HomeMy WebLinkAbout1988-12-06; City Council; 9759; Alga Road AD 88-01 ProposalCl’- OF CARLSBAD - AGENC ’ BILL
AB#w TITLE:
MTG.12/06/88 ASSESSMENT DISTRICT PROPOSAL
DEPT.L ALGA ROAD ASSESSMENT DISTRICT NO. 88-l
RECOMMENDED ACTION:
1. By minute motion, adopt the recommendations of the Policy 33 Project Review Committee as.contained in the attached report and.authorize staff ;;aritlate proceedings for a 1913/1915 Act Assessment District for Alga
2. Adopt Resolution No. flfca! approving the following agreements:
A. Assessment District Reimbursement Agreement
c": Assessment District Initiation and Waiver Agreement 9th Supplemental Agreement with NBS/Lowry for Assessment
D. Engineering Services Special Counsel Agreement
ITEM EXPLANATION:
The develo er of the Pacific Rim project (Hillman Properties) has requested that Alga rp oad, a ortion of Poinsettia Lane and Pacific Rim Drive be included in an assessment a! a petition, istrict using 1915 Act bonds. The developer has submitted an Assessment District Initiation and Waiver Agreement and a Reimbursement Agreement. As required by Council Policy No. 33 the Project Review Committee met on September 9,, 1988 to consider the request and to determine if the request met the requirements of Policy 33. To assist in this determination, a feasibility study was prepared by NBS/Lowry.
The assessment district as recommended by the Project Review Committee would consist of full improvements on Poinsettia Lane extending from its east end to 1900 feet east to an intersection with Alga Road; full improvements on Alga Road from Poinsettia Lane thru the Pacific Rim master plan area to the existing Alga Road just west of El Camino Real.
The Policy 33 Project Review Committee determined that the request does -- with ' one exception Rim Drive. -- meet all Policy 33 requirements. The major issue is Pacific The Committee found that this street does not meet Policy 33 requirements and should be deleted from the assessmentdistrict for the following reasons:
1. Pacific Rim Drive is not a "significant public benefit"; it is a collector street serving only a portion of the Pacific Rim development.
2. Ly;AQi; Rim Drive is not an arterial street in the Circulation .
3. !;;tLAc Rim Drive does not complete a link in the circulation .
4. Including the street approximately doubles the assessment district ;;;foand may bring the value to lien ratio below the required 4:l .
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PAGE TWO OF ABX w4f
The assessment district as recommended by the Policy 33 Committee does not include Pacific Rim Drive. The developer, however, intends to request that the Council include Pacific Rim Drive in the district. A letter from the developer is attached as Exhibit 3.
Precise boundaries for the assessment district have not been established at this stage. There are a number of small parcels offsite from Pacific Rim which would benefit from the improvement of Poinsettia Lane. Which of these should be within the boundaries of the district and the precise spread of benefit will be determined by the consultant assessment engineer prior to the public hearing on the district.
The final issue is the pass-through of assessment payments to residential property owners. This has not been addressed previously as College Boulevard and Palomar Airport Road are within pro ert that is zoned industrial. If Council decides to permit a requires the developer to su mit Ii ass-throug I: fy o assessments, Council Policy 33
assessment will be made. a detailed plan of how disclosure of the It also requires that the homeowner be givensit; option of paying off the assessment in full prior to close of escrow. disclosure must be made in sales brochures and advertisin as well. In this manner, a otential costs and P buyer should become aware of the ad itional 3 assessment actor it in his decision on a purchase.
The Project Review Committee recommends that a pass-through be permitted for the Alga Road/Poinsettia Lane Assessment District subject to receipt and approval by Council of an acceptable disclosure plan.
FISCAL IMPACT: FISCAL IMPACT:
The estimated cost of the Al The estimated cost of the Al Rim Drive - Rim Drive - is $12,400,000. is $12,400,000. T T R R a Road Assessment District - excluding Pacific a Road Assessment District - excluding Pacific e developer has de e developer has de s s osited funds to cover initial osited funds to cover initial costs of the appraiser, assessment en ineer bon costs of the appraiser, assessment en ineer bon P P counsel and staff time. All counsel and staff time. All costs would be covered by the sale o costs would be covered by the sale o bonds if the district is successful. bonds if the district is successful.
The pass-throu h of assessments to homeowner would result in an assessment of approximately 2,500 on each single family house. This would be in addition 3 to a possible Mello-Roos tax for community facilities and schools. If Pacific Rim Drive is included, the Assessment would increase to approximately $6,400.
EXHIBITS:
1.
2.
3.
4.
5.
Location map.
Policy 33 Project Review Committee Report
Letter from Pacific Rim dated November 7, 1988
Petition
Resolution No.mfA/ approving the following agreements:
A.
F:
Assessment District Reimbursement Agreement Assessment District Initiation and Waiver Agreement 9th Supplemental Agreement with NBS/Lowry for Assessment
D. Engineering Services Special Counsel Agreement (agreements attached to Resolution)
6. Alga Road Feasibility Study (on file in the City Clerk's office)
LOCATION MAP
---mm
I
PACIFIC RIM PROPERTY LIMITS
-- - - FUTURE ROAD
EXISTINQ ROAD
- PROPOSED PROJECT
PROJECT NAME ’ PROJ. NO. EXHIB/f
ALGA ROAD ASSESSMENT DISTRICT AD884 1
L CITY I- CARLSBAD 1 Page 1 of 6
. POLICY NO. 33
COUNCIL POLICY STATEMENT
DATE ISSUED g/9/ 87 c
GENERAL SUBJECT : ASSESSMENT DISTRICT FINANCING OF EFFECTIVE DATE 6/9/B 7
PUBLIC IMPROVEMENTS
CANCELLATION DATE
SPECIFIC SUBJECT: POLICY FOR USE OF 1915 ACT BONDS
SUPERSEDES DATE 5/29/84
COPIES TO: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
I BACKGROUND:
The City Council has received several requests from property owners of major
planned developments to use 1915 Act assessment district bond financing for
public improvements to be constructed as a condition of such developments. The
City Council has determined that tax exempt financing and 1915 Act bonds should
only be used if a substantial public benefit to the City can be found. Council
has determined further that such a benefit can be found in the construction of arterial streets that are necessary, not only to serve an individual development,
but also to link communities within the City. The use of assessment district
financing for arterial streets may include sewer and water lines when the City
Engineer determines it is necessary that they be located within the street right-
0 f-way. Projects may also include other incidental construction such as drainage facilities located within an eligible arterial highway.
Council has also determined that it is necessary to establish circumstances under
which the City Council will approve assessment district financing as a guide to
those who would seek to request it.
I PURPOSE :
To establish a policy regarding the requirements which must be met 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 assessment district
financing and a staff review committee to apply the requirements of this policy
to such applications. The committee may also consider recommending that the City
initiate a district.
This policy is primarily intended to apply to assessment districts proposed for
property which is predominantly undeveloped where the developers in the area
propose to use public financing in lieu of private financing for appropriate
public improvements.
POLICY:
1. The City may allow the financing of public improvements under the provisions
of this policy where the public facilities represent, in the City’s opinion,
CITY OF’-.,RLSBAD & *
COUNCIL POLICY STATEMENT
.
GENERAL SUBJECT : ASSESSMENT DISTRICT FINANCING OF
PUBLIC IMPROVEMENTS
SPECIFIC SUBJECT : POLICY FOR USE OF 1915 ACT BONDS
Page 2 of 6 POLICY NO. 33
DATE ISSUED G/9/87
EFFECTIVE DATE G/9/87
CANCELLATION DATE
SUPERSEDES DATE 5/29/84
ZOPIES TO: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
a signif icant public benefit not only to the prospective residents of the development but to the entire community.
2. Facilities which may be considered shall be public facilities in dedicated
rights-of-way or easements, and for which a public agency has on-going responsibility to maintain and operate. The types of facilities to be financed are limited to:
(a) Arterial streets identified on the circulation element of the Carlsbad
General Plan.
(b) Sewer and water lines to be located within the right-of-way of arterial
streets when the City Engineer determines it is necessary that they be
so located.
(c> Drainage facilities and public utilities may be included which are
appurtenant and incidental to such streets.
3. Project property value to lien ration should be 4:l after the installation of
the improvements to be financed. A project may be approved with a ratio
between 4:l and a minimum of 3:l if the ratio is recommended by both bond
counsel and the underwriter and if the City Council finds the reduced ratio
to be within parameters acceptable to them. The value of the property
proposed to be assessed shall be determined by an M.A.I. appraisal,
performed by a appraiser selected by the City.
4. Projects shall be at the stage where all criteria of this policy can be
adequately assessed. Developments proposed for inclusion in a district shall
have already received environmental review and shall have already received
all legislative approvals such as zoning, master plans or specific plans.
The City Council may approve a district that includes some lands without legislative approvals if the improvement to be constructed is consistent with
the general plan and if the City Council finds the improvement is required in
the public interest.
5. Assessment districts shall have the concurrence of the affected area’s prop-
erty owners representing not less than 60 percent, by area, of the land
proposed to be assessed. The petition shall include an acceptance of this
policy and a waiver of the property owners’ rights under the Majority Protest
Act.
I -
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- L
CITY c CARLSBAD 8
COUNCIL PDLICY STATEMENT
GENERAL SUBJECT: ASSESSMENT DISTRICT FINANCING OF
PUBLIC IMPROVEMENTS
SPECIFIC SUBJECT: POLICY FOR USE OF 1915 ACT BONDS
Page 3 of 6
POLICY NO. 33
- DATE ISSUED G/ 9/87
EFFECTIVE DATE d/9/87
CANCELLATION DATE
SUPERSEDES DATE 5/29/84
COPIES TO: City Council, City Manager, City Attorney,
Employee Bulletin Boards, Press, File
Department and Division Heads,
6. The City shall select the assessment engineer, bond counsel, and, if required, the financial consultant. In making such selections the City will
take any suggest ions from the project proponents into account. The design
engineer and underwriter may be selected by the proponent of the district in
consultation with and subject to approval of the City.
7. A sum sufficient to pay all fees and costs for the proposed assessment
district prior to award of contract shall be deposited with the City by the proponents of the district. The proponents shall also be required to deposit with City a sum sufficient to cover all City costs incurred in connection
with review of a proposed district including staff review, legal review, administration, plan checking, investigation, City Council review and inspection. These sums will be retained by City to the degree used if the
district is not successfully completed or if such costs are not recovered by
City from the district. If the district is confirmed any sum not retained by
City 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 Municipal Improve-
ment Act of 1913, and the assessment district bonds shall be issued in accordance with the Improvement Bond Act of 1915 unless the City Council
determines otherwise.
9. Generally, there shall be no overlapping bond assessments or tax liens on
the proposed special assessment district at the time assessments are to be
affirmed by the City. The City Council upon advice of bond counsel may
approve an overlap provided the combined assessments are within the property
value ratios of paragraph 3 of this policy.
IO. The proponents of the district must demonstrate to the satisfaction of the
City Council that interim financing or other means is available for the
developments to be included within the district adequate to meet all assess-
ment obligations between the time the district is formed and the pay off of
the bonds or their assumption by the purchasers of the individual homes
within the proposed development. As part of the review the City Council may
also consider any indebtedness presently existing against the properties to
be assessed. The district proponents must bring all property tax bills
current and agree to keep them current prior to confirmation of the
district.
CITY OF ,ARLSBAD , I
COUNCIL POLICY STATEMENT
L
ZENERAL SUBJECT : ASSESSMENT DISTRICT FINANCING OF
PUBLIC IMPROVEMENTS
SPECIFIC SUBJECT: POLICY FOR USE OF 1915 ACT BONDS
r- -
Page 4 of 6
POLICY NO. 33
DATE ISSUED 6/9/87
EFFECTIVE DATE G/9/87
CANCELLATION DATE
SUPERSEDES DATE 5/29/84
ZOPIES TO: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
11. If the City Council determines it is necessary a financial feasibility study
may be required by a consultant selected by the City to be accomplished at
the expense of the proponents of the district to ascertain whether or not
the proposed development will find market acceptance. The City Council may
accept a private sale bond purchase agreement from a qualified underwriting
firm on terms and conditions satisfactory to the City in lieu of such a
study.
