ON THE ASS- UNQER 4N IDmTICAL N4 ADDRESS. The ballots are being distributed based on the nam addresses designated on the assessment roll or as otherwise combii voting purposes. Every holder of title to land situated within thc Community Facilities District or his or her legal representati entitled to vote. Each qualified voter has been issued one ballol entitles that voter to vote his or her total acreage of. land, ballot is allotted a specified number of votes depending 01 acreage. Each acre or portion thereof is worth one vote. the County of Sari Dieao not later than 5:OO D.L, June 22. 19 POSTMARK DA TE IS NOT ACCEPTABLEL You must use the enclosed envelo] mailing or your ballot may be delivered, in the envelopes, to the of the Registrar of Voters of the County of San Diego, 5201 Ruffii Suite I, San Diego, California 92123, If you have any questions, please call (619) 694-3405. I Please note that your ballot-t received bv the R eaistrar of Vol Very truly yours, CONNY B. McCORMACK Registrar of Voters Barbara Walther Campaign Services e 0 -BAD UNIFIBD SCHOOL DISTRICT CO-TY FACILITIm DISTRICT NO. 2 LANDOMNBR ELECTION JUNE 22, 1993 INSTRUCTIONS TO LWDOMNBR VOTERIS California election laws permit the Registrar of Voters to furnish voter with a mailed ballot in order to eliminate the costs 01 election board, polls, and supplies, Therefore, no polling places established for this election. Your package contains: 1. Letter to Voter 2. 3. Official Ballot 4. Sample Ballot 5. Election Material - Impartial Analysis 6. Voter Authorization Certificate 7. White Return/Identification Envelope 8, Blue Return Envelope Instructions you are now reading Tax Rate Statement SI Argument (for postage paid mailing) VOTING XNSTRUCTIONS: STEP 1. To vote on a measure, mark a cross (+) in the square a STEP 2. Detach stub in the upper left-hand corner and keep as receipt . STEP 3. Fold and insert VOTED BALLOT into the white Ret Identification envelope. STEP 4. COMPLETE the information requested on- the white envel This is a requirement of the California Elections Code ar the California Government Code. the word @tYes@@ or after the word @@Noo@. STEP 6. Return your VOTED OFFICIAL BALLOT by mail (in the envelope) or in person to the Registrar of Voters Office. be valid, ballots must be received by 5:OO p.m. on Elec Day, Tuesday, June 22, 1993. POSTMARKS ARE NOT ACCEPTED. YOU MAY VOTE AND/OR TIIRN XN YOUR OFFICIAL BALLOT TO: REGISTRAR OF VOTERS 5201 Ruffin Road, Suite I San Diego, CA 92123 PHONE (619) 694-3405 SPOIUD OR DAMAGXD BAUOTS: If you have spoiled or damaged ballot, please call the Registrar of Voters Office at 694-3405 information. 0 0 COUNTY COUNSEL'S IMPARTIAL ANALYSIS The Board of Trustees of the Carlsbad Unified School District has established a Community Facilities District (CFD Nc 2) within a portion of its boundaries for the purpose of acquiring, constructing, expanding and rehabilitating school sites and school facilities to meet increased demands resulting from development occurring within CFD No. 2. In order to carry out this purpose, Proposition A provides for: (1) Thl issuance of bonds in an amount not to exceed $250,000,000; (2) the imposition of a special tax to pay for the school sites and school facilities, and/or to pay the principle and interest on the bonds and incidental expenses: and (3) the establishment of an appropriations limit for CFD No. 2 to permit the expenditure of the special tax proceeds. acquisition and construction of school sites and school facilities, The maximum term of the bonds could not exceed for1 years. The interest rate on the bonds would be established at the time of sale, but could not exceed 12% per year. assessor's parcel of developed property in CFD No. 2. The special tax would not be levied on undeveloped property. Developed non-residential property would be subject to payment only of a one-time special tax, collected at the time of issuanc of a building permit, calculated on the basis of an amount per square foot of chargeable covered and enclosed space. Developec residential property would be subject to an annual special tax, the amount of which varies dependent upon the square footage of the housing area. Lower rates are applicable to senior citizen housing and manufactured homes or mobile homes located within parks or subdivisions limited to older persons. The special tal would increase by two percent for each fiscal year. The specia: tax would terminate twenty-five years after the first year in which it was levied on each developed assessor's parcel. The special tax would be collected in the same manner and at the saxi time, and would be subject to the same penalties and procedures upon delinquency as for ordinary ad valorem taxes. A more comprehensive statement of the tax rate and method of apportionment of the special tax for CFD No. 2 can be found in Exhibit C to Resolution No. 21-9293 of the Carlsbad Unified School District, which is on file at the administrative offices of the District. The proceeds from the bonds would be used to finance the The special tax would be applicable to each non-exempt In order to spend the tax proceeds, it is necessary to establish an appropriations limit for CFD No. 2. The annual limit which would be established for CFD No. 2 is $250,000,000. 1 W W The election is being conducted by mailed ballot and is a landowner voter election. Each landowner has one vote for each acre or portion thereof that he or she owns within CFD No. 2. two-thirds affirmative vote is required in order for CFD No. 2 tc levy the special tax. A "yes11 vote is a vote in favor of authorizing CFD No. 2 to levy an annual special tax, incur bonded indebtedness, and establish an appropriations limit. an annual special tax, incur bonded indebtedness, and establish an appropriations limit. A A llnol* vote is a vote against authorizing CFD No. 2 to levy 93-00226 2 PROPOSITION A d Shall Community Facilities District No. 2 of the Carlsbad School District be authorized to finance the cost of school facilities, through the annual levy of special taxes on property as set forth in Resolution No. 214293 of the Carlsbad Unified School District, and shall Community Facilities District No. 2 be authorized to incur bonded indebtedness in a maximum amount of $25O,OOO,OOO to finance such facilities and shall an appropriations limit be established for Community Facilities District No. 2 as described in Resolution No. 21-9293? YES NO L w 0 ARGUMENT IN FAVOR OF PROPOSITION A Community Facilities District No. 2 will provide school facilities for Carlsbad Unified School District through build-out of the City. It is designed to meet the school needs of the maximum residential units which might be constructed under the City of Carlsbad quadrant caps, yet levies a tax only on those units actually constructed so the areas involved are & overtaxed, It does not levy a vacant land tax, nor a tax for replacement units, additional construction on the same house, or a single unit on a single parcel subdivided prior to June 22, 1993, nor a tax on commercial construction. The tax is designed to provide both the land and construction for two K-8 and four K-6 master planned future schools and reconstruction on current facilities to expand their capacity, SHARON FAITHFUL MARK PACKARD Board Member Board President ARGUMENT AGAINST PROBOGITION A No argument against the proposition was filed in the Office of the Registrar of Voters. v 0 NOTE: Voter must provide date and place of execution of certificat signature of voter, printed name and address of voter. VOTER AUTHORIZATION CERTIFICATION Election Name: Carlsbad Unified School District Combined Communitv Facilities District No. 2 Election Date: June 22, 1993 Landowner's Name: Landowner's Address: The undersigned declares under penalty of perjury that he/& the authorized representative of the above