PUBLIC NOTICES
Published In The Daily Transcript
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Miscellaneous Notices
PUBLISHED: Friday April 09, 2010

SANTEE SCHOOL DISTRICT
NOTICE OF CONSIDERATION
OF GENERAL WAIVER REQUEST FOR
DEFERRAL OF PRINCIPAL
APPORTIONMENT PAYMENTS 2009-10
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Notice is hereby given that the Board of Education of Santee School District will hold a public hearing at its regular meeting to be held on Tuesday, April 20, 2010, to consider submitting a California Department of Education General Waiver Request for deferral of principal apportionment payments 2009-10.

The General Waiver Request for deferral of principal apportionment payments 2009-10 applicable to this action will be available for review during regular business hours at the Santee School District Business Services office beginning April 9, 2010. The April 20, 2010, regular meeting of the Board of Education will begin at 7:00 p.m. in the Santee School District Board Assembly Room located at 9619 Cuyamaca Street, Santee, California.
Pub. Apr 9-00072610

POWAY UNIFIED SCHOOL DISTRICT
PUBLIC NOTICE
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NOTICE OF PUBLIC HEARING OF THE BOARD OF EDUCATION OF THE POWAY UNIFIED SCHOOL DISTRICT, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 10 (TORREY HIGHLANDS - SUBAREA IV), IMPROVEMENT AREA F TO CONSIDER MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED, THE EXISTING RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA F AND THE EXISTING BOND AUTHORIZATION
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS SCHEDULED TO BE HELD ON APRIL 19, 2010 AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE BOARD OF EDUCATION LOCATED AT THE MORNING CREEK ELEMENTARY SCHOOL, 10925 MORNING CREEK DRIVE SOUTH, SAN DIEGO, CALIFORNIA 92128 AT WHICH TIME THE BOARD OF EDUCATION OF THE POWAY UNIFIED SCHOOL DISTRICT, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BOND OF COMMUNITY FACILITIES DISTRICT NO. 10 (TORREY HIGHLANDS - SUBAREA IV) (“CFD NO. 10”), WILL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, REGARDING THE PROPOSED MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY CFD NO. 10 FOR IMPROVEMENT AREA F, THE EXISTING RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA F AND THE EXISTING BOND AUTHORIZATION FOR IMPROVEMENT AREA F. FOR PARTICULARS, REFERENCE IS MADE TO THE RESOLUTION AS SET FORTH BELOW:
POWAY UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 38-2010