12. As part of the structuring of the financing for the district the City Council
shall require that an adequate reserve fund be established to cover any potential defaults. The City is not required to advance monies to the reserve fund to pay for deliquencies. It is the City’s intent that its
general fund not be obligated in any way for future deliquencies.
13. The City Council may require the district proponents enter into an agreement
with the City to be individually and jointly responsible for the cost of any foreclosures which the City determines are necessary in regard to the assessment district bonds. The City may, at its option, retain an attorney to prosecute the foreclosures in a timely manner in the name of the City and
the proponents shall agree to be responsible for all costs of such foreclosures. If the City Council approves a pass through of a bond to the
purchaser of an individual lot the proponents shall be relieved of their
obligations under the agreement for such lot.
14. It is the policy of the City Council in approving basic legislative authori-
zation for developments such as master plans for planned communities, to give
such approvals as part of the City’s ongoing planning process. That is, the
City reserves the right to modify the approvals in the future as they deter- mine the public interest may require. Such approvals when given are subject
to a condition that the construction of any part of a development does not
vest any rights to complete other portions of the development. Construction
of public improvements pursuant to an assessment district in undeveloped land
shall not vest any rights to the existing legislative approvals for the
property to be assessed or to any particular level, type or intensity of use. Proponents of a district shall include an acknowledgement of this policy as
part of their petition and shall expressly waive on their behalf and on
behalf of their successors and assigns any cause of action based on the case
of Fury v. County of Sacramento which might be applicable to properties to be
assessed.
CITY OF ,crRLSBAD
COUNCIL POLICY STATEMENT
GENERAL SUBJECT: ASSESSMENT DISTRICT FINANCING OF
PUBLIC IMPROVEMENTS
SPECIFIC SUBJECT : POLICY FOR USE OF 1915 ACT BONDS
I Page 5 of 6
POLICY NO. 33
I DATE ISSUED C/9/87
EFFECTIVE DATE 6/S/(57
I CANCELLATION DATE
I SUPERSEDES DATE 5/29/84
COPIES TO: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
15. It is the City’s desire that proponents discharge the assessment district
bonds applicable to their property prior to the sale of individual lots. The
City Council may approve a pass through of the bond obligation to a prospective purchaser at their sole discretion. A developer wishing to secure approval of a pass through must apply to the City in writing requesting permission to do so. The letter must contain a plan of how the prospective buyer will be notified and the steps taken to accomplish the pass
t hr ough . The required procedure shall include, but not be limited to, all of
the following:
a. Provide for full disclosure of this and any other assessment financing applicable to the property to prospective purchasers including principal, interest rate, duration and amount of monthly payments.
b. List the amount of the assessment lien in all sales brochures, all advertising and all purchase documents adjacent to the sales price of the property and in the same size type.
c. Give prospective purchaser an option to have the assessment lien
discharged prior to close of escrow or to assume the assessment lien by a
pass through as a part of the sales price of the house or by a reapportionment of the assessment.
Once the request is received from the developer, it will be placed on the
Council agends for consideration.
16. The principal purpose for the City Council’s approval of assessment district
financing is to complete the links in the City’s circulation system. The
City Council in that regard will not favor a proposed district which
contemplates the construction of a portion of an arterial street without
extending it in a logical way to connect to the City’s existing circulation system. The City may require that proponents of a district presenting a petition to expand the area to be included within a proposed district as may
be necessary to complete such circulation links.
I I---
CITY OF 4RLSBAD _ -
- COUNCIL POLICY STATEMENT
I
GENERAL‘ SUBJECT : ASSESSMENT DISTRICT FINANCING OF
PUBLIC IMPROVEMENTS
SPECIFIC SUBJECT : POLICY FOR USE OF 1915 ACT BONDS 1
Page 6 of 6
POLICY NO. 33
DATE ISSUED 6/9/W
EFFECTIVE DATE 6/y/87
CANCELLATION DATE
ISUPERSEDES DATE 5/29/84
COPIES TO: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
I PROCEDURE:
1. It is the intention of the City Council that proponents of a district have an
early opportunity to have the proposal by City staff for compliance with this
policy. In that regard, the City Council hereby directs the creation of the Project Review Committee. The Committee shall consist of the City Manager,
City Attorney, Community Development Director, Planning Director, City Engineer, Finance Director, Director of Utilities and Maintenance and City
Assessment Engineer. The Committee shall meet on request with proponents of
a district to review a project to determine whether or not the requirements
of this policy have been satisfied. Committee review shall take place prior to the presentation of an assessment district project to the City Council. Whenever any such project is presented to the Council it shall be accompanied
by a report containing the findings and recommendations of the Committee made
in regard to such project. The Committee may require the proponents to
furnish any information necessary to the evaluation of the proposed district.
The Committee may require all or any part of the deposits provided for in this policy to be made prior to commencing their review of the project.
2. Upon review of the proposed assessment district and after considering the
report of the Committee the City Council shall determine whether or not to
approve proceeding with the formation of the district. It is the policy of
the City Council of the City of Carlsbad to limit projects to the criteria set forth in this policy. The City Council reserves to itself the authority to approve or disapprove any proposed improvement district based upon the evidence received at the hearings held by the City Council. Any exceptions to the criteria of this policy will be approved only upon an express finding
by the City Council that the project is so affected with a public interest
that the City should assist in providing tax free financing for the improvement in order to satisfy a public need. If the City Council approves
proceeding with the formation of the district City staff and the proponents shall proceed to do that in accordance with State law and the requirements of this policy.
3. Where there are multiple proponents of a proposed district they shall
designate a spokesman authorized to act for the proponents in their dealings
with the City. The spokesman shall be responsible for collecting any fees
for deposit with the City, providing any necessary information to the City, and for communicating as necessary back to the proponents.
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THE PACIFIC RIM COUNTRY CLUB AND~RESORT
[$ijiJ ] ;J \lj,j;<
November 7, 1988
Mr. Lloyd Hubbs
City Engineer CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92009
-.
Re: The Pacific Rim Country Club and Resort Assessment District - Pacific Rim Drive
Dear Lloyd:
As we recently discussed, your Policy 33 Committee has
reviewed and will be recommending approval of the formation of an Assessment District for Alga Road/Poinsettia Lane.
Hillman Properties has also requested that Pacific Rim
Drive be included in an Assessment District. It is my
understanding that the Policy 33 Committee has denied our
Pacific Rim Drive Assessment District request as a result of
your interpretation of Council Policy 33.
PACIFIC RIM DRIVE
Policy 33 states that facilities may be financed "where the
public facility represents, in the City's opinion, a signifi-
cant public benefit . ..to the entire community."
However, the policy then restricts facilities to arterial
streets identified on the circulation element of the general plan.
We maintain that Pacific Rim Drive represents "a significant public benefit . ..to the entire community" even though it is classified as a 68 ft. Controlled Collector and does not appear
on the circulation element. We believe the intent of the
policy was to ensure "significant public benefit" and not be restrictive in application.
Construction of Pacific Rim Drive would result in significant
public benefit.
0 It would provide direct access from the Spinnaker Hill
Subdivision to the new elementary school.
0 It would provide a significant link to the City's scenic
road system.
0 It would provide visual access to Batiquitos Lagoon and
the wetlands buffer. EXHIBIT 3
7707 El. C‘AhllNO RtAl. CARlSHA~,CALIFORNIA 92009 . TFLECOi’lER blO-430-683Y 619-436-0907
Mr. Lloyd Hubb! - . - City of Carlsbau - . -November 7, 1988
Page Two - .
It would provide staging area parking for users of the
scenic lagoon trail.
It would provide access and parking for the coastal
access trail and kiosks.
It would provide a secondary access to Spinnaker Hill and enhance fire and other emergency response times outside the project area,
Completion of Pacific Rim Drive may be phased to coincide with completion of the lagoon enhancement project.
Pacific Rim Drive will also provide community access
to the Pacific Rim Sports Center in Carlsbad, and will be
particularly important in conjunction with the Batiquitos
Lagoon Enhancement Project.
Pacific Rim Drive is an important and significant public
benefit which should be recognized and supported by Council Policy 33.
Your recommendations of approval to allow Pacific Rim Drive to be included as an Assessment District, is requested.
Thank you for your consideration-
Sincerely,
D.L. Clemens
Vice President/General Manager
DLC:kaa
cc: Rinus Baak
.--. ~-~~-~ .-
THE :‘AC.IFIC RIM C:OLh’TRk’ CLUB ANL7 RESORT
TO: CITY COUNCIL
CITY OF CARLSBAD
PETITION AND WAIVER FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land shown on the map and
list attached as Exhibits “A” and “B” and made a part of this document.
2. We petition you to undertake special assessment proceedings under provisions of the “Municipal Improvement Act of 1913,” being Division 12 of the Streets
and Highways Code of the State of California for the following described public improvements:
The construction and installation of certain street improvements, including
grading, pavement, curb, gutter, sidewalk, fire hydrants, drainage facilities, sewer mains, water mains, street lights and medians, parkways, traffic signals, construction of sound barrier walls, landscaping, and relocation of
existing utilities, together with appurtenances and appurtenant work,
including acquisition of necessary rights-of-way and easements, all to serve and benefit properties within the boundaries of ASSESSMENT DISTRICT NO. s8-1 (ALGA ROAD).
The work to be performed is described in Exhibit “C”, which is attached hereto and made a part of this document.
3. We understand:
A. THAT the cost of the improvements will be charged to the
benefits from the improvements, including our land;
land which
B. THAT a report will be prepared on the project, including plans and specifications, a detailed cost estimate, and a division of the costs
among the benefited parcels of land, and that you will conduct a public
hearing on the report;
C. THAT the cost of preliminary and final project planning and
engineering, legal, environmental documentation, and other incidental
expenses will be included in the project cost;
D. THAT each property owner may pay his assessment either in cash
without interest or in installments with interest over a period of years;
E. THAT the bond obligation may be passed on to a prospective purchaser provided a full disclosure is made to the prospective purchaser.
4. We consent to other appurtenant work and acquisition that are, in the opinion of the legislative body, necessary to properly effectuate said improvements, and we hereby expressly waive the proceedings required and all limitations under the “Special Assessment Investigation, Limitation and Majority Protest Act of 1931”, being Division 4 of the Streets and Highways Code of the State
of California.
EXHIBIT 4
. - 5.
-
_ _ 6.
7.
8.
9.
We hereby fut zr request that all efforts and attem, , be made so that said
proceedings and the Resolution of Intention can be adopted at the earliest time.
We hereby further request that NBS/Lowry be appointed to act as the
engineer of work, and that Brown & Diven be appointed as bond counsel.
We agree to provide through sale or dedication all required rights-of-way or
easements necessary for the works of improvement located within our
ownership, all dedications to be accomplished before the ordering of the
improvements.
We acknowledge that some rights-of-way and easements necessary for the works of improvements may have to be acquired through condemnation from
other owners not included in the District.
We further acknowledge the City Council Policy Statement relating to assessment district financing and do acknowledge and agree that the Assess-
ment District proceedings do not guarantee any land development or land use
rights.
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT
THEY ARE T-HE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
PROPERTY OWNER: PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
ADDRESS: 7707 El Camino Real Carlsbad, California 92009
LIMITED PARTNERSHIP By: , a Delaware corporation,
general partner
Title: Vice President/General Manager f P a
JC / VEt
Date: November 21, 1988 e 4
,pP G’ \z\d
xf
&“ -# 6
FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF -9 of PC
, 1988.
Said Petition represents over 60% of the assessable area.
