HomeMy WebLinkAbout1997-03-25; City Council; 14107; Carlsbad Ranch Assessment District._
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26 CITY OF CARLSBAD - AGENuA BILL
AB# Ir;ll2l TITLE: DEPT. HD.
CARLSBAD RANCH ASSESSMENT DISTRICT - 95-1 4% MTG. 3-.& -97 APPROVAL OF THE RESOLUTION OF INTENTION TO CITY ATTY.
FORM AN ASSESSMENT DISTRICT, AND RELATED
DEPT. CM ACTIONS CITY MGR B
RECOMMENDED ACTION:
Adopt Resolution No W- 413 making appointments in a special Assessment District.
Adopt Resolution No. 4 ?- YI Y adopting a map showing the proposed boundaries of a
special Assessment District.
Adopt Resolution No.99 - YIS declaring intention to order the installation of certain
improvements in a proposed Assessment District; declaring the work to be of more than
local or ordinary benefit; describing the district to be assessed to pay for the costs and
expenses thereof; and providing for the issuance of bonds.
Adopt Resolution No. 93-Y/~ passing on the report of the engineer, giving preliminary
approval, and setting a time and place for public hearings.
ITEM EXPLANATION:
For the past few years, the City of Carlsbad has been working with the Carlsbad Ranch
developers to complete the public improvements necessary to serve the Carlsbad Ranch
Specific Plan. A part of that effort has been focused on the creation of a 1913 Act
Assessment District which would pay for the major roadways and related improvements.
The purpose of the Assessment District is to spread the cost of the public improvements
fairly among the property owners who will benefit from the improvements. The City has
participated in similar financing programs for Alga Road, Palomar Airport Road, and College
Blvd., and is currently considering similar districts to fund Melrose, Cannon Road, and the
northern extension of College to the city limits.
As required by Council Policy 33, the City’s Staff Committee has reviewed this Assessment
District and finds that it complies with the terms and conditions of the Council’s policy.
The City Council previously approved an acquisition agreement with Carlsbad Ranch which
provided for the purchase of certain key public improvements constructed to serve this
area. These improvements include Armada Drive, Cannon Road, improvements to
Palomar Airport Road, the roundabout at Armada Drive and Lego Drive, the promenade
overlooking the flower fields, certain storm drain improvements, engineering and
environmental costs, and related incidentals. The attached Engineer’s Report provides a
more detailed breakdown of the improvements and the cost of each item.
PAGE 2 OF AGENDA BILL NO. I ‘i; I 13 ‘?
The actions being taken by the Council at this time will accomplish the following tasks which
are required as part of the district formation process:
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Appointment of the City Engineer as the Superintendent of Streets, Galen N.
Peterson as Assessment Engineer, and various other appointments.
Approval of the boundary map describing the area and parcels to be assessed for
the subject improvements.
Ordering the work to be done, and declaring the work to be of public interest,
describing the area to be assessed, and ordering the sale of bonds to pay for the
improvements.
Approving the Engineer’s Report which describes the costs to be assessed, and the
method of assessment to be used by the district, and setting the date for the required
public hearings.
All of the above actions are required under state law to be part of the process of forming the
district, issuing bonds, and levying assessments. The City’s bond counsel, F. Mackenzie
Brown, of Brown Diven and Hentschke, will be present to step the council through each
action and provide additional explanation as necessary.
COMPLIANCE WITH PROPOSITION 218
The voters of California passed Proposition 218 at the General Election of November 6,
1996. It affects the way in which assessment districts are formed and this Assessment
District shall comply with its terms. Only assessments which have a special benefit
conferred upon parcels within them shall be proposed. The proportional special benefit for
each identified parcel shall be determined in relation to the total capital cost of the capital
improvements, maintenance and operation expenses. No assessment shall be imposed on
any parcel which exceeds the reasonable cost of that proportional special benefit. Although
there are no publicly owned parcels within the proposed district they would be assessable
unless it can be demonstrated by clear and convincing evidence that those parcels in fact
receive no special benefit.
