HomeMy WebLinkAbout1986-03-11; City Council; 8542; ASSESSMENT DISTRICT PROPOSAL BATIQUITOS LAGOON EDUCATIONAL PARKAb CI'I()OF CARLSBAD - AGENqBILL
ASSESSMENT DISTRICT PROPOSAL BATIQUITOS LAGOON EDUCATIONAL PARK
That the City Council review the proposed Assessment Distril consider the report of the Project Review Committee and determine whether or not to approve proceeding with the
formation of the District.
Authorize the selection of a team of consultants to assist staff in preparing documents and processing the district,
costs to be born by the proponents of the District).
STATEMENT OF THE MATTER
The City is in receipt of a letter dated December 13, 1985, asking the City to initiate a proposed Assessment District the i3atiquitos Lagoon Educational Park. In accordance with City Council Policy No. 33, for the use of 1915 Act Bonds, Project Review Committee consisting of the City Manager, Planning Director, City Engineer, Director of Utilities and City Attorney convened to review the proposal and prepare a report and recommendation to the Council.
The Council in adopting Policy No, 33 has determined that t exempt financing of this type should only be used if a
aJ k substantial public benefit to the City can be found. Under
w policy such a benefit can only be found for the constructio
%I a arterial streets necessary not only to serve an individual
4J v) developer Suit also to link communities within the City. Th
a, District may include sewer and water lines if the City Engi 5 determines it is necessary that they be located within the
W street right-of-way. Incidentals such as drainage faciliti
aJ located within an eligible arterial highway may also be g u included.
cd It is the judgement of the Committee that a substantial por
rf .d of this request can be found to be in accordance with the : Council's Policy. The Sammis proposal asks that the Distri
3 0 include 16 items of improvement (A - P). The Committee fin
V all of those items are consistent with the policy with the
-Q exception of Items J, L, P and part of Item N. (The policy does not allow the construction of water and sewer lines, s OQ I cu rf drains and other improvements involved in the subdivision o
cr) I ents involved in the subdivision
2 .d U
W cd 9 0
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a a
of-way of arterial streets.)
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Page 2 of Agenda Bill No.
In addition, the proposal asks that the District include utilities within a general access easement, parking structu to serve the University and the Ponto Drive improvements (P
3 and 4, Items A, B and C)). These improvements are not
within the Council's policy and are not recommended by the Commi t t ee .
If the City Council is satisfied that the basic requirement:
the policy are met for this proposal and desires to proceed
with a formation of a District, the Committee recommmends y< do so in accordance with this report. In regard to the ites
requested by the application which are not recommended by tl Committee, the Council Policy provides, "any exceptions to 1 criteria of this policy will be approved only upon an expre:
finding by the City Council that the project is so affected
with a public interest that the City should assist in provic tax free financing for the improvements in order to satisfy public need." While the Committee is not recommending that Council make any changes in the criteria as set forth in yot policy, whether or not to make exceptions is a matter to be decided by the City Council.
FISCAL IMPACT:
Council Policy 33 requires all costs including staff time tc paid by the applicant subject to reimbursement if the distri is confirmed.
EXHIBITS:
1. Location Map
2. Assessment District Proposal - Batiquitos Lagoon
3. Council Folicy 33
4. Letter 2/27/86 to John 13riggs from City Manager
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Educational Park, December 13, 1985
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VICINCTY MAF
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PROPERTIES SamM;S RECE -57-
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December 13, 1985 CITY OF ( EMGI:!"yr\J~
Mr. Sene Donovan, City Engineer City of CarlzSad 1200 Elm Street
Carlsbad, CA 92008
RE: Assessment District Proposal -
Dear Mr. Donovan:
Sammis Properties would like to initiate a 1913 YIur,ic Improvement Act District for the arterial streets and incidc utilities within and adjacept' to the Batiquitos La Educational Park site.
The improvements will include the following:
A. The relocation of CarlsSad Boulevard from the existicg b on the Batiquitos Lagoon to a poir,t approximately 1030 north of the exiztir,g Ponto intersection.