CITY CLERK CITY OF CARLSDAD
STATE OF CALIFORNIA
Exhibit A
THE PROPERTY
/
ASSESSMENT DISTRICT BOUNDARY
(typical)
~-:pi /r 1 . . p---
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Q
%,
%/,,,,,I\\\”
2i6-D4W6
Li.. l#f@- 116-061-10
1 4
I 73 ad
$‘,\
(PART)
.‘-j- ( --
\
L i I /--
\ I/’ L
7 A L 216-11 l-03 (PART) J I 1 L
L
- .nnTn
:---~-~-B2*quitps_La~~--- ----; I
*‘.- r-- 5 ’ -i --------w- ‘-AC--------,
: . IEd
P&D Technologies
401 WEST A STREET SUITE 2500 SAN OIEGO, CAUFORNA 92101
Telephone: (619) 232-4466
Legend:
--- FUTURE ROAD
m E%lSTINQ ROAD
11111111111111111111lllllllnlll PROPOSED PROJECT NOT TO SCALE
. - . .
- .
EXIjIBIT B
ALGA ROAD/PACIFIC RIM DRIVE ASSESSMENT DISTRICT OWNER’S LIST
County of San Diego
Assessor Parcel No. Owner
Gross
Area (Acres)
215-070-05 PRLA 5.03
215-040-02 PRLA 20.00
215-040-15 PRLA 20.12
215-080-02 PRLA 74.75
215-050-14 PRLA 10.06 215-051-10 PRLA 82.42 215-040-16 PRLA 560.07
214-170-51 PRLA 40.00 216-150-06 (Part) PRLA 35.09 216-l 1 l-01 (Part) PRLA 88.01 216-l 1 l-03 (Part) PRLA 46.34
TOTAL 981.89 +Acres
PRLA = Pacific Rim Land Associates Limited Partnership
Part = Portions of these parcels are excluded following “Title Settlement and Exchange Agreement and Conveyance of Public Access Easement” executed between Pacific Rim Land Associates and the State of
California on June 6, 1988.
.
EXHIBIT C
GENERAL DESCRIPTION OF WORK
ALGA ROAD ASSESSMENT DISTRICT
CITY OF CARSLBAD ASSESSMENT DISTRICT NO. 88-1
The General Description of Work to be completed by this Assessment District
consists of grading and street improvements along (1) Alga Road from its current terminus just west of El Camino Real northwesterly about 10,000 linear feet to Poinsettia Lane; (2) Poinsettia Lane from its current terrninus east of I-5, easterly about 1,900 linear feet to Alga Road; and (3) Pacific Rim Drive from Batiquitos Drive southeasterly about 11,000 linear feet to Alga Road. The work will be phased as follows:
PHASE I (To be Acquired)
A.
B.
C.
D.
E.
Remedial grading and surcharging of the Alga Road/Poinsettia Lane
embankment including removal of alluvial and colluvial soils, replacement and compaction of saturated soil materials, installation of facilities to accelerate consolidation and settlement, importing additional material to
heighten the embankment, the installation of applicable drainage facilities,
and erosion control landscaping.
Mass grading to subgrade of Alga Road/Poinsettia Lane and Pacific Rim
Drive, including removal of alluvial and colluvial soils as may be necessary,
compaction of subgrade, construction of slopes, installation of drainage facilities and erosion control.
Foundation and pavement construction for all or portions of Alga
Road/Poinsettia Lane and Pacific Rim Drive together with all related utility and finish work including water mains, fire hydrants, sewer lines, storm drains, catch basins, underground utilities, curbs, gutters, sidewalks, landscaping, irrigation, traffic signals, medians, lighting, street and traffic
control signs, and sound barrier walls.
Relocation of existing utilities as required.
Acquisition of necessary right-of-way to complete all items of work.
PHASE II (To be Constructed)
A. Construction of remaining street improvements for Alga Road/Poinsettia
Lane and Pacific Rim Drive together with all related utility and finish work.
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ASSESSMENT DISTRICT INITIATION
AND WAIVER AGREEMENT
THIS AGREEMENT entered into this /* day of e7 1988, by and between the CITY OF CARLSBAD, a municipal orporation of the State of California (hereinafter referred to as “City,,), and PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as “Property Owner’,).
WHEREAS, Property Owner is expressly petitioning and requesting that City initiate special assessment proceedings pursuant to the provisions of the “Municipal Improvement Act of 1913” (Division 12 of the Streets and Highways Code of the
State of California) to form a special assessment district for the purpose of financing and constructing certain public improvements that will be a benefit to the property owned by Property Owner, said special assessment district to be
known and designated as ASSESSMENT DISTRICT NO. 88-l (Alga Road)
(“Assessment District”); and,
WHEREAS, City is willing to acquiesce and to undertake proceedings to form said special Assessment District pursuant to the request of Property Owner, and it is further acknowledged by both City and Property Owner that City has not
promoted or initiated the special assessment proceedings and it is further
acknowledged that Property Owner has not been required by City to utilize said special assessment district financing and that alternate forms of financing the
public facilities are available to Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner that certain of the costs and expenses for the special assessment proceedings will be assessed to the benefitting properties owned by Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner that by initiating the proceedings for this Assessment District that the Property Owner
does not have any present and/or future vestings to land use or change of land use,
and that the Assessment District proceedings, subsequent confirmation of
assessment and resulting liens do not in any way guarantee any rights to develop said property, and Property Owner is a volunteer to the initiation of said proceedings; and,
WHEREAS, it is further acknowledged that City has adopted a Growth Management Program, one of the primary purposes of which is to prevent growth unless adequate public facilities and services are provided and which contains,
among other things, Public Facilities and Service Performance Standards and a Citywide Facilities and Improvement Plan; and
WHEREAS, the property owned by Property Owner (the “Property”) and included within the boundaries of this Assessment District is that property as set
forth and described in the attached, referenced and incorporated Exhibit “A,,.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
Property Owner acknowledges that City has adopted a Growth
Management Program which will require corn pliance with
Performance Standards, the Citywide Plan and completion of a Local
Facility Management Plan and which may require payment of fees and construction of additional public facilities beyond those to be
constructed within the assessment district before development can take place.
Property Owner acknowledges that through Property Owner’s request for initiation of proceedings and City’s acquiescence to the
proceedings, that Property Owner does not gain or develop any vested
rights to further development, land use or zone change to the Property.
Property Owner hereby waives any right, entitlement or claim which
Property Owner has or may have resulting from any public
inf rastrucure facilities constructed utilizing assessment district financing.
Neither the establishment of an assessment district, the levy of
assessments, the issuance of bonds, the payment of assessments, nor any combination thereof, shall create in the Property Owner any vested right or entitlement to develop the Project either in accordance with the existing land use of the Property or any other particular level, type or intensity of land use.
Property Owner hereby waives any cause of action and agrees to
forebear from bringing suit against the City, its officers and/or
employees, seeking to enforce any right, entitlement or claim or
seeking monetary damages or any other form of equitable or other
relief whatsoever, related to the formation of the Assessment District.
This Agreement may not be amended except by written instrument executed by the parties hereto.
The terms and provisions of this Agreement shall be binding upon and
inure to the successors, assigns and beneficiaries of the parties.
Upon execution of this Agreement by the parties hereto, the City
shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of San Diego.
SECTION 10. In the event that any legal proceedings are instituted by the City to enforce any term or provision of this Agreement, the City shall be entitled to recover its attorney’s fees and costs from the Property Owner.
-IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto
on the day and year first written above.
PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware
limite~~~~r~~~~*~S~~~*~~S
BY: [
a Delaware corporation,
TITLE: Vice PrBManager
APPROVED AS TO FORM:
City Attorney V
ATTEST:
dQJLi8 ALETHA L. RAiJ City Clerk
F- Exhibit A -\
THE PROPERTY
ASSESSMENT DISTRICT SOUNDARY
(typical)
216-04+ld
216-111-08 (PART)
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1dephon.t (619) 232-4466
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--- FUTURE ROAD
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lllllllllllllllllllllllllllnlll PROPOSED PROJECT NOT TO SCALE
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. -
.
ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 1988, by and between the CITY OF CARL
of California (hereinafter referred to as “City,,), and PACIFIC
RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as “Property Owner,,).
RECITALS --------
A. Property Owner owns certain real property that at this time is proposed to be included within the boundaries of a proposed special assessment district where the City would be conducting proceedings under the provisions of the “Municipal Improvement Act of 1913”, being Division 12 of the Streets and
Highways Code of the State of California, said special assessment district
hereinafter known and designated as
ASSESSMENT DISTRICT NO 88-l ALGA ROAD
(hereinafter referred to as the “Assessment District”).
B. Property Owner is in agreement to providing environmental, engineering, surveying and related services, and to advancing funds to allow the City to pay for all initial consulting and administration costs and expenses related to said proceedings, said services and monies being subject to reimbursement or credit upon a successful confirmation of assessments and sale of bonds.
C. The parties hereto wish to enter into an Agreement to provide for the
advancement of funds and reimbursement or credit for services and monies
previously advanced.
AGREEMENT ---------
SECTION 1. The Property Owner shall advance monies to the City upon demand to
pay all preliminary costs for consultants and staff administration
necessary for the formation of the special Assessment District, and if said costs are not advanced, the consulting services will not proceed. The City agrees to keep records to clearly show the amount of monies advanced for preliminary consulting or administrative services. The Property Owner agrees to keep records to clearly show
monies expended for environmental, engineering, surveying, and
related services. Upon completion of the proceedings and a successful sale of bonds, Property Owner can have the following options:
a. All services and monies advanced shall be reimbursed in cash;
b. All services and monies advanced shall be applied as a credit
upon its assessments.
C. A combination of the above.
SECTION 2. The costs and expenses advanced shall pay for the following services:
a. Appraisal (Roberts h Roberts)
b. Acquisition (William MacFarlane)
C. Right-of-Way Legal (Asaro & Keagy)
d. Bond Counsel (Brown h Diven)
e. Engineer of Work (NBS/Lowry)
f. City administrative time.
For the scope of the work and terms and conditions of the contracts for the above referenced consultant or consultants, reference is made
to the contracts on file in the Office of the City Clerk.
SECTION 3. The monies to be advanced shall be deposited and advanced to the City at the time of execution of this Agreement in the amount of $156,500. Said monies shall be used to pay for preliminary costs and
expenses for bond counsel, assessment engineering services and City
administrative time.
If additional monies are necessary, the City shall make demand upon Property Owner and Property Owner shall immediately thereafter, within fifteen (15) working days, deposit said monies with the City to
cover the balance of the costs and expenses.
This Agreement is intended to cover only preliminary legal expenses,
assessment engineering services and City administrative time. If additional categories of work not covered in Section 2 above are required and needed, a supplemental Assessment District Reimburse- ment Agreement will be executed.
SECTION 4. If the proceedings are not successful and are abandoned prior to any
successful sale of bonds, there will be no obligation on the City to
reimburse Property Owner for any costs and expenses advanced, and
the City does agree to the following:
a. Reimbursement of any surplus monies the City has on deposit in
excess of those needed for final payment of consulting services and/or administrative time; and,
b. All other funds previously paid shall not be subject to reim- bursement .
SECTION 5. All plans, specifications, and other preliminary documentation as
prepared shall become the property of the City, regardless as to whether the Assessment District is actually formed or confirmed.
SECTION 6. This Agreement does not in any way create an obligation or vesting that the City will decide to proceed with a special assessment district, and the City expressly reserves the right to abandon the
proceedings at any time prior to the conclusion of the public hearing.
SECTION 7. This Agreement shall be binding on the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first hereinabove written.
PACIFIC RIM LAND ASSOCIATES CITY OF CARLSBAD
LIMITED PARTNERSHIP, a Delaware
limited partnership PACIFIC RIM I.&ID ASSOCIATES LIMITED PARTNERSHIP
BY: a Delaware corporation,
Title: Vice President/General Manager
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
SPECIAL COUNSEL AGREEMENT .