The assessments must be supported by a detailed Engineer’s Report prepared by a
registered professional engineer certified by the State of California.
The amount of the proposed assessment for each identified parcel within the assessment
district shall be calculated and the record owner of that parcel must be given written notice
by nail of the proposed assessment, the amount that is chargeable to the entire district, the
amount that is chargeable to the owner’s particular parcel, the duration of the payments, the
reason for the assessment and how it was calculated together with the date, time and the
location of a public hearing on the proposed assessment. That notice shall contain a ballot
whereby the owner may indicate his or her support or opposition to the proposed
assessment. At the public hearing, the ballots will be tabulated and the assessment not
imposed if there is a majority protest. The ballots are weighed according to the financial
obligation of the property to be assessed.
In addition, the Streets and Highways Code includes language that describes a slightly
different process for dealing with protests from assessed property owners. The Code says
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PAGE 3 OF AGENDA BILL NO. ) Y j I0 7
Council based on the findings of Public Health and Safety. This appears to provide a
second opportunity for protests to the District formation. Until the Legislature can clean up
the existing statues, Carlsbad will comply with all existing laws in the formation of
Assessment Districts.
FISCAL IMPACT:
The Carlsbad Ranch Assessment District will fund improvements and related costs totaling
approximately $15.5 million. This estimate includes debt issuance costs and the
establishment of a 10% debt service reserve fund. The City will receive reimbursement for
certain administrative costs related to the Assessment District on an annual basis estimated
to total $50,000 per year. The City is not responsible for the funding of any of the
improvements included within the district. The calendar calls for bonds to be sold in June
1997.
Unless otherwise directed, staff intends to sell the Assessment District bonds at public sale.
The staff is recommending this approach because the favorable image and economic
condition of the property makes the Carlsbad Ranch bonds very attractive to the
underwriting community. A public sale will provide an opportunity for all interested
underwriters to participate on an equal footing in the issue by submitting their competitive
bids. The underwriter with the lowest interest costs will be awarded the bonds. Although a
public sale is not always the best way to market bonds, particularly bonds backed by a
more complex pledge of revenues, it can provide a very efficient way of selling bonds that
are readily accepted by the market. The Carlsbad Ranch project already has the
improvements in place, development has taken place, and is taking place on the site, and
has a very positive image in the financial markets. This should result in the City receiving
several very competitive bids for the bonds when they are offered to the market.
EXHIBITS:
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4.
Location Map.
Order of Procedure.
Resolution No 93- 413 making appointments in a special Assessment District.
Resolution No. 97- Y/Y adopting a map showing the proposed boundaries of
a special Assessment District.
5. Resolution No. W- 415 declaring intention to order the installation of certain
improvements in a proposed Assessment District; declaring the work to be of more
than local or ordinary benefit; describing the district to be assessed to pay for the
costs and expenses thereof; and providing for the issuance of bonds.
6. Resolution No. 97-W passing on the report of the engineer, giving preliminary
approval, and setting a time and place for public hearings.
7. City of Carlsbad, Assessment District No. 95-l (Carlsbad Ranch) Preliminary
Engineer’s Report, March 11,1997.
- EXHIBIT 1 . ,
LOCATION MAP
NOT TO SCALE
CAIXSBAD RANCH ASSESSMENT D/STR/CT BOUNDARY
PROJECT NAME PROJECT EXHIBIT
CARLSBAD RANCH ASSESSMENT D/ST/?/CT NUMBER
AD95-01 7
W By: SCOTT EVAN$ CARLSEAO ENGINEERING DEPT.
EXHIBIT 2
ORDEROFPROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
DATE OF MEETING: MARCH 25, 1997
STAFF:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
STAFF:
CITY COUNCIL:
MARCH 251997:
MAY 13, 1997:
JUNE 3, 1997:
JULY 8, 1997: AUTHORIZE ISSUANCE OF BONDS AND SALE OF BONDS
General presentation as to boundaries of Assessment District and extent of works of
improvement.