identified landr entitled to vote and that the name of the undersigned appears 01 flap of the Official Voter's Ballot Return Identification Envelop1 This declaration is made on , 1993 at Date: Signature of Voter: Printed/Typed Name of Voter: Address of Voter: T R- 0 I STATEMENT IN COMPLIANCE WITH ELECTIONS CODE SECTION 5300 TO 5304 - SPECIAL COMBINED ELECTION OF THE CARLSBAD UNIFIED SCHOOL DISTRICT JUNE 22, 1993 COMMUNITY FACILITIES DISTRICT NO. 2 - d An election is being held in Community Facilities Distri 2 of the Carlsbad Unified School District (the "District") on 22, 1993, for the purpose of submitting to the qualified vote the District the questions of whether or not the District sha authorized to issue and sell bonds in an amount not to exceed $250,000,000 to finance certain public facilities, including construction of school facilities and other related facilitie the planning and design -work related thereto (the "Facilities The qualified voters are also being asked to approve the levy special tax on land within the District to pay for the Facili and to repay the bonded indebtedness. The bonds will bear interest at a rate or rates establis the time the bonds are sold. The bonds may be sold in one or series and may be soid at a fixed or variabie interest rate, provided that such interest rate shall not exceed the maximum permitted by any then applicable provision of law limiting th maximum interest rate on the bonds. If the bonds are authorized and sold, the principal ther interest thereon will be payable from the proceeds of tax lev ("Special Tax") made upon the Taxable Property in the Distric following information regarding tax rates is given to comply Section 5300 to 5304 of the Elections Code. The tax rate and method of apportionment of the Special adopted by the Board of Trustees, provides as follows: A Special Tax applicable to each Assessor's Parcel in Cc Facilities District No. 2 (herein, "CFD No. 2") shall be levi collected according to the tax liability determined through t application of the appropriate amount or rate for "Developed Property" as described below. It is the intention of the Carlsbad Unified School District t participation in CFD No. 2 shall constitute full mitigation c school facility obligations. REA/8033 02/03/93 w A. DEFINITION8 "Assessor's Parcel" means a parcel of land as designated a map of the San Diego County Assessor and which parcel has assigned a discrete identifying number. "Board" means the Board of Trustees of the Carlsbad Unifie School District. "Developed Property" means all Assessor's Parcels in CFD N for which a foundation building permit has been issued as March 1, of the preceding Fiscal year, but not prior to Ju 22, 1993. "Dwelling Unit" means one or more habitable rooms which ar occupied or which are intended or designed to be occupied one family with facilities for living, sleeping, cooking a eating. "Housing Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount the square footage within the perimeter of a residential structure shall be calculated by the building department c city or county issuing the building permit, in accordance the standard practice or' that city or county in calculatir structural perimeters. "Initial Fiscal Year" applies only to Developed Residentia Property and means the Fiscal Year in which the Special Ta will first be apportioned and levied on an Assessor's Parc Developed Residential Property. "Initial Maximum Special Tax" means the maximum Special T2 that may be levied on Developed Residential Property in tk initial Fiscal Year. "Non-Residential" shall apply to property other than Residential property, zoned for commercial/industrial or c non-residential uses. "Residential" shall apply to all property other than Non- Residential property. "Taxable Property" is all of the parcels within the bounde of CFD No- 2 which is not exempt from the Special Tax purs to law. "Undeveloped Property" means all Taxable Property in CFD b not classified as Developed Property. -2- REA/8033 02/03/93 - 0 ,. B. ASSIGNMENT OF LAND USE CLASS On July 1, of each year, all Taxable Property within CFD shall be categorized either as Developed Property or as Undeveloped Property and shall be subject to tax in acco: with the rate and method of apportionment determined purr to Sections C and D below. For purposes of determining the applicable Maximum Speci, pursuant to Section C, Developed Property shall be categi either as Residential on Non-Residential. C. MAXIMUM SPECIAL TAX RATE 1. Developed Residential Property Each Developed Residential Property shall be subjec one of the following Maximum Special Tax rates as applicable: (a) Initial Special Tax: The maximum Special Tax rate applicable to any Developed Residential Property for the Initial Year shall be the then effective Initial Speci for the Housing Area for such property. The Initial Special Tax for the Fiscal Year commencing July 1, 1993, is as follows: Senior Citizen Housing and Manufactured Home or Mobile- Initial Special home Located Within Park or for All Other D Housing Area Subdivision Limited to Older Residential Pro (Sq. Ft.) Persons (Per Dwelling Unit) (Per Dwelling U Over 3,200 $180 $1,079 2,801 - 3,200 166 996 2,401 - 2,800 152 9 13 2,001 - 2,400 138 830 1,201 - 1,600 111 664 1,200 and less 83 498 1,601 - 2,000 125 747 Commencing July 1, 1994, the above Initial Spe Tax rates for each Fiscal Year shall be subjec escalation by an amount equal to the percentag increase in the Building Cost Index, but not 1 than 2% nor more than 8%, for the preceding Fj Year multiplied times the Initial Special Tax such preceding Fiscal year. -3- REA/8033 02/03/93 w (b) Annual Special Tax: For each Fiscal Year following the Initial Fiscz Year for any Developed Property, such property E be subject to an Annual Special Tax which shall the Initial Special Tax for such property subjec escalation at an amount equal to 2% per Fiscal 1 (c) Limitations: The following developed property shall be exempt the special tax: (i) Property on which any dwelling unit or con facility for condominium or apartment unit which existed prior to June 22, 1993, and which floor area additions, remodeling or rehabilitation has occurred after June 22, 1993. A dwelling unit or common facility for condominium and apartment units which rep1 a dwelling unit or common facility for condominium and apartment units on the sa1 assessorfs parcel, which existed prior to 22, 1993. (iii) A parcel which had a separate and distincl assessorfs parcel number assigned to it, i June 22, 1993, on which one dwelling unit may be constructed. The payment of the One-Time Special Tax a1 of issuance of a building permit on develc non-residential property shall extinguish subsequent annual special taxes for said property within the CFD. (ii) This developed property will result in payment ( fees in accordance with Chapter 4.9, Division 1, Title 7 of the Government Code or any other fee: permitted by law. 2- Developed Non-Residential Property Each Undeveloped Non-Residential Property which becoi Developed Non-Residential Property on or after June : 1993, shall be subject to a One-Time Special Tax of ! per square foot of chargeable covered and enclosed SI for the Fiscal Year commencing July 1, 1993. For eac Fiscal Year thereafter, the One-Time Special Tax sha. increased by an amount equal to the percentage increi the Building Cost Index, but not less than 2% nor mol -4- REA/ 8 03 3 02/03/93 - *. 0 ,. than 8%, for the preceding Fiscal Year multiplied t the Initial Special Tax for such preceding Fiscal y The One-Time Special Tax shall be collected at the issuance of building permit. The payment of the One-Time Special Tax at time of issuance of a building permit on developed non-resi property shall extinguish all subsequent annual spe taxes for said property within the CFD. 3. Undeveloped Property The Board shall not impose any Special Tax on Undev Property or land owned by or dedicated to or irrevo offered for dedication to a public agency. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO DEVELOPED PROPERTY Starting in Fiscal Year 1993-94 and for each following F Year, the Board shall determine the amount of money to b collected from Taxable Property in CFD No. 2 in the Fisc Year. The Board shall levy the Special Tax as follows u the amount of the levy equals the amount to be collected Special Tax shall be levied on Developed Property, exclu property exempt from Special Taxes pursuant to law, at t Maximum Special Tax Rate ifor each parcel of Developed Pr for such Fiscal Year determined by Section C. E. PREPAYMENT OF SPECIAL TAXES 1. Prepayment of Special Taxes on Developed Property The Special Tax applicable to any Assessor's Parcel Developed Property may be prepaid and permanently satisfied at any time. The amount required to preF special tax for an Assessor's Parcel ("Prepayment A shall be an amount equal to: (a) the present value of the Maximum Special Tax applicable to such Assessor's Parcel calculate interest rate equal to eight percent (8%) for period of 25 years; plus (b) unpaid special taxes, interest and penalties, which have been entered on the assessor's tax and (c) an administrative fee., A calculation will be provided of the Prepayment Am the owner or prospective purchaser of an Assessor's within fifteen (15) days after a written request tk -5- REA/ 8 0 3 3 02/03 193 v. 0 2. Termination of Special Tax Lien Upon Payment Upon payment of the Prepayment Amount with respect I Assessor's Parcel, a Notice of Cancellation of Spec. Lien as to the applicable Assessor's Parcel will be recorded. F. MANNER OF COLLECTION It is intended that the Special Tax will be collected in same manner and at the same time as ordinary ad valorem : property taxes. G. TERMINATION OF LEVY OF ANNUAL SPECIAL TAX Provided that special taxes previously levied on an Asse Parcel are not delinquent, the lien of special taxes of District shall terminate as to such Assessor's Parcel at close of the twenty-fifth (25) Fiscal Year following the (1st) Fiscal Year in which such Assessor's parcel was ta Developed Property. B. REVIEW/APPEAL BOARD A Review/Appeal Board shall be established to review the application of Special Taxes asserted to be in error or incorrectly applied. The full text of the 'final Rate and Method of Apportionment o Special Tax proposed to be levied in CFD No. 2 is set forth i Resolution No. 21-9293 of the Carlsbad Unified School Distric -6- REA/8033 02/03/93 -? /=x/-, <-&#*/--d MARK CROSS (+) ON BALL I I I I I ' Tear off this stub before r at rning ballot in the Return/ldentification envelope. IC27 BALLOT MAY BE MARKED WITH PEN OR PENCIL Number of Votes Entitled to be Cast: I HAVE VOTED - HAVE YOU? -- --- - - -- OFFICIAL BALLOT CARLSBAD UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2 SPECIAL MAIL BALLOT ELECTION Number of Votes Entitled to be Cast: COMBINED COMMUNITY FACILITIES DISTRICT ELECTION Tuesday, June 22, 1993 INSTRUCTIONS TO VOTERS To vote on any measure, mark a cross (+) in the voting square after the word YES or after the wo NO. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrong mark, tear or deface this ballot, call the Registrar of Voters Office at (619) 694-3405 to obtain second ballot. MEMURE SUBMITTED TO VOTE OF VOTERS PROPOSITION A Shall Community Facilities District No. 2 of the Carlsbad Unified School District be authorized to finance the cost of school facilities, through the annual levy of special taxes on property as set forth in Resolution No. 21-9293 of the Carlsbad Unified School District, and shall Community Facilities District No. 2 be authorized to incur bonded indebtedness in a maximum amount of $250,000,000 to finance such facilities and shall an appropriations limit be established for Community Facilities District No. 2 as described in Resolution No. 21-9293? YES NO C6USDMB.SAM +XI om m, 02 w: mw Zm ma 05 03 zo r> x=! mo <z aE! Fg is E% 8 br zm a B 33 W I 1 - 1‘ -7 - - - - - - - - - - - - - - - - - - - - - - - - Q - ?2 - i*1 - - - - - - f‘h e - <; 4%, w .& !.& B - I_ ,.f g 0 ? - - .z +- 3 [ii 7 > - $@ 2”. p - ::’I f2 {;! a - “J PA ;g - - p; ,J m %T -2 ,J :>; j.2 ei w .J g rz .$ z 4 *& B $4 YI gi .. r-q ,-m c 2 c i- c 3; Pd p. .. 3; -3: r;t .%y .e* F-Li - - - 0 Y - - P - &2 *.I .-. - - - - - - - - e..* IL -4 OFFICIAL BALLOT RETURN/IDENTIFI~TIOH ENVELOPE TO BE OPENED ONLY BY CANVASSING BOARD VOTIYG TUICE CONSTITUTES A UlXUE I declare, under penalty of perjury, that I am the owner of record or the authorized representative of the landowner entitled to vote. Name of Landowner Address of Landowner City, State, Zip Code Voter Name (Printed) Voter Address City, State, Zip Code Date Place of Signing X Voter Signature 0 0 Born, -SON, KADI, WILES &L GJA"0NE A PAR-~JERSMP INCLUDING A PROFESSIONAL RATION 4920 CAMPUS DRIVE NEWPORT BEACH, cALIFoRNL% 92660 AREA CODE 71 ALEXANDER BoWIE* TELEPHONE 85 1- FAX (714) 851-21: JOAN C. ARNESON WILLIAh41. KADI WENDY H. WILES PATRICIA B. GIANNONE ROBERT E. AWLO'Jlr DARLENE L. KING 3042.7 ERIC R. DOERING KENNETH S. LEVY ART0 J. NUUT" RES OUR FILE MARY K. DENNIS December 15, 1992 * A PROF€SSIONALCORFORATKN Ms. Lee Rautenkranz City Clerk of the City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Proposed Community Facilities District No. 2 of the Carlsbad Unified School District and Proposal to Annex Territory in the Future to Community Facilities District No. 2 of the Carlsbad Unified School District - Filing Pursuant to Government Code Section 53315.6 Dear Ms. Rautenkranz: Pursuant to actions taken at the meeting of the Board of Trustees of the Carlsbad Unified School District on November 18 1992, certain public hearings regarding the formation of proposc Community Facilities District No. 2 of the Carlsbad Unified School District (IlCFD No. 211) and regarding the intention to annex territory in the future to CFD No. 2 have been continued t January 13, 1993. Pursuant to Government Code Section 53315.6, please find enclosed with this letter two copies each of the following notices: 1. Notice of Continuance of Public Hearings on Formation of Proposed Community Facilities District No. 2 of the Carlsbad Unified School District, Authorization of Special Tax and Bondec Indebtedness of Proposed Community Facilities District No. 2 and a Negative Declaration; and Notice of Continuance of Public Hearing on Intention to Annex Territory in the Future to Community Facilities District No. 2 of the Carlsbad Unified School District. 2. e 0 Born, ARNESON, KADI, WILE3 &X ~IA"0~ Ms. Lee Rautenkranz City Clerk of the City of Carlsbad December 16, 1992 Page 2 Pursuant to the foregoing Government Code Section, and pursuant to Public Resources Code Section 21092.1, we request that the notices be filed with your offices and posted as required by th appropriate code sections. copy of each such notice be conformed as to filing and returned to our office in the envelope provided for your convenience. We further request that the second If you have any questions or comments with regard to this matter, or if there is some difficulty in completing the filing and returning of the conformed copy, please contact the undersigned immediately. Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE &Le BY Robert E. Anslow REA: pks Enclosures cc: (w/o enclosures) John Blair Tom Meade Galen Peterson I' 0 0 NOTICE OF CONTINUANCE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT NOTICE IS HEREBY GIVEN that the public hearing called by Resolution No. 14-9293 of the Carlsbad Unified School District adopted on September 30, 1992, entitled llResolution of the Boa of Trustees of the Carlsbad Unified School District Declaring Intention to Annex Territory in the Future to Community Facilities District No. 2" (IICFD No. 2(*) that was opened on November 18, 1992, has been continued to a meeting of the Boar of Trustees to be held on January 13, 1993, at 7:30 p.m. at th Carlsbad City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Said public hearings will be conducted to receive public comments and protests regarding th proposal to annex territory in the future to Commnity Facilit District No. 2 of the Carlsbad Unified School District. NOTICE IS FURTHER GIVEN that at said hearing on January 1 1993, the testimony of all interested persons for and against . proposed future annexations of territory to CFD No. 2 will be heard. Written protests or comments may be filed with the Clerk I the Board of Trustees of the Carlsbad Unified School District i or before the time of said public hearing and may be mailed anc delivered to the Clerk at the following address: Clerk of the Board of Trustees Carlsbad Unified School District 801 Pine Avenue Carlsbad, California 92008 Dated: /4q/4 z/ ste Clerk of the Board of &&u 6f the Carlsbad Unified Scho District ,dLx&, xi REA/ 8 02 3 11/ 2 O/ 92 * e 0 NOTICE OF CONTINUANCE OF PUBLIC HEARINGS ON FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2 OF CARLSBAD UNIFIED SCHOOL DISTRICT, AUTHORIZATION OF SPECIAL TAX AND BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2 AND ON NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the public hearings called by Resolution No. 12-9293 of the Carlsbad Unified School District, adopted on September 30, 1992, entitled, IfResolution of Intention of the Board of Trustees of the Carlsbad Unified School District to Establish Community Facilities District No. 2 ("CFD No. 2") and to Authorize the Levy of a Special Tax Within Community Facilities District Nc 2 of the Carlsbad Unified School District", and by Resolutior No. 13-9293 adopted sn SsFterhel: 30, 1992, eritftlea "Resolution of the Board of Trustees of the Carlsbad Unified School District Declaring Necessity to Incur Bonded Indebtedness in the Amount of $250,000,000 within Proposed Community Facilities District No. 2 of the Carlsbad Unified School Districtt' that were opened on November 18, 1992; have been continued to a meeting of the Board of Trustees to be held at 7:30 p.m. on January 13, 1993. The public hearings c January 13, 1993, will be held at Carlsbad City Council Chambers, 1200 Carlsbad Village Dr., Carlsbad, California 92008. Said public hearings will consider the establishment of proposed CFD No. 2; the levy of a special tax within proposed CFD No. 2 and the incurring of bonded indebtedness within CFD No. 2 in an amount not to exceed $250,000,000. Resolution No. 12-9293, including the proposed Rate and Metho of Apportionment of the Special Tax for CFD No. 2, as amended by Resolution No. 17-9293, adopted on November 18, 1992, and Resolution No. 13-9293, are on file with the Clerk of the Board of Trustees of the Carlsbad Unified School District and are available for inspection upon request. NOTICE IS FURTHER GIVEN that at said hearings on January 13, 1993, the testimony of all interested persons or taxpayer for or against the establishment of proposed CFD No. 2; the extent of CFD No. 2: the proposed specizl tax, or the furnishing of the types of public facilities provided for in Resolution No. 12-9293 will be heard. If 50 percent (50%) or more of registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in proposed CFD No. 2, or the owners of one-half or more of the area of land in the territory proposed to be included in CFD No. 2, file written protests against the establishment of CFD No. 2, and protests are not withdrawn so as to reduce the value of the protests tc less than a majority, no further proceedings to create proposed CFD No. 2 or to levy the specified special tax may bt taken for a period of one year from the date of the decision REA/ 8 02 2 11/20/92 e * of the Board of Trustees of the Carlsbad Unified School District. If the majority protests of such registered voters or landowners are only against the furnishing of a specified tyl or types of facilities within proposed CFD No. 2, or against levying a specified special tax, those types of facilities 01 the specified special tax will be eliminated. Written protests or comments may be filed with the Clerl of the Board of Trustees of the Carlsbad Unified School District at or before the time of said public hearings, and they may be mailed or delivered to the Clerk at the followin? address : Clerk of the Board of Trustees Carlsbad Unified School District 801 Pine Avenue Carlsbad, Califorzia n- 7LO08 NOTICE IS FURTHER GIVEN that at the time and place of said hearing specified above any person interested, includinc all persons owning property in the area of proposed CFD No. 2 will be heard upon the issuance of bonded indebtedness for CE No. 2 in the amount and for the purposes set forth in Resolution No. 13-9293. NOTICE IS FURTHER GIVEN pursuant to the California Environmental Quality Act Guidelines Section 15072 that the public hearing to be held by the Board of Trustees of the Carlsbad Unified School District regarding the adoption of a Negative Declaration for that project entitled “Formation of Community Facilities District No. 2 of the Carlsbad Unified School District and Authorization for Imposition of Tax and Bonded Indebtedness”, as described in the Notice of Preparation of Negative Declaration dated September 30, 1992, was opened on November 18, 1992, and has been continued to a meeting of the Board of Trustees to be held on January 13, 1993, at the time and place referenced above. Copies of the Notice of Preparation of Negative Declaration and information regarding this project are available from the Clerk of the Board of Trustees at the address referenced above, or by contacthq Mr. Zahn Blair, (916) 434-06,O. DATED: / z /djqL - 1 i &LL&Wb 4zL@:qw~ Clerk of the Board og’Trustees of the Carlsbad Unified School District -2- REA/ 8 02 2 11/ 2 0/9 2 e 0 Born, ARNESON, KADI, WILES &z GLANNONE A PARR\IERSHI~ INCLUDING A PROFESSIONAL coRPOR4TIoN 4920 CAMPUS DRNE NEWFORT BEACH, CALIFORN~ 92660 AREA CODE 71 ALEXANDER BOWIE* TELEPHONE 85 1 I 1 FAX (714) 851-20 JOAN C. ARNESON WILLIAM I. KADI WENDY H. WILES PATRICIA B. GIANNONE ROBERT E. ANSLOW DARLENE L. KING 3042.7 ERIC R DOERING KENNETH S. LEVY MARY K. DENNIS REF. OUR NE mT0 J. NUUTINEN October 14, 1992 *A PROESIONAl CORpoRAnON Ms. Lee Rautenkranz City Clerk of the City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Filing Pursuant to Government Code Section 53315.6 - Community Facilities District No. 2 of the Carlsbad Unified School District Dear Ms. Rautenkranz: The Board of Trustees of the Carlsbad Unified School District has adopted Resolution No. 11-9293 declaring its intention to form a community facilities district pursuant to tl Mello-Roos Community Facilities Act of 1982, as amended, a portion of which community facilities district is within the boundaries of the city of Carlsbad. Pursuant to Government Cod( Section 53315.6, please find enclosed with this letter two (2) copies of Resolution No. 11-9293 of the Carlsbad Unified School District. Pursuant to the foregoing Government Code Section, WI request that one copy of the Resolution be filed with the City Clerk's Office as required under the statute. We further reque: that the second copy of the Resolution be conformed as to filinc and returned to our office in the envelope provided for your convenience. If you have any questions or comments with regard to this matter, or if there is some problem in completing the filing an( e 0 BOWIE, &WESON, KADI, WILES & GLANNONE City Clerk of the October 14, 1992 Page 2 City of Carlsbad returning of the conformed copy, please contact the undersigned immediately. Very truly yours, BOWIE, ARNESON, KADI, WILES 61 GIANNONE BY Robert E. Anslow REA/j j Enclosures cc: Mr. Tom Meade Mr. Galen Peterson Mr. John Blair /qQ.