THIS AGREEMENT is made and entered into this /S day of
1988, by and between the CITY OF CARLSBAD, CALIFORNIA, a pu.&lic corporatio;
(hereinafter referred to as "City"), and BROWN t DIVEN, (hereinafter referred to as
"Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the
proposed assessment proceedings and bond issuance in the matter of a
proposed special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (ALGA ROAD), (hereinafter referred to as the "Assess-
ment District") under proceedings conducted pursuant to the provisions
of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
Said services shall include:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Review of the dedication and acquisition of the streets and ease-
ments and other property in which work is proposed to be performed;
Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment District,
the assessment roll and bonds, and the giving of instructions and
advice in connection with the foregoing;
Recommendations as to procedure, schedules and actions that should
be conducted and taken;
Preparation of all resolutions, notices, contracts, bond forms, and
other papers and documents required in the proceedings;
Examination of the proceedings, step by step, as taken;
Appear at all hearings under the proceedings, and attend any meeting
where attendance is requested;
Make recommendations 'as to sale of bonds, if desired:
Perform legal services, if required, pursuant to the provisions of
the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931", being Division 4 of the Streets and Highways
Code of the State of California;
Issuance of an approving legal opinion attesting to the validity of
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with
the acquisition, by easement or condemnation, of any easements or other
interest in real property necessary for the proposed improvements.
These services can be provided by Counsel, by separate agreement, if
desired.
. .
-SECTION 2. That the City shall perform as follows:
A.
B.
C.
SECTION 3.
Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as are
available and may be reasonably required by Counsel in the
performance of the services hereunder;
Pay to Counsel a fee computed on the confirmed assessment as
follows:
ONE PERCENT (1%) of the first $l,OOO,OOO;
ONE-HALF PERCENT (l/2%) from $l,OOO,OOl to $7,500,000;
ONE-QUAFTER PERCENT (l/4%) from $7,500,001 to $15,000,000;
ONE-EIGHTH PERCENT (l/8%) on the balance thereof.
Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and delivery
of bonds to the successful underwriter.
In the event the proceedings are terminated or abandoned prior to
completion, Counsel shall be paid a reasonable fee for services rendered
to date based on an hourly rate of $125.00 per hour, not to exceed
$5,000.00.
SECTION 4. This Agreement contemplates that Counsel shall pay all ordinary out-of-
pocket expenses incurred, including travel, telephone and copy, and the
only expenses to be billed to City would be extraordinary messenger
and/or overnight mail delivery services.
SECTION 5. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first hereinabove written.
m Pay CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
CITY 3F CAALSBAD
STATE OF CALIFORNIA
-XL7 "COUNSEL
. . -.
. .
9TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT)
THIS 9TH SUPPLEMENTAL AGREEMENT to the above described
agreement as approved by the City Council of the City of
Carlsbad on March 12, 1985, hereinafter referred to as
"Master Agreement", is made and entered into as of the /a@
day of A, 1988, by and between CITY OF CARLSBAD,
a municipal corporation, hereinafter referred to as "City"
and NBS/LOWRY INCORPORATED, hereinafter referred to as
"Consultant".
RECITALS
City requires the services of an assessment engineering
consultant to assist in processing of an assessment district
in Local Management Plan Zone 19.
The major land owner, HP1 Development Co., has had prepared a
preliminary feasibility and cost study for an Assessment
District and have requested the City to commence procedures
for the formation of an Assessment District to be known as
the Alga Road Assessment District.
NOW, THEREFORE, City and Consultant mutually agree to
supplement the above referenced agreement as follows:
1. CONSULTANT'S OBLIGATION
. _ . .
.
The following paragraphs are intended to encompass all
duties and responsibilities of the "Engineer of Work" and the
"Assessment Engineer," as such terms are customarily used in
proceedings under the Municipal Improvement Act of 1913 and
the Improvement Bond Act of 1915. In addition, Consultant
shall be responsible for providing public information with
regard to the Alga Road Assessment District for City.
Consultant shall perform all work necessary to assist
the City Engineer in processing the Alga Road Assessment
District. The work shall include but not be limited to the
following as directed by the City Engineer:
a. Mapping - Prepare maps (boundary maps and
assessment diagrams) and related documents required under the
Municipal Improvement Act of 1913.
b. Engineer's Report and Investigation Report -
Prepare the Engineer's Report required by said Act and the
Investigation Report required by The Special Assessment
Investigation, Limitation and Majority Protest Act of 1931.
C. Property Listings - Prepare and keep current the
following lists for all properties:
0 A mailing list of the record owners of all
parcels within Assessment District including
. assessment number and the assessor's parcel
number, legal description, mailing address of
owner, value of land and improvements, and
amount of assessment.
0 An alphabetical list of the record owners
-3-
,
of all parcels within Assessment
District.
d. Printing and mailing of Notices - In connection
with formal hearings to be held, arrange for printing and
mailing of notices prepared by the bond counsel. Prepare and
arrange for printing and mailing general information material
to all property owners in accordance with the legal time
schedule. Arrange for printing of hearing and posted notices
and posting as required by said Act. Remove posted notices
promptly after hearings.
e. Testing of Assessment Criteria - Review all
alternative criteria or methods of assessment for the
individual parcels of land. Hold meetings with the City
staff, affected land owners, bond counsel, and financial
consultant on a periodic basis for review and testing of
assessment criteria.
f. Bond Sale Information - Provide information
necessary for the bond counsel or financial consultant,
including but not limited to: information for bond opinion;
information to be included in an official statement to be
issued by the City to bond purchasers, including all
information contained in the Engineer's Report; and general
information and data regarding the Assessment District.
4* Informal Meetings - Attend all informal meetings or
hearings held for the purpose of disseminating information to
the public. Prior to such meetings or hearings, prepare and
assemble information for purposes of making a complete and
.
, --
. . * factual presentation. Prepare sufficient copies of written
information for public distribution.
h. Formal Hearings - Attend all hearings held under
said Act, fully prepared to present all necessary testimony
and to respond to all public comments. Prior to the hearing,
prepare a booklet for each member of the City Council and
reach staff member consisting of a proposed agenda,
Engineer's Report, summary of construction bids, tabulation
of final assessment on each parcel of land, alphabetical list
of ownership, and general information. Prior to conclusion
of the hearing, tabulate all protests and file a written
summary thereof with the City Clerk.
i. Filing Assessment Documents - After the final
hearing for the formation of the Assessment District, file
the assessment diagram, roll and notice of assessment with
the appropriate public officials, such as the City Clerk,
Superintendent of Streets, County Recorder, County Surveyor,
Treasurer or Paying Agent, and other City and County
officials.
L Final Assessment Notices - Prepare final assessment
notices and arrange for mailing said notices to property
owners, as requested and confirmed by the City Council at the
hearing.
k. Unpaid Assessment List and Bonds - After expiration
of the cash collection period, prepare a paid and unpaid list
of assessments.
1. Treasurer's Report - Assist in the preparation of a
-4-
L -
. . - .
.
.
Treasurer's Report of unpaid assessments.
m. Acquisition Cost Analysis - Review all claims for
reimbursement resulting from the acquisition of any
improvement constructed by owners pursuant to an acquisition
agreement between City and Land Owner. Prepare detailed
analysis of said claims and make recommendation to City on
allowable acquisition costs.
n. Specifications and Bidding Documents - Prepare
quantity take-off, specifications and bidding documents if
required, for construction plans prepared by Land Owner's
Engineer to allow public bidding of the work of improvement
bY the City. Consultant shall analyze bids and make
recommendation to the City.
0. Plan Checking -
1. Checking Improvement Plans for those public
facilities to be included in the Assessment
District as said plans are proposed and
/ submitted to City for review and checking.
2. Checking and review of right-of-way documents
to include legal descriptions, plats and
conveyance documents. Provide control and
indexing of said right-of-way documents.
Assure City that all right-of-way required by
the assessment district is provided for in the
documents.
-5-
- .
.
Pm Project Management -
Provide management and coordination services to
include but not limited to the following:
1. Monitor program schedule and advise City of
slippage, discrepancies, omissions, key
milestones and potential problem areas.
2. Representing City, to work and coordinate
closely with property owners and their
representatives to evaluate problems, answer
questions and attempt to keep Assessment
District on schedule.
3. Prepare periodic written reports to City.
2. ADDITIONAL SERVICES
When authorized in writing by the City Engineer,
Consultant shall perform or obtain from consultants or
subcontractors approved by City, additional services in
connection with the Project not otherwise provided for in
this Agreement. Said additional services shall be paid for
by City as provided in Section 5 of the Master Agreement.
3. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days after
receipt of notification to proceed by the City Engineer.
Work shall proceed in a diligent manner to conclusion
-6-
-.
- .
.
_ _
. _ according to a schedule approved by the City Engineer.
Extensions of time may be granted by the City Engineer in
accordance with Section 3 of the Master Agreement.
The date of the public hearing before the City Council
has not been set.
4. FEES TO BE PAID TO CONSULTANT
A. City shall pay Consultant for services described
under Section 1, paragraphs a through 1 inclusive, of this
Supplemental Agreement, a lump sum fee of Fifty Thousand
Dollars ($50,000) less a $2,000 credit per letter agreement
dated June 7, 1988 for a total lump sum fee of Forty-eight
Thousand Dollars ($48,000).
b. City shall pay Consultant for services described
under Section 1, paragraphs m through p inclusive, of this
Supplemental Agreement, on an hourly rate basis per current
"Schedule of Hourly Billing Rates". A copy of the present
"Schedule of Hourly Billing Rates" marked Exhibit "A" is
attached hereto.
C. Upon the
made by or billed
basis pursuant to
execution of this Agreement, any payments
to City by Consultant on an hourly rate
the Master Agreement for this Assessment
District shall be credited to and be considered as included
in the lump sum fee set forth above in this Section.
-7-
. . ,
. _ _ IN WITNESS WHEREOF, This Supplement to Agreement dated
March 13, 1985, has been executed by the parties through
their duly authorized
hereinabove written.
NBS/LOWRY INCORPORATED
representatives as of the date first
Title: u;(Jc
APPROVED AS TO FORM: ATTESTED:
City Clerk
-8-
EXHIBIT "A"
ENGINEERS & PLANNERS
SCHEDULE OF HOURLY BILLING RATES
Effective July 1, 1988
OFFICE:
ENGINEERING
Senior Principal Consultant ,. ._. ,,,. ,. ._.. .,. ,_..,._, ._...__. ._..,,.. ,.. ,. .._. ,. $135.00
Principal Consultant .................................................................................................
Senior Principal Engineer ...........................................................................................
Principal Engineer ............................................................................................... ....
Assistant Principal Engineer .................................................................... ...................
Senior Engineer .......................................................................................................
Engineer ................................................................................................................
Associate Engineer ...................................................................................................
Assistant Engineer _. _. _. _. _,
PLANNING
Principal Planner .....................................................................................................
Assistant Principal Planner .........................................................................................
Senior Planner ........................................................................................................
Planner ..................................................................................................................
Associate Planner ....................................................................................................
Assistant Planner .....................................................................................................
DESIGN AND DRAFTING
Senior Designer .......................................................................................................
Designer ................................................................................................................
Senior Drafter .........................................................................................................
Drafter II ................................................................................................................
Drafter I .................................................................................................................
Delineator ..............................................................................................................
Engineering Aide .....................................................................................................
FIELD:
CONSTRUCTION MANAGEMENT Principal Engineer . . . . _. . . . . .
Senior Resident Engineer . . . . . . Senior Project Representative . . . .
Resident Engineer . . _.
Project Representative .
Associate Project Representative .~. - --
78.00
78.00
62.50
53.00
53.00 49.00
Senior Inspector . 2.80 x Direct Salary
Insoector
SURVEYING
2.80 x Direct Salarv
Principal Surveyor .................................................................................................... 78.00
Assistant Principal Surveyor ....................................................................................... 62.00
Supervising Surveyor ................................................................................................ 59.50
Survey Crew with Equipment .................................................................... 2.80 x Direct Salary
Travel Time - (when in excess of eight hours work time per day) .................... 1.40 x Direct Salary
SEFWICES AND EXPENSES: Computer, Central Processing Unit (CPU) ...........................................................
Connect Time, per Hour
WS,,,,~
...........................................................................
Printing ..................................................................................... 1.50/100-lines
Storage (1000 characters) ................................................................... 45’/Month
Minimum ............................................................................................... 25.00
Computer Analyst .................................................................................................... 78.00
Programmer ........................................................................................................... 53.00
Technician .............................................................................................................. 42.00
Researcher/Processor ...............................................................................................