Adopt RESOLUTION MAKING APPOINTMENTS:
Superintendent of Streets, newspaper, etc.
Formal appointment of
Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal action
approving boundaries of proposed Assessment District.
Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under “1913 Act”
proceedings, declaring intent to finance improvements through the issuance of bonds.
Presentation of Engineer’s “Report” pursuant to the provisions of “Municipal
Improvement Act of 1913”, consisting of the following:
- Plans
- Specifications
- Cost Estimate
- Assessment Roll
- Assessment Diagram
Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARINGS:
Preliminary approval of the Engineer’s “Report” and sets date, time and place for two
(2) public hearings.
***
PROPOSED SCHEDULE:
ADOPT JURISDICTIONAL RESOLUTIONS
FIRST PUBLIC HEARING.
SECOND PUBLIC HEARING TO CONSIDER THE FOLLOWING:
A. CONFIRMATION OF ASSESSMENT DISTRICT
B. ORDERING IMPROVEMENTS
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RESOLUTION NO. 97-413
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
is considering the formation of a special assessment district,
pursuant to the terms and provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, for the installation of certain public
works of improvement, together with appurtenances and appurtenant
work, said special assessment district to be known and designated
as ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) (hereinafter
referred to as the l*Assessment District"); and,
WHEREAS, at this time, this legislative body is desirous of
making the required appointments and designating persons to perform
certain duties, in order to allow the proceedings to go forward to
completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the CITY ENGINEER is hereby appointed to
perform all of the duties and functions of the Superintendent of
Streets as said duties are specified and designated in the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the
above-referenced Assessment District.
SECTION 3. That the place for recordation of the assessment
roll and diagram shall be in the Office of the Superintendent of
Streets, and said assessment roll and diagram, upon recordation,
shall be kept as a permanent record.
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SECTION 4. That GALEN N. PETERSON, CONSULTING ENGINEER is
hereby appointed the Assessment Engineer for said proceedings, and
said Assessment Engineer shall perform all of the duties and
responsibilities as set forth by law as they relate to said
Assessment District.
SECTION 5. That BROWN, DIVEN & HENTSCHKE, Attorneys at Law,
is hereby appointed to act as Bond Counsel for the purposes of
preparing proceedings and issuing an approving opinion attesting to
the validity of the proceedings and the enforceability of the bonds
pursuant to the terms and provisions of a Special Counsel Agreement
previously approved and an Amendment to Special Counsel Agreement
submitted herewith as attachment A, which Amendment is hereby
accepted and authorized for execution on behalf of the City.
SECTION 6. That this legislative body hereby establishes a
special IMPROVEMENT FUND designated by the name and number of the
Assessment District, and into said fund shall be placed all
proceeds from the sale of bonds and cash collections. In order to
expedite the improvements or acquisition under these proceedings
and as authorized by law, funds from any available source may be .
transferred into said special fund. Any funds transferred are a
loan to the fund and shall be repaid out of the proceeds of the
sale of bonds as authorized by Section 10210 of the Streets and
Highways Code of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 25th day of March ,
1997, by the following vote:
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AYES: Council Members Lewis, Finnila and Hall
NOES: None
ABSENT: Council Members Nygaard and Kulchin
ABSTAIN: None
ATTEST:
ALETHA L. F&JTENKRANZ, City Clerk
- ATTACHMENT A
AMENDMENT TO SPECIAL COUNSEL AGREEMENT
THI
of Y7L AMENDMENT TO SPECIAL COUNSEL AGREEMENT is made and entered into this &@ day L-16 1997, by and between the CITY OF CARLSBAD, CALIFORNIA, a municipal
corporation (hereinafter referred to as “City”), and BROWN, DIVEN & HENTSCHKE (hereinafter referred
to as “Counsel”).