&A /o / /5 0 9 fAGAL' 0 &.kW RESOLUTION NO. 11-9293 RESOLUTION OF INTENTION OF THE BOARD OF TRUSTEES OF THE CARLSBAD UNIFIED SCHOOL DISTRICT TO ESTABLISH COMMUNITY FACILITIES SCHOOL DISTRICT AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY UNIFIED SCXOOL DISTRICT DISTRICT NO. 2 OF THE CARLSBAD UNIFIED FACILITIES DISTRICT NO. 2 OF THE CARLSBAD WHEREAS, the Board of Trustees (the f9Board") of the Carlsbad Unified School District (in some instances referrec to herein as the ItDistrict") intends, on its own initiative, to institute proceedings for the establishment of a communit facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the lrAct") to provide funds to plan for, design, acquire, construct, lease, expand, improve, rehabilitate and finance the costs of school-facilities, real or other tangible property with an estimated useful life of five years or lona and fees authorized to be funded pursuant to the Act; and funded pursuant to the Act and the provisions thereof includ but are not limited to school sites and school facilities. This shall include costs of acquisition, construction, expansion, relocation, rehabilitation, leasing or purchasing of interim relocatable and permanent school facilities including central support, administrative, special education buses, furniture and equipment and the required site(s) therefor and appurtenances thereto, including, but not by wa of limitation, the planning and design work related thereto, as well as property, easements and rights of way, the cost o leasing or purchasing completed facilities, as shall be further identified in the Community Facilities District Repo' (discussed below) filed with the Clerk of the Board, and the costs of financing a11 such facilities and fees therefore (tl flFacilities") to serve the area within proposed Community Facilities District No. 2 of the Carlsbad Unified School District ("CFD No. 2"). This shall also include payment therefore from the proceeds of the special taxes as well as the payment of principal of and interest on bonds proposed tc be issued, or other debt or securities, including Certificatf of Participation, to finance the Facilities, and other periodic costs; the establishment and replenishment of resen funds and any other necessary fees to serve the property depicted OnAttachentA, attached hereto and incorporated herein by this reference (the ttProject Areaif) : and WHEREAS, the public facilities, and fees authorized to WJX/ 6 7 0 2 09\18/92 e 0 WHEREAS, the District now intends to form CFD No. 2 OVE and including the Project Area; and WHEREAS, it is the intention of the District to plan, design, construct, lease, acquire or finance the constructic modification, relocation, rehabilitation, expansion or acquisition of the Facilities, or any combination thereof, f the Project Area through the formation of CFD No. 2 subject the authorization of bonded indebtedness and the levy of a special tax to pay for planning, construction, acquisition c installment purchase payments, lease or other payments including principal of and interest on bonds, to be approved at an election to be held within the boundaries of CFD No. 2 and WHEREAS, at a future date the District may annex additional territory into CFD No. 2. annexation shall occur, it is the intention of the District that such annexed territory shall be subject to special taxe and other conditions of annexation, so that CFD No. 2 shall not be required to increase its then-current special tax rat as a result; and - In the event such an NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE CARLSBAD DETERMINE AND UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, ORDER AS FOLLOWS: Section 1. Section 2. The above recitals are true and correct. CFD No. 2 is proposed to be established undc the provisions and requirements of the Act. The District ha: arranged for the preparation of a boundary map of proposed C1 No. 2 in compliance with Section 3110 gg seq. of the Streets and Highways Code sf the State of California and the Act (thc "Boundary Map''). proposed for inclusion in CFD No. 2 are as depicted on Attad attached hereto and incorporated herein by this referencf The original Boundary Map of CFD No. 2 shall remain on file : the office of the Clerk of the Board and shall be available for public inspection at least fifteen (15) days prior to tht public hearing referenced hereinafter in Section 9. The name of the proposed community faci1itA.L district shall be tlCommunity Facilities District No. 2 of the Carlsbad Unified School Districttt. and necessity requires the Facilities proposed to be financed by CFD No. 2. The proposed boundaries of the territory AI Section 3. Section 4. The Board finds that the public convenience -2- WJK/ 67 0 2 09/18/92 0 0 Section 5. The Facilities to be planned, acquired, constructed, leased, or financed are public facilities as provided for in the Act. The Board also determines that thl Facilities are necessary to meet increased demand Placed on the Carlsbad Unified School District as a result of development within CFD No. 2- For all funds needed to accomplish the herc described actions, except where funds are otherwise avail&. it is the intention of the District to levy annually, in accordance with the procedures contained in the Act, a spec. tax secured by recordation of a lien against all nonexempt real property in CFD No- 2 which lien will be a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the spec: tax obligation is prepaid, permanently satisfied, and cance' in accordance with law or until the special tax ceases to bc levied and a notice of cessation of special tax is recorded accordance with Section 53330.5 of the Act. The special ta: shall be levied each year in an amount sufficient to pay fo: planning, construction, acquisition, relocation and rehabilitation of the Facilities and to pay the principal 0: and interest on such bonds or other debt which may be issuec to finance the Facilities and other periodic costs; satisfaction of contractual obligations relating to the expenses or advancement of funds for expenses existing at tl time securities are issued and/or delivered pursuant to the Act; any installment purchase payments or lease payments fox the Facilities: the establishment and replenishment of resel funds: the expenses incurred for administering, levying and collecting the special tax and bonds, legal, fiscal and financial consultant fees: discount fees: capitalized inter€ on the bonds for a period not to exceed twenty-four (24) months from the date of issuance; election costs; and all costs of issuance of securities, including but not limited t fees for bond counsel and legal counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, tax surety bonds, and other credit enhancement cost: and document printing costs. right to establish a fund, and use special tax revenues, pursuant to Section 53314.5 of the Act. special tax and the manner of collection of the special tax described in detail inAttachentB (the "Rate and Method of Apportionment") attached hereto, and made a part hereof by this reference. The special tax takes into consideration th cost of making the Facilities available to the District. Th special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such specia tax is not based upon the ownership of real property. WJK/6 7 02 09/18/92 Section 6. The Board also reserves the Section 7. The rate and method of apportionment of the -3- 0 e Section 8. Owners of parcels within CFD No. 2 may be permitted to prepay their share of the total remaining spec tax obligation to CFD No. 2 by such method as CFD No. 2 may determine. If CFD No. 2 determines to allow such prepaymer such determination shall be set forth in the Resolution forming CFD No. 2. Section 9. A public hearing (the "Hearing'') on the establishment of CFD No. 2 and