Executive and Administrative Secretary ......................................................................... :::::
Data Entry ............................................................................................................. 33.00
Secretary/Clerk ....................................................................................................... 28.00
In-house Reproduction .............................................................................................. cost
Mileage ............................................................................................................. 28’/MiIe
Subsistence ............................................................................................................. cost
Other Expenses - including Special Consultants and Purchased Services through Subcontracts ................................................ cost + 15%
105.00
92.00 78.00
71.00
64.00
53.00 49.00
44.50
78.00
71.00
64.00
53.00
49.00
44.50
55.00 53.00
50.00 47.00
39.00 33.00
28.00
Bdlrng rates mdude overhead eqwpmcnr rpocc rental. etc These btlling mm we sub,ect to tncreose each year due to unmn agreemcntr and salary ~~CIPOYI
A lo@ payment FINANCE CHARGE urrll be appbed Lo any unpmd boloncc. commcncmg thmy 1301 doyr ofrer the dole o( the ongmol snuo,ce .,I rhe rmxmmum mleresf rote oilou,ed by 1.w
6/88
.A-
November 2, 1988
TO: CITY COUNCIL
FROM: POLICY 33 PROJECT REVIEW COMMITTEE
COUNCIL POLICY 33 REPORT - ALGA ROAD AND PACIFIC RIM DRIVE
CONCLUSIONS:
1. Alga Road and the 1900-foot extension of
Poinsettia Lane have met or will meet all the
requirements of Policy 33 for the use of 1915
Act bonds.
2. Pacific Rim Drive does not meet the requirements
of Policy 33 and should not be included in the
assessment district.
RECOMMENDATIONS:
1. Approve initiating an assessment district using
1915 Act bonds for Alga Road and the Poinsettia
Lane extension.
2. Require full improvements - including landscaped
median - be constructed up front for both streets.
3. Do not include Pacific Rim Drive in the
assessment district.
4. Include all properties benefiting from the
Poinsettia Lane extension in the assessment
district.
5. Permit the pass-through of assessments to
residential property owners but permit the
homeowners the option of paying off the
assessment at the time of purchase.
INTRODUCTIONS:
Hillman Properties, owners of the Pacific Rim Master Plan
area, have proposed an assessment district using 1915 Act bonds which
would include the following: the extension of Poinsettia Lane - a major
arterial - from its existing end to 1900 feet east (full width or partial width);
EXHIBIT 2
-2-
Alga Road - a secondary arterial - from its intersection with the Poinsettia
Lane extension to the existing Alga Road improvements just west of El
Camino Real, a length of about 10,000 feet (full width improvements) ;
Pacific Rim Drive - a collector street - from Batiquitos Lane on the west
to Alga Road on the east, a length of about 11,000 feet (full width improve-
merits) .
The Policy 33 Project Review Committee met to review the request
and determined that more information was needed and requested that a
feasibility study be prepared. This study was completed by NBS/Lowry
and presented a cost estimate, several methods of spreading the assessments
and gave estimated assessments.
ANALYSIS:
Upon completion of the feasibility study, the Project Review
Committee met again on September 9, 1988 and evaluated the assessment
district request according to Council Policy 33. The Policy contains sixteen
points which are to be evaluated and all points are required to be met in
order for a proposal to proceed to theformation of an assessment district.
Alga Road/Poinsettia Lane and Pacific Rim Drive are evaluated separately
below. Each number corresponds to the policy requirements as listed in
Council Policy No. 33. The entire policy itself is attached for reference.
-3-
-- I . - . . COUNCIL POLICY 33 EVALUATION
h
- - * means significant issue
REQUIREMENT ALGA RD. /POINSETTIA LANE PACIFIC RIM DRIVE
* 1.
* 2.
* 3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
* 16.
Significant public Yes. New l-5 to ECR
benefit link.
Arterial street
Property value to
lien ratio 4: 1
Yes. Major and secondary
arterials
Yes.
Development has
approvals.
Yes.
60% of property
owners concur.
Yes.
City selects engineer
and bond counsel.
Yes.
Funds for initial
work deposited.
Yes.
Use 1913 Act
procedure; 1915 Act
bonds.
Yes.
No overlapping bonds
without approval.
Interim financing .
Financial study.
Reserve fund.
Joint foreclosure
responsibility.
O.K. Future Mello-Roos O.K. Future Mello-Roos
may be permitted. may be permitted.
Yes. Yes.
Not required. Not required.
Yes. Will be established. Yes. Will be established.
Not required. Not required.
Waive any vesting
rights.
Disclosure of pass-
through.
Complete circulation
link.
Yes. Agreement signed. Yes. Agreement signed.
Yes. Will be done. Yes. Will be done.
Yes. l-5 to ECR. No. Local loop street
No. Serves development
only.
No. Collector street
No. Restaurant and
commercial will be less.
Yes.
Yes.
Yes.
Yes.
Yes.
-4-
DISCUSSION:
Alga Road and Poinsettia Lane clearly meet all the requirements
of Policy 33, especiallythe “big three”, namely:
1. Significant public benefit (a parallel route to
relieve La Costa Avenue).
2. An arterial street (Alga Road is a secondary
arterial and Poinsettia Lane is a major arterial).
16. Complete a circulation link - the “principal
purpose” of 1915 Act districts according to
Policy 33 - (connects I-5 to El Camino Real).
Pacific Rim Drive, on the other hand, meets noneof these
requirements above and will not meet the 4:l property value to lien ratio
for the hotel or commercial lots. The Project Review Committe considered
including Pacific Rim Drive in the district if a connection were made from
Pacific Rim to Arenal Road. This connection is important as a second
access to the development and as a fire access because Fire Station No. 2
is located on Arenal Road. The idea was dropped, however, because
requirements numbered 1, 2 and 3 were still not met.
Policy 33 procedure provides that the City Council may make
an exception to Policy 33 only by an express finding that the project
is so affected with a public interest that the Council should assist to
satisfy a public need. Should Council decide to make an exception, the
Project Review Committee recommends that the Arenal Road connection
be required to be included as well.
The Poinsettia Lane extension is not on Pacific Rim property.
If full width improvements are installed, as recommended by the Committee,
and the properties surrounding the street are not included in the district,
who will pay for the widening which is in excess of Pacific Rim’s obligation?
If Pacific Rim pays, they are entitled to a reimbursement which is difficult
to administer and would require City involvement and a fee. If, however,
the benefitting properties are included in the district and assessed, Pacific
Rim might be willing to make side agreements with the owners to pay
their assessments until they develop, at which time they would repay
Pacific Rim. The latter appears a more workable solution and the Committee
recommends including all benefitting properties in the district.
The final issue is the pass-through of assessment payments
to residential property owners. This has not been addressed previously
as College Blvd. and Palomar Airport Road are within property that is
zoned industrial. Allowing one developer to install streets under an assessment
district and pass-through the assessment lowers his development costs
relative to an adjacent developer who does not have such a benefit. On
the other hand, if a developer is required to pay off the assessment
prior to finalizing each map for a residential subdivision, the benefit of
assessment financing is largely lost.
--. .
_ . . -5-
If Council decides to permit a pass-through of assessments,
Council Policy 33 requires the developer to submit a detailed plan of how
disclosure of the assessment will be made. Such disclosure must be made
in sales brochures and advertising as well. In this manner, a potential
buyer should become aware of the additional assessment costs and factor it
in his decision on a purchase.
The Project Review Committee recommends that a pass-through
be permitted for the Alga Road/Poinsettia Lane Assessment District. The
assessments of $2500 on a single family house and $2000 on a condominium
unit are modest and should not have a significant impact.
Respectfully submitted,
RICHARD H. ALLEN, JR. -
City Assessment Engineer
for the POLICY 33 PROJECT REVIEW COMMITTEE
RHA:pm
Attachment: Council Policy Statement No. 33
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 ALGA ROAD/POINSETTIA LANE AND BATIQUITOS LANE
FEASIBILITY STUDY
September 15, 1988
NBS/Lowry Project No. A68-015-016
Prepared by:
NBS/LOWRY INCORPORATED Engineers & Planners San Diego, California
c# Ff~ff CutW CrrY QQWC
AC%% eoc\o 12 - 6-8V
F<+-b~Rl-l- L:
.
SECTION
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
TABLE OF CONTENTS
PAGE
INTRODUCTION . . . . . . . . . . . . . . . .
BACKGROUND . . . . . . .
PROPOSED IMPROVEMENTS . .
COST ESTIMATE . . . . . .
. .
. .
. .
. .
. .
. .
METHODOLOGY FOR ASSESSMENT SPREAD
MELLO ROOS TAX FOR SCHOOLS . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
FINANCIAL FEASIBILITY . . . . . . . . . . .
SINGLE vs. MULTIPLE OWNER ASSESSMENT DISTRICT . a . . . . . . . . . . . . . . .
1
2
2
5
6
13
15
16
FIGURE
1 BOUNDARY MAP . . . . . . . . . . . . . . . . 3
i
I. INTRODUCTION
The purpose of this feasibility study is to present
information to allow the Policy 33 Committee of the City
of Carlsbad to make further decisions. Specifically,
the
the
scope of work for this feasibility study, includes
following:
1.
2.
3.
Submit alternative spread methods.
Analyze the impact of spread methodology on
residential assessments.
Identify potential conflicts between the Mello-Roos
Tax for schools and this proposed assessment for
roads, should the assessments be allowed to pass
through to the new homeowners. Coordinate and
discuss this matter with the school district.
4. Review the area of benefits and the viability of a
single (that is just Pacific Rim Country Club and
Resort property) versus multiple owner assessments.
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- . II. BACKGROUND _ .
This study utilizes information from the following:
1. Draft, Preliminary Financial Feasibility Study for
Proposed Alga Road Assessment District, dated,
January 1987, prepared by HP1 Development Co.
2. Draft, Master Plan of the Pacific Rim Country Club
and Resort, approved as revised by the Planning
Commission of the City of Carlsbad, on November
4th, 1987.
3. Local Facilities Management Plan, Zone 19, Revised
on October 9, 1987.
III. PROPOSED IMPROVEMENTS
The proposed improvements to be included in the
assessment district are shown on Figure No. 1 and
include all preliminary and final planning, design,
environmental analysis, construction plans, specifica-
tions, cost estimates, surveys, construction and inspec-
tion necessary to implement the following facilities:
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\
\ Ulnr*
Exhibit A
BOUNDARY MAP
ASSESSMENT DISTRICT
ALGA ROAD and PACIFIC RIM DRIVE
ASSESSMENT DISTRICT (typical)
BOUNDARY
21eo4+16 21eo4+16
-- --
_ - . . .
. ’
l-f- -- 1 21-2 I I I 1
Legend:
-w- FUTURE ROAD
- EXISTING ROAD
i
f- aD f
lllllllllllllllllllllllllllppl PROPOSED PROJECT NOT TO SCALE
MODIFIED BY NBS/LOWRY -3- Figure No. 1
,
Alga Road - a secondary arterial with a 102 foot right
of way from its current terminus near El Camino Real,'
westerly approximately 10,000 lineal feet to Pointsettia
Lane. The project includes full improvement of Alga
Road, including dedication, full right of way grading,
drainage facilities, paving, curbs, gutters, sidewalks,
medians, parkways, landscaping, street lighting, traffic
signals, and water and sewer utilities, as needed: and
Pointsettia Lane - a major arterial with 102 foot right
of way from its current terminus, easterly about 1,900
lineal feet to Alga Road. The project includes full
improvements, including dedication, full right of way
grading, drainage facilities, paving, curbs, gutters,
sidewalks, medians, parkways, landscaping, street
lighting, traffic signals, and water and sewer
utilities, as needed; and
Batiquitos Lane (aka Pacific Rim Drive) - a collector
street with 68 foot right of way from its westerly
boundary, southeasterly approximately 11,000 lineal feet
to Alga Road, and an additional extension easterly of
approximately 2985 lineal feet to the Arena1 Rd.
intersection with El Camino Real. The project includes
full improvements of Batiquitos Lane, including
dedication, full right of way grading, drainage
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I
facilities, paving, gutters, sidewalks, medians,
parkways, landscaping, street lighting, traffic signals,
and water and sewer utilities, as needed.