WHEREAS, previously on March 10, 1995, a Special Counsel Agreement was entered into between City
and Counsel relating to the formation of Community Facilities District No. 3 (Carlsbad Ranch); and
WHEREAS, at this time it has specifically been determined that the proceedings for the same
development will now be pursuant to the provisions of the “Municipal Improvement Act of 1913”, Division
12 of the Streets and Highways Code of the State of California; and
WHEREAS, at this time this Amendment to Special Counsel Agreement has been submitted relating only
to particular changes and modifications to the original Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That Section 1. of the previously approved Special Counsel Agreement is amended as
follows:
No election procedure will be required and Counsel will perform all services necessary and
customary relating to the formation of a special assessment district, specifically including
all services as set forth in the original Special Counsei Agreement.
SECTION 3. That Section 2. of the original Special Counsel Agreement is amended to delete subsection
B.1. and there no fee shall be due and payable upon the conclusion of any special
election. The fee schedule shall be the same as originally approved; however, any fees
shall all be due and payable upon receipt of money from the sale and delivery of bonds.
SECTION 4. All other terms and conditions of the original Special Counsel Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and ._ It--* I----!--L ^.,_ . ..A.uaw.
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RESOLUTION NO. 97-414
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
has been presented and has received a map showing and describing
the boundaries of the area proposed to be assessed in an assessment
district under the provisions and authority of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways code of the State of California; said assessment district
known and designated as ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD
RANCH) (hereinafter referred to as the 18Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That a map of the Assessment District showing the
boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the
proposed installation and maintenance of improvements designated as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD
RANCH)" is hereby submitted, and the same is hereby approved and
adopted.
SECTION 3. That the original map of said proposed boundaries
of the proposed Assessment District and one copy thereof is to be
filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original and
on at least one copy of the map of the Assessment District,
evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the
time and place of hearing on the formation or extent of said
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Assessment District, a copy of said map shall be filed with the
correct and Proper endorsements thereon with the County Recorder,
all in the manner and form provided in Section 3111 of the Streets
and Highways Code of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, held on the 25th day of
March I 1997, by the following vote:
AYES: Council Members Lewis, Finnila and Hall
NOES: None
ABSENT: Council Members Nygaard and
ABSTAIN: None
ATTEST :
pdhz& JLl/- ALETHA L. RAUTENKRANZ, City\Clerk
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RESOLUTION NO. 97-415
RESOLUTION OF THE CITY COUNCIL OF THE CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS
THE CITY COUNCILOF THE CITY OF CARLSBAD, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and
it is the intention of this body, pursuant to the provisions of
Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act 1913"), to order the
installation of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH) (hereinafter referred to as the l@Assessment
District").
DESCRIPTION OF IMPROVEMENTS
A. The financing of major public improvements
generally described as acquisition and construction of the
following items, including all necessary appurtenances:
1. CANNON ROAD from Car County Drive to Lego
Drive, constructed to arterial standards with four traffic lanes
and a raised median within a 102 foot right-of-way including the
following improvements: grading, roadway/surface improvements,
water, sewer and landscaping.
2. Improvements to the north side of existing
PALOMAR AIRPORT DRIVE from Paseo de1 Norte to Hidden Valley Road,
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including the following: grading, roadway/surface improvements
including median, traffic Signal modification at Paseo De1 Norte
and Armada Drive., landscaping, relocation of utilities and
undergrounding of overhead electric lines.
3. ARMADA DRIVE from Lego Drive to Palomar
Airport Road, and LEG0 DRIVE from Cannon Road to Roundabout and end
of right-of-way, constructed with four traffic lands and raised
median in some areas, including the following improvements:
grading, roadway/surface improvements, traffic signals, street
lights, sewer, water, reclaimed water and landscaping.
4. Storm drain improvements in ARMADA DRIVE and
in an easement in Lego Drive.
5. The relocation of an existing water line
located easterly of ARNADA DRIVE.
6. Pedestrian sidewalk improvements (wide
sidewalk, retaining wall, landscaping and benches) located along
the western side of ARMADA DRIVE and in an easement along the
western and southern side of assessment number 22.