Batiquitos Lagoon Educational Park
B. The construction of a public day-use beach parking lot.
C. A signalized at-grade intersection at Carlzbad Boulevar( proposed Avenida Batiquitos.
D. Avenida Batiquitos, a secondary arterial.
E. The Avenida Batiquitos bridge over the existing A.T. & r ai 1 way r ight-o f -way.
F. Windrose Circle, a secor.tlary arterial.
G. Approximately 400 feet of Avenida Encinas, a secor ar ter ial .
H. Widening approximately 900 feet of existing Aver,ida Enc a secondary arterial.
2650 Camino Del Rio North #lo0 0 San Diego, CA 92108 (619) 298-7112
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I i m e
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Mr. Gene Donovan, City Engineer
December 13, 1985 Page 2
I. Earthwork and grading incidental and necessary to const
the above listed street improvements.
J. The abandonment of an existing storm drain and construction of a new storm drain to accommodate construction and drainage of Triindroee Circle along with 0 incidental storm drain construction.
I(. Construct sewer rnair,s within the above listed streets.
L. Cocstruct a sewer lift station, a force trunk sewer main, a gravity truck sewer mair, according to the city's 31 master p 1 ar,.
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H. Construct water mains within the above listed streets.
N. Construct water connection and trunk water nains in Carl Boulevard and on site according to the Costa Real Munic Water District master plan.
0. Construct gas, electric, telephone, and cable T.V. 1
k
within the above listed street improvements.
improvements to area intersectiocs to be recommended city traffic study now in progrers.
P. Construction costs of the project's proportionate shar
The environmental. review of the Batiquitos Lagoon Educatic Park master plan, which included the above listed improveme has been completed and certified by the city council. Also discretionary approvals for rezoning, general plan amendment, master plan have been completed.
Xe anticipate that; this assessment district will be a one o district. Sammis Properties and other entities within San control own thP project and are prepared to sign an assess
petition immediately to begin the process. We are also propc a pass through of the bond obligation to the prospect purchasers of the project and will provide full diaclosur these and other obligations to prospective purchasers. ' Do not Comply wit.h Council Policy 33 paragraph 1 & 2 - improvements not in arterial street.
<f . ,I" e 0
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Mr. Gene Donovan, City Engineer December 13, 1985
Page 3
We also request that the City select and engage a bond counc
an assessment engineer and a financial consultant (if nec3ss to review this proposal as soon as possible. We have already with Mr. Mac Brown and Mr. Norm Neste regarding this proposa a meeting called by the City Engineeer's office recently so should already be somewhat familiar with the project.
Kindly direct this request to the Project Review Commit Enclosed are the following support materials for your review:
A. Approved master plan text.
5. A narrative description of improvement to be included in
C. Preliminary cost estimate.
D. Property owner's list.
E. 3 maps showing area boundaries. F. Copy of master plan tentative base map.
Please review and send the petition for this district as soc
possible as we hope to begin construction in early 1986. We probably use a conbination acquisition/constructioc diatric accommodate the phasing of construction. We are willin deposit funds to cover the costs of reviewing this prop
should you require such a deposit.
In addition to the improvement listed above which are those
fall strictly within the City's adopted Assessment Dist Financing Policy, we request that you co~sider the follc improvements :
A. Public sewer and water nains as well as gas, ~lect telephone and cable T.V. lines,. lyi~g within the ger utility and access easement serving the residential are
the Batiquitos Master Plan.
5. Parking facil.ities and parking structures which will :
the university and community activities scheduled fo! project. We feel these facilities will benefit the gel public because of the public nature of the univel functions.
district.
@ 9 ,,/:
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Mr. Gene Donovan, City Engineer December 13, -1985 Page 4
C. Ponto Drive which will be a public right-of-way and des
to secondary arterial standards, along with the nece: grading, drainage structures, and sewer and water mains, gas, electric, telephone, and cable T.V. lines.
The creation of this assessment district is consiatent wit1
Southwest Quadrant Circulation Implementation Program desc in our letter dated December 12, 1985. We believe that implementation of the program will be the first step towai solution to the current traffic issues of the southwest quad
Thank you for your consideration for this proposal. AI
please send the proposal to the Project Review Commmitte, SI the bond council and assessment engineer, prepare the pet: for our signature and consider a benefit district for the 1 1-5 corridor intersections mentioned above.
In ordor to expedite the processing of this assessment dis we offer the services of our engineer, O'Day Consultants, fo
studies and engineering analysis you may require.
Please do not hesitate to contact me should you have questiocs or require any additional information. Thank yo\ your continuing cooperatioc.