IV. COST ESTIMATE
The cost for the proposed improvements, except for the
extension of Batiquitos Lane easterly to Arena1 Rd. are
included in the "Draft, Preliminary Financial
Feasibility Study" and summarized as shown below. The
cost estimate for Batiquitos Lane extension to Arena1
Rd. is based on a preliminary alignment study prepared
by VTN as well as a cost estimate prepared by P & D
Technologies as shown below.
Public Works of Construction Alga Road Poinsettia Lane Batiquitos Lane Extension to Arena1 Right-of-Way (off-site) Poinsettia Lane Batiquitos Lane Extension to Arena1
cost Quantity Unit Total 10,000 LF $720 7,200,000 1,900 LF 720 1,368,OOO 11,000 LF 625 6,875,OOO 2,985 LF 515 1,538,500
4.5 AC 60,000 270,000 1.9 AC 60,000 114,000 4.7 AC 60,000 28.2,OOO
SUBTOTAL 17,647,500
Incidentals C Financing Costs 40% 7,059,ooo
Total Estimated Project 24,706,500
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- . V. METHODOLOGY FOR ASSESSMENT SPREAD . -
The law requires and the statutes provide that
assessments, as levied pursuant to the provisidns of the
"Municipal Improvement Act of 1913," must be based on
the benefit that the properties receive from the works
of improvement. The statute does not specify the method
or formula that should be used in any special assessment
district proceedings. The responsibility rests with the
Assessment Engineer, who is retained for the purpose of
making an analysis of the facts and determining the
correct apportionment of the assessment obligation. The
Assessment Engineer then makes his recommendation at the
public hearing on the Assessment District, and the final
authority and decision rests with the City after hearing
all testimony and evidence presented at that public
hearing. Upon the conclusion of the public hearing, the
City must make the final decision in determining whether
or not the assessment spread has been made in direct
proportion to the benefits received.
Three different approaches were investigated as a part
of this feasibility study. The first approach was a
distribution of cost based on net developable acreage
for each land use. The second and third approach of
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determining benefit was to distribute the project cost
based on traffic generation. The difference between the
second and third approach involved whether or not there
would be a discount for commercial trip generation.
The first approach of distributing the cost based on net
developable acreage was also included in the draft
preliminary feasibility study dated January 1987.
However, included herein is a more precise breakdown of
the net developable acreage by land use within the
Pacific Rim Country Club and Resort Development. This
net developable acreage was determined from the various
land uses shown on the tentative map and master plan.
Land Use Net Area(') Total
(AC) Assessment
Single Family Multi Family Hotel Commercial Golf Course
258.2 11,002,683 101.0 4,303,749 25.0 1,065,284 24.1 1,026,934
Notes:
(1) Excludes the following: School 12.4 Park 24.3 Open Space 734.5 Streets 23.9 Utility Corridors 27.2 Total 822.3
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The second methodology for spreading the project cost is
based on traffic generation. Each type of development
or land use will create a specified number of "trip
generations" in a given 24-hour day. The trip
generation rate for each land use was taken from the
Modified Engineer's Report for the Bridge and
Thoroughfare Benefit District No. 1, dated August 12,
1986, prepared by Neste, Brudin & Stone Incorporated.
The total trips generated by the projected land use as
identified in the master plan are as follows:
Land Use Units
Trip Generation Rate/Unit
Single Family 787 DU Multi Family 2049 DU Hotel 560 ROOMS Commercial: - Restaurant (quality) 17,380 SQ.FT? - Neighborhood Shopping Ctr 120,000 SQ.FT? - Sports Complex/ Health Club 8.2 AC SUBTOTAL COMMERCIAL Golf Course 171.5 AC
10 8 10
0.1
0.12
300
8
Total Trips
7,870 16,392 5,600
1,738
14,400
2,460 18,598 1,372 49,832
NOTES: (1) Refers to square feet of building area
There is a difference between the draft preliminary
feasibility study dated January 1987 and the above table
in the trip generation rate for commerial land uses.
The study dated January 1987 utilized 500 trips per
acre, whereas the generation rates used in the above
table are from the bridge and thoroughfare district
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.
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. - report. The above table results in a cost per trip of
approximately $496 and assessments for each land use as
follows:
Land Use Total Trips
Single Family Multi Family Hotel Commercial: - Restaurant (Quality) - Neighborhood Shopping Center - Sports Complex/ Health Club SUBTOTAL COMMERCIAL Golf Course
7,870 3,901,914 16,392 8,127,085 5,600 2,776,457
1,738 861,693
14,400 7,139,461
2,460 1,219,658 18,598 9,220,812 1,372 680,232 49,832 24,706,500
Total Assessment
The third approach, as utilized in the preliminary
financial feasibility study dated January 1987, distri-
buted the project costs based on traffic generation, but
discounted the commercial
tial rate. The discount
trips to 40% of the residen-
is used to recognize common
trips and avoid double counting of the commercial trip
generation. The double counting applies to regional
areas and may not be fully applicable to this project.
The 40% discount was also utilized in the Bridge and
Thoroughfare Benefit District No. 1 and the City's
"Traffic Impact Fee". Utilizing this approach, the
costs would be approximately $639 per trip for residen-
tial, hotel and golf course use and approximately $256
per trip for commercial use as shown in the table below.
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. . -
. -
Land Use Total Trips Assessment
Single Family Multi Family Hotel Commercial: - Restaurant (Quality) - Neighborhood Shopping Center - Sports Complex/Health Club SUBTOTAL COMMERCIAL Golf Course
7,870 16,392 5,600
1,738
14,400
2,460 628,632(l) 18,598 4,752,558 1,372 876,507 49,832 24,706,500
Total
5,027,775 10,472,082 3,577,578
444,131(l)
3,679,795(l)
(1’ At 40% of residential cost per trip
The above alternatives have accepted Batiquitos Lane
(Pacific Rim Drive) and the Arena1 Road extension as
complying with the provisions of Policy 33. However,
these are collector streets and are not included in the
provisions of Policy 33.
Alternate No. 4 spreads the cost of Alga Road,
Poinsettia Lane, Right-of-Way for Poinsettia Lane and
Incidental and financing costs on a trip generation
basis without discounting for double counting of
commercial trips. The assessed cost is $12,373,200.
-lO-
This approach incurs a cost of approximately $248 per
trip for all land uses and assessments for each land use
as follows:
Total
Land Use Total Trips Assessment
Single Family 7,870 Multi Family 16,392 Hotel 5,600 Commercial: - Restaurant (Quality) 1,738 - Neighborhood Shopping Center 14,400 - Sports Complex/Health Club - 2,460 SUBTOTAL COMMERCIAL 18,598 Golf Course 1,372 49,832
1,954,108 4,070,106 1,390,470
431,542
3,575,495
610,814 4,617,851 340,665 12,373,200
A summary of these alternative approaches is shown in
the following table.
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- . With respect to Alternative No. 4, at the time of forma-
tion of the Assessment District when final costs and
work are known, some consideration may be required to
account for double counting of commerical trips. The
reduction, however, would be far less than what was
utilized in the Bridge and Thorofare District.
VI. MELLO ROOS TAX FOR SCHOOLS
The Carlsbad Unified School District would prefer to
have a $9 million Mello Roos bond issue for the Pacific
Rim Country Club & Resort development. The developer
preferred limiting this bond to $1.50 per square foot of
residential buildings. However, this may amount to a
total bond issue of somewhat less than $9 million.
The developer would also prefer to limit the total tax
rate to less than 2% of the assessed valuation.
Assuming the present tax rate is approximately 1.2%, the
remainder for Mello Roos purposes would equal 0.8%.
Allowing for a safety factor for future Mello Roos
bonds, a current tax rate of 0.65% could be considered,
which would result in a total- bond issue of
approximately $34 million at residential buildout. This
far exceeds the required $9 million requested by the
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. - School ‘District, but is approximately the same as the
combined cost of the proposed Assessment District ($24.7
million) plus the proposed Mello Roos Bonds ($9
million). Utilizing the developer's preference of
limiting the bond issue to $1.50 per square foot, would
result in a debt of approximately $3,000 per dwelling
unit for single family use and approximately $2,000 per
dwelling unit for multi family uses. A $9.0 million
bond issue for schools would result in a debt of
approximately $4,200 for single family dwelling unit and
$2,800 for a multi family dwelling unit.
The maximum and minimum debt from the assessments and
school fees within alternates 3 and 4 for residential
land use is as follows:
Single Multi
Maximum Debt Family Family
Alternate 3 AD $ 6,389 $5,111 School 4,200 2,800 TOTAL: $10,589 $7,911
Minimum Debt
Alternate 4 AD $2,483 $1,986 School 3,000 2,000 TOTAL: $5,483 $3,986
Projected Tax Rate
Maximum Debt Ave Price $300,000 0.35% Ave Price $170,000 0.46%
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. _
. - Minimum Debt Ave Price $300,000 0.18% Ave Price $170,000 0.23%
VII. FINANCIAL FEASIBILITY
The value to lien ratio is the relationship between the
value of the property with the proposed improvements in
place and the amount of the assessment. The City's
policy requires the value to lien ratio to be 4:l or a
minimum of 3:l with approval from bond counsel and the
underwriter.
The property, consisting of the total development, was
recently sold by Hunt Brothers to Hillman Properties
West, Inc., for approximately $72.2 million as reported
by the newspaper. When the improvements are construc-
ted, the value should be increased by the cost of the
improvements or $24.7 million for a total of $96.9 mil-
lion for alternates 1 through 3 and $84.6 million for
Alternate No. 4. When final maps are recorded, the
value of the property should be further increased which
should put the overall ratio ab,ove 4:l. However, for
specific properties to be assessed, the ratio could very
well be lower than 4:l. For example, the proposed
Assessment in Alternate No. 2 for the restaurant
(quality) plus the neighborhood shopping center is
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approximately $500,000 per acre and this may be very
difficult to achieve a 4:l value to debt ratio.
Value to lien ratios in Alternate No. 4 should be well
within the 4:l requirements. The commercial property
may still require some form of credit enhancement.
Appraisals made at time of bond sale will determine if
credit enhancements are required. In these cases, a
letter of credit could be obtained from the developer to
enhance the ratio for the required number of years until
the 4:l ratio is achieved. When the dwelling units and
commercial buildings are constructed, the ratio will
increase and the letter of credit should no longer be
required. As discussed in the previous section, the
annual cost (including the proposed Mello Roos bonds) at
time of build out would be less than 0.65% of the
present day value of the dwelling units which is an
acceptable percentage.
VIII. SINGLE vs. MULTIPLE OWNER ASSESSMENT DISTRICT
This study considers only assessing the properties
within Pacific Rim Country Club & Resort development as
a single owner assessment district. A single owner
assessment district is justified since the primary
benefit of constructing the road is to make possible the
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, .
. development of the Pacific Rim Country Club & Resort.
Benefits to properties outside of this development can
be paid by the property owners and refunded to the
Assessment District as credits to assessments. A
secondary spread of the project cost to all of these
properties would determine the amount of that payment at
the time of their development.
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RESOLUTION NO. 88-421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ACCEPTING FOUR AGREEMENTS AND APPROPRIATING FUNDS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA has been
presented by certain property owners a petition requesting the construction of
certain public improvements to 'be constructed pursuant to the terms and
provisions of the "Municipal Improvement Act of 1913" in a special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 88-l
(ALGA ROAD)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, the City Council has authorized the initiation of the Assessment
District; and
WHEREAS, Pacific Rim Land Associates Limited Partnership (Property Owner)
has deposited $85,000 and further agreed to deposit additional funds upon demand;
and
WHEREAS, Property Owner has submitted an Assessment District Reimbursement
Agreement; and,
WHEREAS, Property Owner has also submitted and Assessment District
Initiation and Waiver Agreement; and,
WHEREAS, the engineering firm of NBS/Lowry has submitted the 9th
Supplemental Agreement for Assessment Engineering Services; and,
WHEREAS, the law firm of Brown and Diven has submitted a Special Counsel
Agreement; and,
WHEREAS, the City Council has determined it to be in the public interest
to accept said agreements;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitation are true and correct.