7. Acquisition of the existing lien for
Assessment District No. 86-l (Palomar Airport Road West).
8. The proposed work shall also include design
engineering services (including preparation of plans,
specifications and cost estimates), environmental, archaeology,
paleontology, planning studies, surveying and staking, construction
management, inspection, financial advisor, assessment engineering,
legal and bond counsel services, City administration services and
other expenses associated with the work effort.
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B. All of said work and improvements are to be
installed at the places and in the particular locations, and to the
sizes, dimensions and materials, to the lines, grades and
elevations as shown and delineated upon the plans, profiles and
specifications, all to be made a part of the Engineer's "Report".
C. The description of the improvements contained
in this Resolution is general in nature, and the plans and profiles
of the work as contained in the Engineer's "Report" shall be
controlling as to the correct and detailed description thereof.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements are of direct benefit to the
properties and land within the Assessment District, and this
legislative body hereby makes the expenses of said work and
improvement chargeable upon a district, which is described as
follows:
All thatcertainterritory in the District included
within the exterior boundary lines shown on the plat exhibiting the
property benefited and to be assessed to pay the costs and expenses
of said work and improvements in the Assessment District, said map
titled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)", and which map was heretofore approved and which
said map is on file with the transcript of these proceedings,
EXCEPTING therefrom the area shown within the area of all public
streets, easements or public rights-of-way. For all particulars as
to the boundaries of the Assessment District, reference is hereby
made to said previously approved boundary map.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred
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to GALEN N* PETERSON, CONSULTING ENGINEER, who is hereby directed
to make and file the report in writing containing the following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed works
of improvement, including the cost of the incidental expenses, in
connection therewith;
C. A diagram showing the Assessment District above
referred to, which shall also show the boundaries and dimensions of
the respective subdivisions of land within said Assessment
District, as the same existed at the time of the passage of the
Resolution of Intention, each of which subdivisions shall be given
a separate number upon said Diagram;
D. A proposed assessmentofthetotalamount of the
assessable costs and expenses of the proposed improvement upon the
several divisions of land in proportion to the estimated benefits
to be received by such subdivisions, respectively, from said
improvement. Said assessment shall refer to such subdivisions upon
said diagram by the respective numbers thereof;
E. The description of the works of improvement to
be installed under these proceedings, and acquisition, where
necessary.
When any portion or percentage of the cost and
expenses of the improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first
be deducted from the total estimated costs and expenses of said
work and improvements, and said assessment shall include only the
remainder of the estimated costs and expenses. Said assessment
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shall refer t0 said subdivisions by their respective numbers as
assigned Pursuant to Subsection D. of this Section.
BONDS
SECTION 4. Notice is hereby given that bonds to represent the
unpaid assessments, and bear interest at the rate of not to exceed
the current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the @WImprovement Bond Act of
1915", being Division 10 of the Streets and Highways Code of the
State of California, which bonds shall be issued not to exceed the
legal maximum term as authorized by law, THIRTY-NINE (39) YEARS
from the second day of September next succeeding twelve (12) months
from their date. The provisions of Part 1.1.1 of said Act,
providing an alternative procedure for the advance payment of
assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual
proportion of the aggregate principal of the bonds, and the amount
of principal maturing in each year, plus the amount of interest
payable in that year, will be generally an aggregate amount that is
equal each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603, the Treasurer is hereby designated as the officer to collect
and receive the assessments during the cash collection period.
Said bonds further shall be serviced by the Treasurer or designated
Paying Agent.
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Refundinq
AnY bonds issued pursuant to these proceedings and
Division Il.5 Of the Streets and Highways Code of the State of
California (a) may be refunded (b) the interest rate on said bonds
shall not exceed the maximum interest rate as authorized for these
proceedings, and the number of years to maturity shall not exceed
the maximum number as authorized for these bonds unless a public
hearing is expressly held as authorized pursuant to said Division
lli5, and (c) any adjustments in assessments resulting from any
refundings will be done on a pro-rata basis.