the proposed Rate and Method Apportionment of the special tax shall be held on November 18, 1992 1992, at 7:30 p.m. or as soon thereafter as practizible at the Council Chambers of the Cii of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Califor] 92008. Section 10. At the time and place set forth above for Hearing, the District shall receive testimony as to whether proposed CFD No. 2 shall be established and as to the Rate Method of Apportionment of the special tax. Any interested person, including all persons owning land or registered to vote within the boundaries of proposed CFD No. 2, may appea: and be heard at the-Hearing. Section 11. If, following the Hearing, the Board makes determination that it is desirable and legally permissible i establish CFD No. 2, the Board shall then submit the levy 0: the special taxes and an appropriations limit to the registered voters or qualified electors within CFD No. or the staff of the District, as appropriate, are hereby directed to study proposed CFD No. 2 and, at or before the time of the Hearing, file a report with the District containing a brief description of the Facilities which will, in their opinion, be required to meet the needs of CFD No. 2 and their estimate of the cost of providing the Facilities (the "Community Facilities District Report") . The engineer, consultant and/or staff member is directed to estimate the fair and reasonable cost of the study of, planning, purchase construction, leasing or financing of the Facilities includi the cost of planning and designing the Facilities, and all costs associated with the formation of CFD No. 2, issuance c the bonds, as well as administration and collection of the special taxes and costs otherwise incurred to carry out the authorized purposes of CFD No. 2. from any sources, including private persons or private entities, and is authorized and directed to use such funds fl any authorized purpose, or paying for any cost incurred by tl 2. Section 12. The engineer and/or consultant for CFD No. Section 13. The District may accept advances of funds -4- WJK/ 6 7 02 09/18/92 0 a District in creating CFD No. 2. The District may enter in1 agreements to: (i) repay all such funds which are not expended c committed for any authorized purpose at the time of tl election regarding the levy of the special tax, if thc proposal to levy such tax should fail; and (ii) to repay all such funds advanced from the proceeds of the bonds if the bonds of CFD No. 2 are issued and sold. Section 14. Notice is given that on the 18th day c November , 1992, at the hour of 7:30 p.m., as soon thereafter as practicable, at the Council Chambers the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad California 92008, a public hearing (the 'Hearing') will be held and the Board will consider the establishment proposed CFD No. 2, the proposed Rate and Method of Apportionment of the special tax and all other matters as s forth in this Resolution of Intention. At the above-mentio time and place for the Hearing, any persons interested, including taxpayers, property owners and registered voters, may appear and be heard, and the testimony of all interestec persons for or against the establishment of CFD No. 2, the extent of CFD No. 2, or the furnishing of the Facilities, w be heard and considered, Any protests pertaining to the regularity or sufficienl of the proceedings shall be in writing and shall clearly se forth the irregularities and defects to which the objection made. All written protests shall be filed with the Clerk 03 the Board on or before the time fixed for the Hearing. Written protests may be withdrawn in writing at any time before the conclusion of the Hearing. If written protests against the establishment of CFD No. 2 are filed by fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within CFL No. 2, or Owners of one-half (112) or more of the area of la proposed to be included within CFD No. 2 and not exempt fron the special tax, the proceedings to establish CFD No. 2 shal be abandoned, If said majority protest is limited to certai Facilities or a specified special tax, those Facilities or t specified special tax shall be eliminated by the Board. Section 15. The Clerk of the Board of the District is hereby directed to have a notice (TvNotice*v) of the Hearing published pursuant to Section 6061 of the Government Code of the State of California in the The Blade Tribune, a newspape of general circulation published in the area of proposed CFD No. 2. Such Notice shall contain the text of this Resolutio -5- WJK/ 6 7 0 2 09/18/92 e e state the time and place of the Hearing, contain a statement that the testimony of all interested persons or taxpayers shall be heard, have a description of the protest rights of the registered voters and landowners in proposed CFD No. 2, and contain a description of the proposed voting procedure f the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. Section 16. If following the Hearing the Board determines to establish CFD No. 2, the Board shall then subm the levy of the special taxes in an election (the "ElectionI1 to the qualified electors of CFD No. 2 pursuant to requirements contained in the Act and the applicable provisions of the Elections Code. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within CFD No. 2 for each of the ninety (90) days preceding the close of the Hearing, the vote shall be by registered voters of CFD No. 2 with each voter having one (I) vote. If there are not twelv (12) or more persons, registered to vote for each of the ninety (90) days preceding the close of the Hearing, pursuan to Section 53326 of the Act, the vote shall be by the landowners of CFD No. 2, with each landowner having one (I) vote for each acre of land that he or she owns within CFD No 2. The election shall be conducted at least 90 days, but n more than 180 days, following the adoption of the Resolution of Formation adopted pursuant to Section 53325.1 of the Act. Notwithstanding the foregoing, the election may be conducted less than 90 days after the adoption of the Resolution of Formation with the unanimous consent of the qualified electa pursuant to Section 53326(a) of the Act, If the election is to be held less than 125 days following the close of the hearing, the concurrence of the election official conducting the election shall be required. election official for such election. distribute the ballots for such Election by mail. hereby directed to have the appropriate documents prepared fc compliance with the California Environmental Quality Act and to have a Notice of Preparation of Negative Declaration regarding establishment of CFD No. 2, authorization of a special tax to be levied on behalf of CFD No, 2 and the incurring of bonded indebtedness published one (1) time in tl The San Diego County Registrar of Voters shall be the Pursuant to Section 53326(d) the Board may determine to Section 17. The Clerk of the Board of the District is -6- WJK/ 67 02 09/18/92 0 e The Blade Tribune. least twenty-one (21) days prior to the date of the Hearing. Such publication shall be completed at ADOPTED, SIGNED AND APPROVED this 30th day of September , 1992. f the'B*rd of Trustees d Unified School Distric Clkrk &7* of the Boardpf Trustees of t Ca"r1sbad Unified School District -7- WJK/ 67 02 09/18/92 0 0 1 ) ss. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO Sharon Faithful , Clerk of the Board of I, Trustees of the Carlsbad Unified School District, do hereby certify that the foregoing resolution was duly adopted by tf: Board of Trustees of said District at a meeting of said Boar held on the 30th day of September , 1992, and that it b so adopted by the following vote: AYES: Members Angel , Packard, Faithful , McCormick, St NOES : None. ABSTAIN : None. ABSENT : None. dlerk L?* of the Boa@ of Trustees of t Carlsbad Unified School District -8- WJK/6702 09/18/92 0 0 1 ) ss. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO Sharon Faithful f Clerk of the Board of 1, Trustees of the Carlsbad Unified School District, do hereby certify that the foregoing is a full, true and correct copy Resolution No. 11-9293 of said Board and that the same ha not been amended or repealed. Dated this 30th day of September f 1992. I m lerk of the Boar of Trustees of Carlsbad Unified School District -9- WJK/ 67 02 09/18/92 A -a- CLL-ILYLbI, BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. WRLSBU) lNRfD YMXx USTWCT. c(xHw OF W aEC0. STATE OT culFaRn* LEGEND - scnmmnaau an -0 201*uOyr - pum- a mymL rsLEIllcUQIa a e w hs%usxsmu F*2M HCMITY AND INDEX M MAP ..Iy MI I-0 m QI 0 Y uIL3co m XIOQ DlLlcI M - MT W m. e--- i mrar*mrT W maw- ne-w~pym yn# wawmwa w -OAT w rrmCbrr ClluloUIED~DLIIcI DlllcI D. 2 Q W - - o(mL -. aumQ fy OLP SUI w UQU. .u IccIo*D w ne - w &-w w m UlllD ¶DlOa m A1 A U raa.wrn~louracm RIDW-MTW 1- AT Mw W - QMo 2 #I m -W lllcId Urn- n IlcL QIP Q M - m W M WTT W YY Dcoo SUlC 0 U FYU~~P DlsIlcncm- AS-T~ dlR mmy10m m M 51DIODOmraElmUrrVa A 00- Dmrp 5 ?- IMS 10 - %a BOUND ARIE~ OF CO~MUNlTY CARL%*; ‘,rI- FACILITIES - -- DISTRICT NO. - )‘ST’:- -C-U’” ’F cA.h >,E;: :-AT -X A~raRNln ZONE 5 I \ ‘: 1- - w *m 7 U-m-8NU ---I- -7u-v- - It-$ i-t t-s IIIIPIY---Y.A.--W--I,- I r BOUNDARIE~ OF COMMUNITY FACILITIES DISTRICT NO. uIcsB*o UWnm ZGCU W3RlCl. CCC%lY OF SAM MGO. STATE ff CKFORMA 1- . -- -..-* -YY~QYm~wsrsa-lclanrsrrrrus*.n BOUND AR~ OF COMMUNITY FACILITIES DISTRICT NO, CARLSBb; '.--; -*^_ - 5T'C- Zd\-f CF ;Ah -C:: S-S? ^F ^AiriRr,~ ZONE 7 VEf=l- 1- . m *01CI I YLHlCIUmvnlnDmrr-rwcn --mi ma M 0~ylp1r-m 01-7 -nn~--~maama-wouama- 0 a COMMUNITY FACILITIES DISTRICT NO. : CARLSEA9 UItlFlED SCHOOL DISTRICT. CCUNTY OF s&tl DIEGO. I(T2-T OF C:AFC='I!L N 1- . MXT 1. *u pulcns nor l~~vmrzo ww AU ASSESXWS DAD^^ wmc~~ ARE NOT MmpI mt COYWTV FAW~S DI~T~CT ',I. ',I,': : CQMMUNITY FACILITIES DISTRICT NO. CAR-Aa -crZZ ><-a.SL 315?‘i’ ZZ”\*” 2F jAN >,E;; 5-ArE EF :AuF3FihIA ZONE 9 1 fi, L \ 1 r-.m *om I IIL P- *or a*m m u IS wum m “Or Iw w€ -n COMMUNITY FACILITIES DISTRICT NO. CARLjBAL' -ET ---"*L 257;'- ?'X,\? '7 -AU >]E;; 2-b.T 3F ->-fmNlb ZONE 14 -7z- c-u roII I u-rn-rrr --*PI- WUWW-CyLm o..cI ~mr P m 11 BOUNDARI~! OF COMMUNITY AClLITlES DISTRICT NO CARL58AD .\ 75: ---e>- :sa"- :,CTV QF CAY ?E:* 3-n~ a: ~A~:JRN~A ZONE 15 vz- 1- . 00 421 I UP-m-mu-rrr *..pm *DT- w opun*?yu~B =-7 .. i 51 ruaao(PmsnwsAa--w-ugsn- OF COMMUNITY FACILITIES DISTRICT NO. UIILSBAD UdFED SPloQ MSTRICT. CUlY Q W D(EG0. STATE OF uuFWA -7z- r.w t11-R--.I-m -=.I mmD..-..-ar COMMUNITY FACILITIES DISTRICT NO CbRCSaAC -'8'E: ::-XL ZST'C- :2"\-Y 3F SAh J,E;C STAT Y -ALFORNIA ZONE 22 1- . aw 1 *oo. I4AC-rnomas-U~ -Y m wma ne CIumN - COMMUNITY FACILITIES DISTRICT NO. CARL58A5 -h 'E: zC-2CL 1571C' Z5-UTY Y 5AN 31520. 5-AT 2F CALC~RNIA -7z- P - 0. q u*-u-wma-- -mm-meollllvpm- =ws 0 0 AttachmentB RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2 OF THE CARLSBAD UNlFfED SCHOOL DISTRiCT The Resolution of Intention refers to this Exhibit for an explanation of the rate method of apportionment of the Specid Tax so as to allow each landowner or resi within the proposed District to estimate the maximum annual amount of the Spl Taxes to be levied. A Specid Tax applicable to each Assessor's Parcel in Community Facilities Dis No. 2 (herein "CFD No- 2") shall be levied and collected according to the tax lid determined by the Board of Trustees of the Cdsbad Unified School District acting ii capacrty as the iegisiative body of CFD No. 2 (herein the 'Board") through the appfiw of the appropriate amount or rate for "Developed Property" as described below. P the Developed Property in CFD No. 2, unless exempted by law, shall be taxed for purposes, to the extent and in the manner herein provided. A. DEFfNlTIONS 'A& means the Metlo-Roos Community Facilities Act of 1982, as amended, bs Chapter 2.5 (commencing with Section 53313) of Division 2 of Title 5 of Cdifomia Government Code. "Annual Special Tax' means the maximum special tax that may be levied on i Developed Residential Property for any Fiscal Year following the initial Fiscal y for such property, and shall be levied as long as necessary, for a period no1 exceed 25 years for each Developed Residentid Property, to pay for authoriz school facilities and to discharge authorized bond obiigations or other deb1 CFD No. 2. "Assessor's ParCek' means a parcel of land as designated on a map of the E Diego County Assessor and which parcel has been assigned a discrete identify number. "8oardn means the Board of Trustees of the Carlsbad Unified School District. "Bonds' means the bonds of the CFD issued and sold to finance public faciiiti which are necessary to the development of the property within the CFD. "Building Cost Index" shall mean the Building Cost Index for the City of L Angeles based upon the most recently released data prior to June 1st of ear fiscat Year as set forth in the ENGINEERING NEWS-RECORD (ENR) pubfishc in the McGraw-Hill Construction Weekly. 1 0 0 "Chargeable covered and enclosed space" means the covered and enclc space determined to be within the perimeter of a commercial or indu3 structure not inciuding any storage areas incidental to the principal use of development, garage, parking structure, unenciosed walkway, or utiiity or displ area, The determination of the chargeable covered and enclosed space WI the perimeter of a commercial or industriai structure shall be made by the builc department of the city or county issuing the building permit, in accordance the building standards of that city or county. "Debt Sefvice' means the amount of principal of and interest on the Bond other debt which must be paid from the Special Taxes ievied in each fiscal ' on Developed Property. "Developed Property" means ail Assessor's Parcels in CFD No. 2 for whic foundation buiiding permit has been issued as of March 1 I of the preceding Fi year, but not prior to March 1, 1992. "Dwelling Unit" means one or more habitable rooms which are occupied or WC are intended or designed to be occupied by one family with facilities for liv sleeping, cooking and eating. "Fiscal Year" means the period starting on July 1 l and ending the following JI 30th. "Housing Area' means ail of the square footage within the perimeter c residential structure, not including any carport, walkway, garage, overhang, pe enclosed patio, detached accessory structure, or similar area The amount of square footage within the perimeter of a residential structure shall be dcula by the building department of the city or county issuing the building permil accordance with the standard practice of that city or county in calculal structural perimeters. "Initial Fiscal Year" applies only to Developed Residential Property and means Fiscal Year in which the Special Tax will first be apportioned and levied on Assesscx's Parcel as Developed Residential Property. "Initial Maximum Special Tax" means the maximum Special Tax that may be lev on Developed Residential Property in the Initial Fiscal Year. "Maximum Special Tax" means the maximum special tax, determined accordance with Section C, that can be levied by the Board in any fiscal Year each class of Developed Property. Won-Residential" shall apply to property other than Residential property, zof for commerciaUindustrial or other non-residential uses. 2 0 a "Residential" shall apply to ail property other than Non-residentiai property. "Senior citizen housing and manufactured home or mobilehome located wi park or subdivision limited to older persons" means the definitions as state Sections 65995.1 and 65995.2 of the Government Code. "School Faciiities' means those public facilities identified in the "Descriptio1 Faciiities' for CFD No. 2 on file in the Office of the Clerk of the Board. "Taxable Property' is all