2. That the above mentioned agreements, attached hereto and incorporated
herein by reference, are approved and the Mayor and City Clerk are hereby
authorized to execute said agreements thereafter.
3. Developers shall deposit money in advance for any work authorized
under said agreement and shall be billed for all additional costs beyond the
original deposits.
4. All funds received previously or to be received in the future from
the developer for work in connection with said agreements and staff
administration time are hereby appropriated.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 6th . day of December , 1988 by the
following vote, to wit:
AYES:
NOES:
ABSENT
ATTEST: .
Council Members Lewis, Pettine, Mamaux and Larson
None
. . Council Member
I I/& ALETHA L. RADTENKRANZ, City Clehk
WAC)
ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of 1988, by and between the CITY OF CARL- a Public Agency of the State ‘of California (hereinafter referred to as “City”), and PACIFIC
RI&M LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
(hereinafter referred to as “Property Owner”).
RECITALS --------
A. Property Owner owns certain real property that at this time is proposed to
be included within the boundaries of a proposed special assessment district
where the City would be conducting proceedings under the provisions of the
“Municipal Improvement Act of 19 13”, being Division 12 of the Streets and
Highways Code of the State of California, said special assessment district
hereinafter known and designated as
ASSESSMENT DISTRICT NO 88-1
ALGA ROAD
(hereinafter referred to as the “Assessment District”).
B. Property Owner is in agreement to providing environmental, engineering,
surveying and related services, and to advancing funds to allow the City to
pay for all initial consulting and administration costs and expenses related
to said proceedings, said services and monies being subject to reimbursement or credit upon a successful confirmation of assessments and
sale of bonds.
C. The parties hereto wish to enter into an Agreement to provide for the advancement of funds and reimbursement or credit for services and monies previously advanced.
AGREEMENT -------me
, SECTION 1. The Property Owner shall advance monies to the City upon demand to
pay all preliminary costs for consultants and staff administration necessary for the formation of the special Assessment District, and if said costs are not advanced, the consulting services will not proceed. The City agrees to keep records to clearly show the amount of monies advanced for preliminary consulting or administrative services. The Property Owner agrees to keep records to clearly show
monies expended for environmental, engineering, surveying, and
related services. Upon completion of the proceedings and a
successful sale of bonds, Property Owner can have the following options:
a. All services and monies advanced shall be reimbursed in cash;
b. All services and monies advanced shall be applied as a credit upon its assessments.
C. A combination of the above.
SECTION 2. The costs and expenses advanced shall pay for the following services:
a. Appraisal (Roberts & Roberts)
b. Acquisition (William MacFarlane)
C. Right-of-Way Legal (Asaro & Keagy)
d. Bond Counsel (Brown & Diven)
e. Engineer of Work (NBS/Lowry)
f. City administrative time.
For the scope of the work and terms and conditions of the contracts
for the above referenced consultant or consultants, reference is made
to the contracts on file in the Office of the City Clerk.
SECTION 3. The monies to be advanced shall be deposited and advanced to the City at the time of execution of this Agreement in the amount of $156,500. Said monies shall be used to pay for preliminary costs and
expenses for bond counsel, assessment engineering services and City administrative time. l
If additional monies are necessary, the City shall make demand upon
Property Owner and Property Owner shall immediately thereafter,
within fifteen (15) working days, deposit said monies with the City to
cover the balance of the costs and expenses.
This Agreement is intended to cover only preliminary legal expenses,
assessment engineering services and City administrative time. If
additional categories of work not covered in Section 2 above are
required and needed, a supplemental Assessment District Reimburse-
ment Agreement will be executed.
SECTION 4. If the proceedings are not successful and are abandoned prior to any successful sale of bonds, there will be no obligation on the City to
reimburse Property Owner for any costs and expenses advanced, and the City does agree to the following:
a. Reimbursement of any surplus monies the City has on deposit in excess of those needed for final payment of consulting services and/or administrative time; and,
b. All other funds previously paid shall not be subject to reim- bursement.
SECTION 5. All plans, specifications, and other preliminary documentation as prepared shall become the property of the City, regardless as to whether the Assessment District is actually formed or confirmed.
.
SECTION 6. This Agreement does not in any way create an obligation or vesting
that the City will decide to proceed with a special assessment
district, and the City expressly reserves the right to abandon the
proceedings at any time prior to the conclusion of the public hearing.
SECTION 7. This Agreement shall be binding on the successors and assigns of the parties hereto.
.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first hereinabove written.
.
PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, a Delaware
limited partnership PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP
CITY OF CARLSBAD
BY: a Delaware corporation, CLAUDE A. LEWIS, Mayor
Title: Vice President/General Manager
APPROVED AS TO FORM: ATTEST:
VINCENT F. BIONDO JR., ALETHA L. RAUTENKRANZ,
City Attorney City Clerk
ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT
THIS AGREEMENT entered into this day of 1958, by and between the CITY OF CARLSBAD, a municipal corporation of the) State of California (hereinafter referred to as “City”), and PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as “Property Owner”).
. WHEREAS, Property Owner is expressly petitioning and requesting that City initiate special assessment proceedings pursuant to the provisions of the “Municipal Improvement Act of 1913” (Division 12 of the Streets and Highways Code of the State of California) to form a special assessment district for the purpose of
financing and constructing certain public improvements that will be a benefit to the property owned by Property Owner, said special assessment district to be known and designated as ASSESSMENT DISTRICT NO. 88-l (Alga Road)
(“Assessment District”); and,
WHEREAS, City is willing to acquiesce and to undertake proceedings to form said special Assessment District pursuant to the request of Property Owner, and it is further acknowledged by both City and Property Owner that City has not
promoted or initiated the special assessment proceedings and it is further
acknowledged that Property Owner has not been required by City to utilize said special assessment district financing and that alternate forms of financing the public facilities are available to Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner that
certain of the costs and expenses for the special assessment proceedings will be assessed to the benefitting properties owned by Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner that by initiating the proceedings for this Assessment District that the Property Owner
does not have any present and/or future vestings to land use or change of land use,
and that the’ Assessment District proceedings, subsequent confirmation of
assessment and resulting liens do not in any way guarantee any rights to develop
said property, and Property Owner i,s a volunteer to the initiation of said
proceedings; and,
WHEREAS, it is further acknowledged that City has adopted a Growth Management Program, one of the primary purposes of which is to prevent growth unless adequate public facilities and services are provided and which contains, among other things, Public Facilities and Service Performance Standards and a Citywide Facilities and Improvement Plan; and
WHEREAS, the property owned by Property Owner (the “Property”) and included within the boundaries of this Assessment District is that property as set forth and described in the attached, referenced and incorporated Exhibit “A”.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
. .
- .
SECTION 2.
SECTION 3.
.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
Property Owner acknowledges that City has adopted a Growth
Management Program which will require compliance with
Performance Standards, the Citywide Plan and completion of a Local
Facility Management Plan and which may require payment of fees
and construction of additional public facilities beyond those to be
constructed within the assessment district before development can take place.
Property Owner acknowledges that through Property Owner’s request
for initiation of proceedings and City’s acquiescence to the
proceedings, that Property Owner does not gain or develop any vested rights to further development, land use or zone change to the Property.
Property Owner hereby waives any right, entitlement or claim which Property Owner has or may have resulting from any public
infrastrucure facilities constructed utilizing assessment district
financing.
Neither the establishment of an assessment district, the levy of
assessments, the issuance of bonds, the payment of assessments, nor
any combination thereof, shall create in the Property Owner any
vested right or entitlement to develop the Project either in
accordance with the existing land use of the Property or any other particular level, type or intensity of land use.
Property Owner hereby waives any cause of action and agrees to
forebear from bringing suit against the City, its officers and/or
employees, seeking to enforce any right, entitlement or claim or seeking monetary damages or any other form of equitable or other relief whatsoever, related to the formation of the Assessment
District.
This Agreement may not be amended except by written instrument
executed by the parties hereto.
The terms and provisions of this Agreement shall be binding upon and inure to the successors, assigns and beneficiaries of the parties.
Upon execution of this Agreement by the parties hereto, the City shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of San Diego.
SECTION 10. In the event that any legal proceedings are instituted by the City to enforce any term or provision of this Agreement, the City shall be entitled to recover its attorney’s fees and costs from the Property
Owner.
,
. - IN WITNESS WHEREOF, this t\greement has been executed by the parties hereto on the day and year first written above.
PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware CITY OF CARLSBAD
‘imite~~~~~r~~~~*~sOc~ATE~
BY
:
f CLAUDE A
.
LEW1S
, Mayor
TITLE: Vice Pr-Manage=
APPROVED AS TO FORM: ATTEST:
VINCENT F. BIONDO, JR., ALETHA L. RAUTENKRANZ,
City Attorney City Clerk
. . 4 Exhibit A -
THE PROPERTY
/
ASSESSMENT DISTRICT BOUNDARY
(typIca
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210-11 l-03 (PART)
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2% “lJ%Y
Tolopham: (619) 2624466
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L6g6lld:
--- FUTURE ROAD
1-1 EXISTINQ ROAD
lllllllnnllllllllllllllllnlll PROPOSED PROJECT
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NOT TO SCALE
9TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT)
THIS 9TH SUPPLEMENTAL AGREEMENT to the above described
agreement as approved by the City Council of the City of
Carlsbad on March 12, 1985, hereinafter referred to as
"Master Agreement", is made and entered into as of the
day of I 1988, by and between CITY OF CARLSBAD,
a municipal corporation, hereinafter referred to as "City"
and NBS/LOWRY INCORPORATED, hereinafter referred to as
"Consultantw.
RECITALS
City requires the services of an assessment engineering
consultant to assist in processing of an assessment district
in Local Management Plan Zone 19.
The major land owner, HP1 Development Co., has had prepared a
preliminary feasibility. and cost study for an Assessment
District and have requested the City to commence procedures
for the formation of an Assessment District to be known as
the Alga Road Assessment District.
NOW, THEREFORE, City and Consultant mutually agree to
supplement the above referenced agreement as follows:
1. CONSULTANT'S OBLIGATION
. -
- The following paragraphs are intended to encompass all
duties and responsibilities of the "Engineer of Work" and the
"Assessment Engineer," as such terms are customarily used in
proceedings under the Municipal Improvement Act of 1913 and
the Improvement Bond Act of 1915. In addition, Consultant
shall be responsible for providing public information with
regard to the Alga Road Assessment District for City.
Consultant shall perform all work necessary to assist
the City
District.
following
a.
Engineer in processing the Alga Road Assessment
The work shall include but not be limited to the
as directed by the City Engineer:
Mapping - Prepare maps (boundary maps and
assessment diagrams) and related documents required under the
Municipal Improvement Act of 1913.
b. Engineer's Report and Investigation Report -
Prepare the Engineer's Report required by said Act and the
Investigation Report required by The Special Assessment
Investigation, Limitation and Majority Protest Act of 1931.
C. Property Listings - Prepare and keep current the
following lists for all properties:
0 A mailing list of the record owners of all
parcels within Assessment District including
assessment number and the assessor's parcel
number, legal description, mailing address of
owner, value of land and improvements, and
amount of assessment.