Any authorized refunding shall be pursuant to the
above conditions, and pursuant to the provisions and restrictions
of Division 11.5 of the Streets and Highways Code of the State of
California, commencing with Section 9500, and all further
conditions shall be set forth in the Bond Indenture to be approved
prior to any issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and .
ordered 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.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legislative
body may determine, in accordance with the provisions of law for
one or more of the following purposes:
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A. Transfer to the general fund; provided that the
amount of any such transfer shall not exceed the lesser of One
Thousand Dollars ($l,OOO,OO) or five percent (5%) of the total from
the Improvement Fund;
B. As a credit upon the assessment and any
supplemental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a
special improvement fund identified and designated by the name of
this Assessment District, and into said Fund monies may be
transferred at any time to expedite the making of the improvements
herein authorized, and any such advancement of funds is a loan and
shall be repaid out of the proceeds of the sale of bonds as
authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest
will not be served by allowing the property owners to take the
contract for the installation of the improvements, and that, as
authorized by law, no notice of award of contract shall be
published. This limitation does not prohibit the property owners
from financing all or a portion of the improvements through a
private acquisition agreement.
GRADES
SECTION 9. That notice is hereby given that the grade to which
the work shall be done is to be shown on the plans and profiles
therefor, which grade may vary from the existing grades. The work
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herein contemplated shall be done to the grades as indicated on the
plans and specifications, to which reference is made for a
description of the grade at which the work is to be done. Any
objections or protests to the proposed grade shall be made at the
public hearing to be conducted under these proceedings.
PROCEEDINGS INOUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
your attention is directed to the person designated below:
JIM ELLIOTT, FINANCIAL MANAGEMENT DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE: (619) 434-2948
Written protests should be addressed to the City Clerk and
mailed to the address listed above.
ACQUISITION
SECTION 11. That the public interest, convenience and
necessity requires that acquisition shall be authorized as follows:
A. Acquisition of any rights-of-way, land and/
or easements necessary to accomplish the works of improvement, if
appropriate.
B. Acquisition of eligible facilities as
constructed pursuant to an Acquisition Agreement previously
approved and herein again ratified between City and property owner.
C. Acquisition of outstanding special assessment
liens previously levied for Assessment District No. 86-l (Palomar
Airport Road West).
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NO CITY LIABILITY
SECTION 12. This legislative body hereby further declares not
to obligate itself to advance available funds from the Treasury to
cure any deficiency which may occur in the bond redemption fund.
This determination is made pursuant to the authority of Section
8769(b) of the Streets and Highways Code of the State of
California, and said determination shall further be set forth in
the text of the bonds issued pursuant to the "Improvement Bond Act
of 1915".
PETITION
SECTION 13. That a petition signed by property' owners
representing more than 60% in area of the property subject to
assessment for said improvement has been signed and filed with the
legislative body and approved, and no further proceeding or actions
will be required under Division 4 of the Streets and Highway Code
of the State of California, the l@Special Assessment Investigation,
Limitation and Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
SECTION 14. It is hereby further determined to be in the best
public interest and convenience and more economical to do certain
work on private property to eliminate any disparity in level or
size between the improvements and the private property. The actual
cost of such work is to be added to the assessment on the lot on
which the work is done, and no work of this nature is to be
performed until the written consent of the property owner is first
obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 15. It is hereby declared that this legislative body
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prOpOSeS t0 levy an annual assessment pUrSUant to Section 10204 of
the streets and Highways Code of the State of California, said
annual assessment to pay costs incurred by the City and not
otherwise reimbursed which result from the administration and
collection of assessments or from the administration or
registration of any associated bonds and their related funds.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 25th day of March ,
1997, by the following vote:
AYES: Council Members Lewis, Finnila and Hall
NOES: None
ABSENT: Council Members Nygaard and Kulchin
ABSTAIN: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clbrk
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RESOLUTION NO. 97-416
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARINGS
WHEREAS, the CITY COUNCIL Of the CITY OF CARLSBAD, CALIFORNIA,
has instituted proceedings for the installation of certain public
works of improvement and appurtenances under provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, in a special
assessment district known and designated as ASSESSMENT DISTRICT NO.
