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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 . c * 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 - * - - 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. - . - _ mifiem _ 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--- \ \ 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. - 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) wJadto6lJRaolm :a liEi P&D x?chndW tE4 iiz&=~: 1dephon.t (619) 232-4466 b. c---------w------- i ---w.-,’ I”;;- 7-w ,----------__ I I \ I ---e- L6g6nd: --- FUTURE ROAD m EXISTINQ ROAD lllllllllllllllllllllllllllnlll PROPOSED PROJECT NOT TO SCALE f-h ac i . - . 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. -l- - . 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: -2- - \ \ 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 -4- 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 -5- I c . . . - - . 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 -6- 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 -7- -_ 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 -8- -_ _ - . . r - . - 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. -9- - - . . - . - 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. -ll- - - 7 . - . CL .r k z .C u- .C H 3 a .C c' a m 2 cy $ K ” * a E 2 c= 0 * u-i ” a a In 0 m * . = t 5: \ 2 . r3 2 ” 5 C t 5: \ 3 . z s ; s c t 5: \ zi . f s a z I cw .-I I - . - . 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 -13- I . . . - 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% -14- . . , , . . _ . - 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 -15- ^ 1 . 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 -16- -_ , . . 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. -17- .- . t 1 _ d 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 - 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; . - 1 - 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 - - 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 \ Q %, */rll\\\N” 210-11 l-03 (PART) Barn- 1 -w-m---- I -------------- I ----------a P&D TechndW 2% “lJ%Y Tolopham: (619) 2624466 !!!M --- ----a- l L6g6lld: --- FUTURE ROAD 1-1 EXISTINQ ROAD lllllllnnllllllllllllllllnlll PROPOSED PROJECT -a 7 / J i 1 I : s I- : d ?- \ LA Y-F ac h 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 -2- - . . 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 -3- . 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 -4- . - . .-. 4 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 -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 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. -7- . u . 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 -8- .- 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 .- 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