0 An alphabetical list of the record owners
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. l
_ - < of all parcels within Assessment
District.
d. Printing and mailing of Notices - In connection
with formal hearings to be held, arrange for printing and
mailing of notices prepared by the bond counsel. Prepare and
arrange for printing and mailing general information material
to all property owners in accordance with the legal time
schedule. Arrange for printing of hearing and posted notices
and posting as required by said Act. Remove posted notices
promptly after hearings.
e. Testing of Assessment Criteria - Review all
alternative criteria or methods of assessment for the
individual parcels of land. Hold meetings with the City
staff, affected land owners, bond counsel, and financial
consultant on a periodic basis for review and testing of
assessment criteria.
f. Bond Sale Information
necessary for the bond counsel
Provide information
or financial consultant,
including but not limited to: information for bond opinion;
information to be included in an official statement to be
issued by the City to bond purchasers, including all
information contained in the Engineer's Report; and general
information and data regarding the Assessment District.
g* Informal Meetings - Attend all informal meetings or
hearings held for the purpose of disseminating information to
the public. Prior to such meetings or hearings, prepare and
assemble information for purposes of making a complete and
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. I
. - _ factual presentation. Prepare sufficient copies of written
information for public distribution.
h. Formal Hearings - Attend all hearings held under
said Act, fully prepared to present all necessary testimony
and to respond to all public comments. Prior to the hearing,
prepare a booklet for each member of the City Council and
reach staff member consisting of a proposed agenda,
Engineer's Report, summary of construction bids, tabulation
of final assessment on each parcel of land, alphabetical list
of ownership, and general information. Prior to conclusion
of the hearing, tabulate all protests and file a written
summary thereof with the City Clerk.
i. Filing Assessment Documents - After the final
hearing for the formation of the Assessment District, file
the assessment diagram, roll and notice of assessment with
the appropriate public officials, such as the City Clerk,
Superintendent of Streets, County Recorder, County Surveyor,
Treasurer or Paying Agent, and other City and County
officials.
j. Final Assessment Notices - Prepare final assessment
notices and arrange for mailing said notices to property
owners, as requested and confirmed by the City Council at the
hearing.
k. Unpaid Assessment List and Bonds - After expiration
of the cash collection period, prepare a paid and unpaid list
of assessments.
1. Treasurer's Report - Assist in the preparation of a
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Treasurer's Report of unpaid assessments.
m. Acquisition Cost Analysis - Review all claims for
reimbursement resulting from the acquisition of any
improvement constructed by owners pursuant to an acquisition
agreement between City and Land Owner. Prepare detailed
analysis of said claims and make recommendation to City on
allowable acquisition costs.
n. Specifications and Bidding Documents - Prepare
quantity take-off, specifications and bidding documents if
required, for construction plans prepared by Land Owner's
Engineer to allow public bidding of the work of improvement
bY the City. Consultant shall analyze bids and make
recommendation to the City.
0. Plan Checking -
1. Checking Improvement Plans for those public
facilities to be included in the Assessment
District as said plans are proposed and
submitted to City for review and checking.
.
2. Checking and review of right-of-way documents
to include legal descriptions, plats and
conveyance documents. Provide control and
indexing of said right-of-way documents.
Assure City that all right-of-way required by
the assessment district is provided for in the
documents.
-5
.
P* Project Management -
Provide management and coordination services to
include but not limited to the following:
1. Monitor program schedule and advise City of
slippage, discrepancies, omissions, key
milestones and potential problem areas.
2. Representing City, to work and coordinate
closely with property owners and their
representatives to evaluate problems, answer
questions and attempt to keep Assessment
District on schedule.
3. Prepare periodic written reports to City.
2. ADDITIONAL SERVICES
When authorized in writing. by the City Engineer,
Consultant shall perform or obtain from consultants or
subcontractors approved by City, additional services in
connection with the Project not otherwise provided for in
this Agreement. Said additional services shall be paid for
by City as provided in Section 5 of the Master Agreement.
3. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days after
receipt of notification to proceed by the City Engineer.
Work shall proceed in a diligent manner to conclusion
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_ * _ according to a schedule approved by the City Engineer.
Extensions of time may be granted by the City Engineer in
accordance with Section 3 of the Master Agreement.
The date of the public hearing before the City Council
has not been set.
4. FEES TO BE PAID TO CONSULTANT
A. City shall pay Consultant for services described
under Section 1, paragraphs a through 1 inclusive, of this
Supplemental Agreement, a lump sum .fee of Fifty Thousand
Dollars ($50,000) less a $2,000 credit per letter agreement
dated June 7, 1988 for a total lump sum fee of Forty-eight
Thousand Dollars ($48,000).
b. City shall pay Consultant for services described
under Section 1, paragraphs m through p inclusive, of this
Supplemental Agreement, on an hourly rate basis per current
"Schedule of Hourly Billing Rates". A copy of the present
"Schedule of Hourly Billing Rates" marked Exhibit "A" is
attached hereto.
c. Upon the execution of this Agreement, any payments
made by or billed to City by Consultant on an hourly rate
basis pursuant to the Master Agreement for this Assessment
District shall be credited to and be considered as included
in the lump sum fee set forth above in this Section.
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. IN WITNESS WHEREOF, This d Supplement to Agreement dated
March 13, 1985, has been executed by the parties through
their duly authorized representatives as of the date first
hereinabove written.
NBS/LOWRY INCORPORATED CITY OF CARLSBAD
iA By’Claude A. Lewis, Mayor
APPROVED AS TO FORM: ATTESTED:
By:
Assistant City Attorney City Clerk
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.- EXHIBIT "A"
ENGINEERS & PLANNERS
SCHEDULE OF HOURLY BILLING RATES
Effective July 1, 1988
OFFICE: ENGINEERING
Senior Princlpaj Consultant ............................................................ Principal Consultant ................................................................ ...............
Senior Principal Engineer ..................................................... ................ ... .I Principal Engineer ............................... ............................................ ... Assistant Principal Engineer ........................................................ ..... ........ .: Senior Engineer ................................................................................ ..... Engineer ............................................................................................................. Associate Engineer ............................................................................... .................. Assistant Engineer ....................................................................... .......................... PLANNING Principal Planner ................. .:. ................................................................................. Assistant Principal Planner ......................................................................................... Senior Planner ........................................................................................................ Planner ................................................................................................................... Associate Planner .................................................................................................... Assistant Planner .....................................................................................................
DESIGN AND DRAFTING
Senior Designer ......................................................................................................
Designer ...............................................................................................................
Senior Drafter ........................................................................................................
Drafter II ............ , ..................................................................................................
Drafter I ................................................................................... :. ...........................
Delineator .............................................................................................................
Engineering Aide ................................. ..................................................................
FIELD:
CONSTRUCTION MANAGEMENT
Principal Engineer .................................................................................................... Senior Resident Engineer ........................................................................................... Senior Project Representative ..... ............................................................................. Resident Engineer ............. ......................................................................................
Project Representative ............................................................................................... Associate Project Representative ..................................................................................
$135 00
105 00
92 00
78 00
71 00 64 00
53 00
49.00
44.50
78.00 71.00 64.00
53.00
49.00
44.50
55.00
53.00
50.00
47.00
39.00
33.00
28.00
78.00
78.00
62.50
53.00
53.00 .
49.00 Senior Inspector ..................................................................................... 2.80 x Direct Salary Inspector ............................................................................. .................
SURVEYING 2.80 x Direct Salary
Principal Surveyor ................................................... .:. .............................................. 78.00 Assistant Principal Surveyor ....................................................................................... 62.00 Supervising Surveyor ................................................................................................ 59.50
Survey Crew with Equipment .................................................................... 2.80 x Direct Salary Travel Time - (when in excess of eight hours work time per day) .................... 1.40 x Direct Salary
SERVICES AND EXPENSES:
Computer, Central Processing Unit (CPU) ........................................................... 15’/Second Connect Time, per Hour ........................................................................... 10.00
Printing ..................................................................................... 1.50/ 100~lines
Storage (1000 characters) ................................................................... 45’/ Month
Minimum ............................................................................................... 25.00
Computer Analyst .................................................................................................... 78.00 Programmer ........................................................................................................... 53.00 Technician .............................................................................................................. 42.00 Researcher/Processor ............................................................................................... 33.00
Executive and Administrative Secretary .........................................................................
Data Entry ............................................................................................................. JZ:ii
Secretary/Clerk ....................................................................................................... 28.00
In-house Reproduction .............................................................................................. cost
Mileage ............................................................................................................. 28’/Mile
Subsistence ............................................................................................................. cost
Other Expenses - including Special Consultants
and Purchased Services through Subcontracts ................................................ cost + 15%
Bdlrng rotc~ mcludc oucrhcad. cquqmncnr. space rentof. ctc These brihng rates me wbwzf LO ,ncrcae each yea, due IO un,on agreemcnrr and salary I~CI~LIICI
4 lote payment FINANCE CHARGE ~111 be apphcd to my unpard balance. commcnong thmty 1301 days otter fhc date o/the ongrnol ~WXC DI the m~xmum mercrr me allowed by low
6’88
SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this day of
1988, by and between the CITY OF CARLSBAD, CALIFORNIA, a public corporatio;
(hereinafter referred to as "City"), and BROWN & DIVEN, (hereinafter referred to as
"Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the
proposed assessment proceedings and bond issuance in the matter of a
proposed special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (ALGA ROAD), (hereinafter referred to as the "Assess-
ment District") under proceedings conducted pursuant to the provisions
of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
Said services shall include:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Review of the dedication and acquisition of the streets and ease-
ments and other property in which work is proposed to be performed;
Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment District,
the assessment roll and bonds, and the giving of instructions and
advice in connection with the foregoing;
Recommendations as to procedure, schedules and actions that should
be conducted and taken;
Preparation of all resolutions, notices, contracts, bond forms, and
other papers and documents required in the proceedings;
Examination of the proceedings, step by step, as taken;
Appear at all hearings under the proceedings, and attend any meeting
where attendance is requested;
Make recommendations as to sale of bonds, if desired;
Perform legal services, if required, pursuant to the provisions of
the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931", being Division 4 of the Streets and Highways
Code of the State of California;
Issuance of an approving legal opinion attesting to the validity of
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with
the acquisition, by easement or condemnation, of any easements or other
intereet in real property necessary for the proposed improvements.
These services can be provided by Counsel, by separate agreement, if
desired.
- I -. -
SECTION 2. . - That the City shall perform as follows:
w - II A. Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as are
available and may be reasonably required by Counsel in the
performance of the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as
follows:
ONE PERCENT (1%) of the first $l,OOO,OOO;
ONE-HALF PERCENT (l/2%) from $l,OOO,OOl to $7,500,000;
ONE-QUAFTER PERCENT (l/4%) from $7,500,001 to $15,000,000;
ONE-EIGHTH PERCENT (l/B%) on the balance thereof.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and delivery
of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to
completion, Counsel shall be paid a reasonable fee for services rendered
to date based on an hourly rate of $125.00 per hour, not to exceed
$5,000.00.
SECTION 4. This Agreement contemplates that Counsel shall pay all ordinary out-of-
pocket expenses incurred, including travel, telephone and copy, and the
only expenses to be billed to City would be extraordinary messenger
and/or overnight mail delivery services.
SECTIdN 5. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have CaUBed this Agreement to be executed on
the day and year first hereinabove written.
"CITY"
CITY OF CARLSBAD
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
e
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C&ember 5.
Cindy Ward
537 Begonia
1588
court Carlsbad, CA 92009
Dear Councilmembers.
At lo:15 p.m. this evening, it was brought to my attention that the Alga
Road assessment district is on the agenda this week.
Hillman Properties' request to include Pacific Rim Drive into this
assessment district is an important issue for several reasons.
1. Pacific Rim Drive does not meet the city's requirements
for an assessment district.
2. Allowing the road to cut through to Batiquitos Drive prematurely
(before site development plans are available for phase
111 could jeopardize several years of negatiations
between Hunt Properties, Inc. and the Spinnaker Hill neighborhood.
3. Pacific Rim drive is NOT needed or desired by area ---. residents as an access route to a future elementary
school.
2. A premature connection of Pacific Rim Drive could alter
the desired circulation pattern. For example,
motorists may prefer using Pacific Rim Drive Ca
secondary arterial) over Alga/Poinsettia Ia major
arterial] because it is a more direct east/west
connection between El Camino Real and I-5. It will also be more scenic. The Alga/Poinsettia connection
should be in operation before Pacific Rim Drive ta get
motorists accustomed ta using a major arterial rather
than the secondary route.
I apologize for providing you with such a brief summary of the issues and regret that I may not be able to attend the council meeting Cdue ta a trial that began today in Federal court). I hope that you will support staff's
recommendations.
Sincerely,
Cindy Ward