Very truly yours,
MIS PROPERTIES $LJ (7 ;%
on D. Sriggs
Vice President
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I
&TY OF CARLSBAD *policy No. 33
5
Effective Date
COUNCIL POLICY STATEMENT Date Issued
ASSESS~NT DISTRICT FINANCING
Genera1 SubJect' OF PUBLIC IPniPHOVEPENTS
Specific Subject: Policy for Use of Cancellation Da 1915 Act Bonds
Supersedes No.
Copies to: City Council, City Manager, City Attorney, DepartH Division Heads, Employee Bulletin Boards, Press, F
BACKGROUND:
The City Council has received several requests from property
major planned developments to use 1915 Act assessment distric
financing for public improvements to be constructed as a con1 such developments. The City Council has determined that tax financing and 1915 Act bonds should only be used if a substal public benefit to the City can be found. Council has determ further that such a benefit can be found in the construction
arterial streets that are necessary, not only to serve an inc development, but also to link communities within the City. ' assessment district financing for arterial streets may incluc and water lines when the City Engineer determines it is nece: they be located within the street right of way. Projects ma: include other incidental construction such as drainage facil
located within an eligible arterial highway.
Council has also determined that it is necessary to establisl
circumstances under which the City Council will approve asser district financing as a guide to those who would seek to req
PURPOSE :
To establish a policy regardi.ng the requirements which must
before the City Council will approve the financing of public improvements using 1915 Act assessment district bonds.
To establish a procedure for processing applications for assc district financing and a staff review committee to apply the requirements of this policy to such applications. The commi also consider recommending that the City initiate a district
This policy is primarily intended to apply to assessment dis proposed for property which is predominantly undeveloped whe
developers in the area propose to use public financing in lic private financing for appropriate public improvements.
POLICY:
1. The City may allow the financing of public improvements provisions of this policy where the public facilities represc the City's opinion, a significant public benefit not only to prospective residents of the development but to the entire community. izX\(V :
J
t w w 33 PI Policy No. CITY OF CARLSBAD
COUNCIL POLICY STATEMENT Date Issued 5/ 2'
ASSESSIENT DISTRICT FINANCING
r Effective Date5, OF PUBLIC I-~ROVEIIENTS General Subject:-
Specific Subject: Policy for Use of Cancellation Dat 1915 Act Bonds
Supersedes No.
Copies to: City Council, City ]Manager, City Attorneyr Departme
Division Heads, Employee Bulletin Boards, Press, Fi
2. Facilities which may be considered shall be public facili
dedicated rights-of-way or easements, and for which a public
has on-going responsibility to maintain and operate. The typl facilities to be financed are limited to:
(a) Arterial streets identified on the circulation eleme
the Carlsbad General Plan.
(b) Sewer and water lines to be located within the right
of arterial streets when the City Engineer determine necessary that they be so located.
(c) Drainage facilities and public utilities may be incl which are appurtenant and incidental to such streets
3. Project property value to lien ratio should be 4:l after installation of the improvements to be financed. A project m
approved with a ratio between 4:l and a minimum of 3:l if the recommended by both bond counsel and the underwriter and if t Council finds the reduced ratio will not materially affect th obligations to the district. The value of the property propo assessed shall be determined by an M.A.I. appraisal, performe appraiser selected by the City.
4. Projects shall be at the stage whelre all criteria of this can be adequately assessed . Developments proposed for inclus
district shall have already received environmental review and have already received all legislative approvals such as zonin master plans or specific plans. The City Council may approve
district that includes some lands without legislative approva the improvement to be constructed is consistent with the gene and if the City Council finds the improvement is required in public interest.
5. Assessment districts shall have the concurrence of the ef area's property owners representing not less than 60 percent,
of the land proposed to be assessed. The petition shall incl acceptance of this policy and a waiver of the property owners under the Majority Protest Act.
6. The City shall select the assessment engineer, bond couns if required, the financial consultant. In making such select
1
r 0 33 P? Policy No. CITY OF CARLSBAD
COUNCIL POLICY STATEMENT Date Issued 512
General subject: - ASSESSMENT DISTRICT FINANCING Effective Date -
Specific Subject: policy for use of Cancellation Dat
c
OF PUBLIC 1.WROVEEIENTS
1915 Act Bonds Supersedes No.
Copies to: City Council, City Manager, City Attorney, Departme
Division Heads, Employee Bulletin Boards, Press, Fj
City will take any suggestions from the project proponents in account, The design engineer and underwriter may be selected proponent of'the district in consultation with and subject tc of the City.