of the parcels within the boundaries of CFD No. 2 wt is not exempt from the Special Tax pursuant to law. "Undeveioped Property' means ail Taxable Property in CFD No. 2 not ciassr as Deveioped Property. ASSIGNMENT OF LAND USE CLASS On July 1, of each year, ail Taxable Property within CFD No. 2 shall categorized eitber as Oeveioped Property or as Undeveioped Property and si be subject to tax in accordance with the rate and method of apportionm determined pursuant to Sections C and D below. For purposes of determining the applicable Maximum Special Tax pursuani Section C, Developed Property shall be categorized either as Residential or Nc Residential. B. C. MAXIMUM SPECIAL TAX RATE 1. Develoned Residential Prooert\C Each Developed Residential Property shall be subject to one of 1 foilowing Maximum Special Tax rates as appiicabie: (a) Initial Soecial Tax: The maximum Special Tax rate appiicable to any Develop Residential Property for the Initial Fiscal Year shall be the th effectnre Initial Special Tax for the Housing Area for such propa The lnitial Special Tax for the Fiscal Year commencing July 1 l 19: is as follows: 3 0 0 Manufactured Home or Mobile- for Ail Other home Located Within Park or Sub- Commencing July 1, 1994, the above Initial Special Tax rates each Fisd Year shall be subject to escalation by an amount ec to the percentage increase in the Building Cost Index, but not I than 2% nor more than 15%, for the preceding fiscal Year multip times the Initial Special Tax for such preceding Fiscal year. (b) Annual Special Tax: For each Fiscal Year foilowing the Initial Fiscal Year for Developed Property, such property shall be subject to an Anr Special Tax which shall equal the Initial Special Tax for s property subject to escalation at an amount quai to 2% per fi Year. 2. Deveiooed Non-Residential ProDertv Each Developed Non-Residential Property shall be subject to a One4 Special Tax of $0.27 per square foot of chargeable covered and encio! space for the Fiscal Year commencing July 1, 1993. For each Fiscal Y thereafter, the One-Time Special Tax shail be increased by an ma equd to the percentage increase in the Building Cost Index, but not 1 than 2% nor more than 15%, for the preceding Fiscal Year multipfied tir the lnitiai Special Tax for such preceding Fiscal year. The 0ne-T Specid Tax shall be collected at the time of issuance of building pm The payment of the One-Time Special Tax at time of issuance of a builc permit on developed non-residential property shall extinguish subsequent annual special taxes for said property within the CFD. 4 0 a 3. Undevelooed Property The Board shall not impose any Special Tax on Undeveloped Proper land owned by or dedicated to or irrevocably offered for dedication pubtic agency. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO DEVELO PROPERTY Starting in Fiscal Year 1993-94 and for each following Fiscal Year, the Board determine the amount of money to be collected from Taxable Property in CFC 2 in the Fisd Year. Such amount shall include the sums necessary to pa current debt service on indebtness of CFD No. 2, to create or replenish res funds determined necessq by CFD No. 2, and to pay administrative exper construction expenses and acquisition expenses to be paid from Special proceeds. The Board shall levy the Special Tax as follows until the amount 01 levy equals the amount to be collected: The Speciai Tax shall be levied on Developed Property, exclusivc property exempt from Special Taxes pursuant to law, at the Maxin Speciai Tax Rate for each parcel of Developed Property for such Fi Year determined by Section C. E. PREPAYMENT OF SPECIAL TAXES 1. Preoavment of Soecial Taxes on Develooed Prooertv The Special Tax applicable to any Assessor's Parcel of Developed Prop may be prepaid and permanently satisfied at any time. The amc required to prepay the special tax for an ASSBSSOT'S Parcel ("Prepayn Amount") shall be an amount equal to: (a) the present value of the Maximum Special Tax applicable to s Assessor's Parcel calculated at an interest rate equal to ei percent (8%) for a period of 25 years: plus unpaid special taxes, interest and penalties, if any, which have bi entered on the assessor's tax roll, which amount shall be paic one of the following manners: (i) (b) The property owner will be asked to present to the Bistric certified receipt from the County Tax Collector's of showing that the entire remaining special taxes shall h been paid in full, or The District will collect from the property owner the am0 (ii) 5 0 0 of the special tax required to pay off the current tax yc special tax levy. In addition, a fee, currently $15.00, WI colfected to pay for the cost of having an amended ta generated by the Property Tax Division of the County Auc Controller’s Office; plus an administrative fee charged by the District for costs of Calculi the Prepayment Amount, and any fees or costs of the Dis County Auditor, County Recorder or County Tax Collector fol performance of official duties with respect to the prepaymei such Special Tax and preparation and recordation of any Notic Cancellation of Special Tax Lien or simiiar notice. The District shall provide a calculation of the Prepayment Amount tc owner or prospective purchaser of an Assessor’s Parcel within fifteen days after a written request therefor. Termination of Soecial Tax Lien Uoon Pavment Upon payment of the Prepayment Amount with respect to any Asses! Parcel, pursuant to the Act, the Governing Board shall cause tc prepared and recorded in the Office of the County Recorder of San D County a Notice of Cancellation of Special Tax Lien as to the applic Assessor‘s Parcel. If requested by the taxpayer, such Notia Cancellation may be exchanged for the Prepayment Amount througr escrow established for that purpose. (e) 2. 3. Use of Prepavrnent Amounts Prepayment Amounts received by the District shall be (a) to the ei required to maintain minimum financial ratios established to regufatc issuance of additional Bonds of the District, deposited in any applic redemption fund and used to redeem Bonds of the District, or (b) sha deposited in the improvement fund of the District and used for construction and/or acquisition of approved facilities. F. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same tim ordinary ad valorem real property taxes. The Annual Special Tax shall be sui to the same penalties and the same procedure, sale and lien prionty in ca a delinquency as provided for ad valorem taxes. The Governing Board rese the power to provide for alternative means of collection of Special Taxa permitted by the Act In the event of a delinquency, CFD No. 2 will PU foreclosure in a timely manner. 6 0 e G. TERMINATION OF LEVY OF ANNUAL SPECIAL TAX Provided that special taxes previously levied on an Assessor’s Parcel are delinquent, the lien of special taxes of the District shall terminate as to I Assessor’s Parce! at the close of the twenty-fifth (25) Fiscal Year following the (1st) Fiscal Year in which such Assessor’s parcei was taxed as Develc Property. Pursuant to Section 53330.5 of the Act, the Governing Board : cause to be recorded in the Official Records of San Oiego County a Notic Cessation of Special Tax Lien for each Assessor’s Parcel upon termination 01 lien on such parcel. H. RNIEW/APPEAL BOARD The Board shaii establish, as part of the proceedings and administration of i No. 2, a special threemember Review/Appeal Board. Any landowner or resic who feels that the amount of the Special Tax, as to their parcei, is in error ma! a notice with the Aeview/Appeal Board appealing the amount of the Maxin Special Tax assigned to such parcel. The Review/Appeai Board shaii inter this Rate and Method of Apportionment of the Special Tax and rn determinations relative to the annual administration of the Special Tax and landowner or resident appeals, as herein specified. 7