95-l (CARLSBAD RANCH) (hereinafter referred to as the "Assessment
District"; and,
WHEREAS, there has been prepared and filed with the
legislative body a "Report" provided for in Sections 10203 and
10204 of the Streets and Highways Code of the State of California,
and this "Report " has been presented for consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted by the legislative body; and the "Report" as now
presented shall stand as the "Report " for the purpose of subsequent
proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
ENGINEER'S "REPORT"
SECTION 2. That the "Report" of the Engineer referred to
hereinabove is adopted, passed upon, and preliminarily approved, as
follows:
A. That the plans and specifications for the
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proposed improvements to be made, contained in said "Reportl' be,
and they are hereby preliminarily approved and adopted;
B- That the Engineer's estimate of the itemized and
total costs and expenses of the improvements and of the incidental
expenses in COnneCtiOn therewith contained in said "Reportll, be,
and each of them are hereby preliminarily approved and adopted;
C. That thediagram showing the Assessment District
referred to and described in said Resolution of Intention, and also
the boundaries and dimensions of the respective subdivisions of
land within said Assessment District, as the same existed at the
time of the passage of said Resolution of Intention, each of which
subdivisions have been given a separate number upon said diagram,
as contained in said llReport*@, be, and it is hereby preliminarily
approved and adopted;
D. That the proposed assessment upon the several
subdivisions of land in said Assessment District, in proportion to
the estimated benefits to be received by such subdivisions,
respectively, from said improvements, and of the incidental
expenses thereof, as contained in said 81Reporttt, be, and they are
hereby preliminarily approved and adopted;
E. That the descriptions of the works of
improvement contained in said t8Report8t be, and the same are, hereby
preliminarily approved.
SECTION 3. That said tlReport'l shall stand as the Engineer's
"Report" for the purpose of all subsequent proceedings had pursuant
to said Resolution of Intention.
PUBLIC HEARINGS
SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS
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ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, CARLSBAD,
CALIFORNIA, ON THE FOLLOWING DATES AND TIMES:
I A. FIRST PUBLIC HEARING: MAY 13, 1997 AT 6:00 P.M.
B. SECOND PUBLIC HEARING: JUNE 3, 1997 AT 6:00 P.M.
AT THAT TIME THE LEGISLATIVE BODY WILL CONSIDER AND
FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND' CONVENIENCE
REQUIRE THE IMPROVEMENTS; DETERMINE WHETHER A MAJORITY PROTEST HAS
BEEN TIMELY FILED AGAINST SAID IMPROVEMENTS, OR ANY PORTION
THEREOF; FINALLY ACT ON THE ENGINEER'S "REPORT"; AND HEAR ALL
PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, OR THE GRADES AT
WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT
DISTRICT, OR AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE
COST AND EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR ASSESSMENT;
AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR
BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN.
A. IF UPON THE CONCLUSION OF THE SECOND PUBLIC
HEARING A WRITTEN MAJORITY PROTEST EXISTS COMPUTED AND WEIGHTED
ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED
PROPERTY, THE PROCEEDINGS SHALL BE ABANDONED AND THE ASSESSMENTS
WILL NOT BE IMPOSED.
B. IF UPON THE CONCLUSION OF THE SECOND PUBLIC
HEARING WRITTEN PROTESTS ARE FILED BY OWNERS OF MORE THAN ONE-HALF
OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER PROCEEDINGS SHALL BE
TAKEN FOR A PERIOD OF ONE YEAR, UNLESS THE PROTESTS ARE OVERRULED
BY AN AFFIRMATIVE VOTE OF 4/5'S OF THE MEMBERS OF THE LEGISLATIVE
BODY FINDING THAT THE PUBLIC HEALTH AND SAFETY REQUIRE THE
IMPROVEMENTS.