7. A sum sufficient to pay all fees and costs for the propos assessment district prior to award of contract shall be depos
the City by the proponents of the district. The proponents ! be required to deposit with City a sum sufficient to cover a1 costs incurred in connection with review of a proposed distrj including staff review, legal review, administration, plan cf investigation, City Council review and inspection. These sur retained by City to the degree used if the district is not si
fully completed or if such costs Are not recovered by City fx district, If the district is confirmed any sum not retained shall be refunded in cash or applied as a credit against the assessments at the option of the proponents.
8. Improvements shall be constructed in accordance with the Improvement Act of 1913, and the assessment district bonds SI issued in accordance with the Improvement Bond Act of 1915 UI City Council determines otherwise.
9, Generally, there shall be no overlapping bond assessment
liens on the proposed special assessment district at the tim assessments are to be affirmed by the City. The City Counci advice of bond counsel may approve an overlap provided the c assessments are within the property value ratios of paragrap this policy.
10. The proponents of the district must demonstrate to the
satisfaction of the City Council that interim financing or c
is available for the developments to be included within the adequate to meet all assessment obligations between the time district is formed and the pay off of the bonds or their ass the purchasers of the individual homes within the proposed d ment. As part of this review the City Council may also cons
indebtedness presently existing against the properties to be assessed. The district proponents must bring all property t current and agree to keep them current prior to confirmatior district,
c
COUNCIL POLICY STATEMENT
ASSESSMENT DISTRICT FINANCING Genera1 SubJect 'OF PUBLIC IMPROVEMENTS
Specific Subject: Policy for Use of 1915 Act Bonds
Date Issued 51
Effective Date
Cancellation Da
Supersedes No.
c
33 P
COUNCIL POLICY STATEMENT Date Issued 5
rr m
CITS OF CkRLSEkD Policy No.
ASSESS_"4ENT DISTRICT FINANCING Genera1 S*jectt OF PUBLIC IMPROVElmNTS
Specific Subject: Policy for use of
Effective Date
Cancellation Da
Supersedes No.
1915 Act Bonds
Copies to: City Council, City Manager, City Attorney, Departmc
Division Heads, Employee Bulletin Boards, Press, F
at any time prior to the sale of individual lots. The City C may approve a pass through of the bond obligation to a prospe purchaser. A developer wishing to secure approval of a pass is required to provide for full disclosure of this and any ot
assessment financing applicable to the property to prospectiv purchasers. In advertising the price of the housing the adve amount shall include the amount of assessment district bonds property. The prospective purchaser shall be given an option the assessment lien discharged prior to close of escrow or to the assessment lien by a pass through as a part of the sales
the house .
16. The principal purpose for the City Council's approval of assessment district financing is to complete the links in the circulation system. The City Courfcil in that regard will not proposed district which contemplates the construction of a po
an arterial street without extending it in a logical way to c the City's existing circulation system. The City may require proponents of a district presenting a petition to expand the be included within a proposed district as may be necessary to such circulation links.
PROCEDURE:
1. It is the intention of the City Council that proponents o
district have an early opportunity to have the proposal revie City staff for compliance with this policy. In that regard, Council hereby directs the creation of the Project Review Com
The Committee shall consist of the City Manager, Land Use Pla
Manager, City Engineer, Director of Utilities and Maintenance Attorney. The Committee shall meet on request with proponent
district to review a project to determine whether or not the requirements of this policy have been satisfied. Committee r shall take place prior to the presentation of an assessment d
project to the City Council. Whenever any such project is pr to the Council it shall be accompanied by a report containing findings and recommendations of the Committee made in regard
project. The Committee may require the proponents to furnish information necessary to the evaluation of the proposed distr Committee may require all or any part of the deposits provide this policy to be made prior ko commencing their review of th
project.
COUNCIL POLICY STATEMENT
General subject: ASSESSMENT DISTRICT FINANCING
- OF PUBLIC IlIPROVE?AXNTS
Specific Subject-: policy for Use of
1915 Act Bonds
Date Issued 5/;
Effective Date
Cancellation Da
Supersedes No.
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