INTENTION TO CONSIDER MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES WITH RESPECT TO COMMUNITY FACILITIES DISTRICT NO. 10, IMPROVEMENT AREA F (TORREY HIGHLANDS - SUBAREA IV), THE FACILITIES AUTHORIZED TO BE FINANCED, AND THE AUTHORIZED BONDED INDEBTEDNESS
ON MOTION
of Member Andy Patapow, seconded by Member Jeff Mangum the following Resolution is adopted:
RESOLVED, by the Board of Education (the “Board of Education”) of the Poway Unified School District (the “School District”), acting in its capacity as the legislative body of Community Facilities District No. 10 (Torrey Highlands - Subarea IV), that:
WHEREAS, the School District and the owners of certain property located within the School District and Subarea IV, commonly known as Torrey Highlands, previously made and entered into, as of August 27, 2001, that certain Supplement to Subarea IV Torrey Highlands School Impact Mitigation Agreement, (the “Mitigation Agreement”), pursuant to which the District and such owners (identified in the Mitigation Agreement as the “CFD No. 10 Owners”) agreed to form a community facilities district to include such property, and to establish a method of providing certain public facilities to mitigate the impact of development of their property on the School District; and
WHEREAS, the Mitigation Agreement provided that the mitigation of the impact of development of the property located within the area of the proposed community facilities district on the School District would be provided through the establishment of a community facilities district and the designation of certain improvement areas therein by the School District and the authorization for the levy of special taxes within the community facilities district and within each of the improvement areas and issuance of bonds for the community facilities district and each of the improvement areas to be secured by the levy of such special taxes for the purpose of financing, among others, certain school facilities; and
WHEREAS, the Board of Education did previously conduct proceedings to form and did form a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” (Government Code section 53311 and following) (the “Act”), such Community Facilities designated as Community Facilities District No. 10 (Torrey Highlands - Subarea IV) (the “Community Facilities District”) for the purpose of financing public school facilities and related infrastructure required by the School District as a result of the development of the properties within the Community Facilities District, as well as certain additional public improvements to be owned by the City of San Diego (the “City Improvements”) and which are required to serve such properties and the school facilities to be located within Torrey Highlands of the City of San Diego; and
WHEREAS, the qualified electors of the Community Facilities District voted to approve the levy of special taxes pursuant to the rate and method of apportionment thereof (the “CFD No. 10 Rate and Method”) and the issuance of bonds to be secured by such special taxes for such purpose; and
WHEREAS, as a part of such proceedings, the District also designated the improvement areas, including Improvement Area F, for the purpose of financing the City Improvements and the qualified electors of Improvement Area F voted to approve the levy of special taxes (the “Improvement Area F Special Taxes”) pursuant to the rate and method of apportionment thereof (the “Existing Rate and Method of Apportionment for Improvement Area F”) and the issuance of bonds for Improvement Area F for such purpose; and
WHEREAS, the CFD No. 10 Rate and Method provides for the levy of both a One-Time Special Tax and an Annual Special Tax (each such special tax as defined in the CFD No. 10 Rate and Method) on Taxable Property (as defined in the CFD No. 10 Rate and Method) within CFD No. 10, and the CFD No. 10 Rate and Method provides that the One-Time Special Tax shall be levied and collected for each Assessor's Parcel (as defined in the CFD No. 10 Rate and Method) on or before the date a building permit is issued for such Assessor's Parcel; and
WHEREAS, the owners of the property within Improvement Area F (the “Owners”) have requested that the Existing Rate and Method of Apportionment for Improvement Area F be modified to provide for and authorize the levy of a Supplemental Annual Special Tax (as defined in the First Amended Rate and Method of Apportionment for Improvement Area F which is defined in Section 1 below) in lieu of and to replace and supersede the levy of the One-Time Special Tax; and
WHEREAS, representatives of the District and the Owner's have been and are in the process of negotiating the terms and conditions of an addendum to the supplement of the Mitigation Agreement (the “Addendum”) to provide for the modification of the Existing Rate and Method of Apportionment for Improvement Area F to provide for and authorize the levy of such Supplemental Annual Special Tax, to modify the facilities authorized to be financed from the Improvement Area F Special Taxes (the “Existing Authorized Facilities”), to authorize the financing of school facilities from the Supplemental Annual Special Tax, to modify the authorized bonded indebtedness for Improvement Area F (the “Existing Bond Authorization”), to permit the issuance of special tax bonds for Improvement Area F to be secured by the Supplemental Annual Special Tax to finance such school facilities, and to authorize the cessation of the CFD No. 10 One-Time Special Tax obligation for all Taxable Property within Improvement Area F; and
WHEREAS, this Board of Education desires to declare its intention to consider modifications to the Existing Rate and Method of Apportionment for Improvement Area F to provide for the levy of the Supplemental Annual Special Taxes, the Authorized Facilities to authorize the financing of school facilities from the proceeds of the Supplemental Annual Special Taxes and the Existing Bond Authorization to provide for the issuance of bonds to be secured by such Supplemental Annual Special Taxes to finance such school facilities.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that:
Section 1. The above recitals are all true and correct.
Section 2. This Board of Education hereby declares its intention to consider modifications to: (a) the Existing Rate and Method of Apportionment for Improvement Area F to authorize the levy of Supplemental Annual Special Tax within Improvement Area F pursuant to the First Amended Rate and Method of Apportionment of Special Taxes set forth in Exhibit "A" (the "First Amended Rate and Method of Apportionment for Improvement Area F"), attached hereto and incorporated herein by this reference; (b) Existing Authorized Facilities to authorize the financing of school facilities from the proceeds of the Supplemental Annual Special Tax; and (c) to Existing Bond Authorization to increase such authorization from $3,500,000 to $6,000,000 to authorize the issuance of bonds for Improvement Area F for the purpose of financing school facilities to be secured by the levy of the Supplemental Annual Special Taxes (the “Improvement Area F School Facilities Bonds”).
Section 3. Notice is hereby given that on April 19, 2010, at the hour of 6 p.m., in the regular meeting place of the Board of Education located at the Morning Creek Elementary School, 10925 Morning Creek Drive South, San Diego, California 92128, this Board of Education will conduct a public hearing at which time it will consider the proposed modifications to the Existing Rate and Method of Apportionment for Improvement Area F, the Existing Authorized Facilities, and the Existing Bond Authorization as described herein and all other matters as set forth in this Resolution. At the above-mentioned time and place for such public hearing, any persons interested, including taxpayers and property owners, may appear and be heard. The testimony of all interested persons for or against the proposed modifications will be heard and considered. Any protests may be made orally or in writing; however, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which such objection is made. All written protests shall be filed with the Clerk of the Board of Education on or before the time affixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.
Section 4. If a written majority protest is filed against the proposed modifications of the Existing Rate and Method of Apportionment for Improvement Area F, the Existing Authorized Facilities or the Existing Bond Authorization, these proceedings shall be abandoned.
Section 5. If, following the public hearing described in the preceding paragraph, this Board of Education determines to approve the proposed modifications of the Existing Rate and Method of Apportionment for Improvement Area F, the Existing Authorized Facilities and the Existing Bond Authorization as described herein, this Board of Education shall then submit the proposed modifications to the qualified electors of Improvement Area F. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, had been registered to vote within Improvement Area F for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by the registered voters of Improvement Area F, with each voter receiving one (1) vote. Otherwise, the vote shall be by the landowners of Improvement Area F who were the Owners of record at the close of the subject public hearing, with each landowner or the authorized representative thereof having one (1) vote for each acre or portion of an acre of land owned within Improvement Area F.
Section 6. The secretary is hereby authorized and directed to give notice of such public hearing by causing a Notice of Public Hearing to be published pursuant to Government Code section 6061 in a legally designated newspaper of general circulation with such publication to be completed at least seven (7) days prior to the date set for such hearing.
Section 7. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED on March 8, 2010, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education of the Poway Unified School District of San Diego County.
/s/ Jeff Magum
Jeff Mangum, Clerk of the Board of Education
EXHIBIT A TO RESOLUTION NO. 38-2010 IS ON FILE IN THE PLANNING DEPARTMENT OF THE POWAY UNIFIED SCHOOL DISTRICT LOCATED AT 13626 TWIN PEAKS ROAD, POWAY, CALIFORNIA 92064-3098 AND IS AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS.
Pub. Apr 9-00072552


Miscellaneous Notices
PUBLISHED: Friday April 09, 2010


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