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NOTICE AND PROTEST PROCEDURE
SECTION 5. A. That the City Clerk is hereby directed to mail
notice of said Public Hearings and the adoption of the Resolution
of Intention and of the filing of the @'ReportI@ to all persons
owning real property proposed to be assessed, whose names and
addresses appear on the last equalized assessment roll for County
taxes prior thereto, or as known to said City Clerk; and to all
other persons as prescribed in accordance with the provisions of
said Division 12.
B. Accompanying the mailed notice will be a form
of ballot to be submitted by property owners indicating their
position in favor of or against the formation of the special
Assessment District and levy of the assessments. All ballots shall
be returned prior to the conclusion of the second public hearing so
that a determination can be made as to whether or not a majority
protest exists and whether the proceedings will then go forward or
be abandoned. At the second public hearing the protests will be
tabulated.
BOUNDARY MAP .
SECTION 6. That the City Clerk is hereby further directed to
file a copy of the proposed boundary map in the Office of the
County Recorder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and
form as set forth in Division 4.5 of the Streets and Highways Code
of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 25th day of March ,
1997, by the following vote:
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AYES: Council Members Lewis, Finnila and Hall
NOES: None
ABSENT: Council Members Nygaard and Kulchin
ABSTAIN: None
ATTEST:
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ALETHA L. RAUTENKRANZ, City &$ erk
EXHIBIT 7
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(CARLSBAD RANCH)
PRELIMINARY ENGINEER’S REPORT
MARCH 11,1997
Prepared by:
GALEN N. PETERSON
Consulting Engineer
San Diego, California
(619) 487-7000
,
TABLE OF CONTENTS
ENGINEER’S REPORT
PART PAGE
PLANS AND SPECIFICATIONS . . .._...._......_............................_._................ 1-l
COST ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-l
ASSESSMENT ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1
ASSESSMENT DIAGRAM . . . . . .._................................................................ 4-l
DESCRIPTION OF WORK AND RIGHTS-OF-WAY
TO BE ACQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-l
6 PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR
ADMINISTRATION AND COLLECTION OF
ASSESSMENTS .,..................................................................................... 6-1
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT~DISTRICT NO. 95-1
(CARLSBAD RANCH)
TO: CITY COUNCIL
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
PRELIMINARY ENGINEER’S REPORT
PURSUANT TO THE PROVISIONS OF SECTION 10204, ET. SEQ.
OF THE STREETS AND HIGHWAYS CODE
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 and in
accordance with the Resolution of Intention, being Resolution No. I adopted by
the CITY COUNCIL of the CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, in connection with the proceedings for;
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
(hereinafter referred to as the “Assessment District”), I, GALEN N. PETERSON, the
duly appointed ASSESSMENT ENGINEER, submit herewith the “Report” for the
Assessment District, consisting of six (6) parts as follows:
PART 1
Plans and specifications for the proposed improvements are filed herewith and
made a part hereof. Said plans and specifications are on file in the Office of the
City Clerk.
PART 2
An estimate of the costs of the proposed works of improvements, including
incidental costs and expenses in connection therewith, is as set forth on the lists
thereof, attached hereto, and are on file in the Office of the City Clerk.
Sheet 1 of 3
PART 3
A proposed assessment of the total amount of the costs and expenses of the
proposed improvements upon the several subdivisions of land within the
Assessment District, in proportion to the estimated benefits to be received by sucn
subdivisions, respectively, from said improvements, is set forth upon the
assessment roll filed herewith and made a part hereof.
PART 4
A diagram showing the Assessment District, the boundaries and the dimensions of
the subdivisions of land within said Assessment District, as the same existed at the
time of the passage of the Resolution of Intention, is filed herewith and made a part
hereof.
PART 5
A general description of the works of improvement to be installed in said
Assessment District and description of all rights-of-way, easements and lands to be
acquired, if necessary.
PART 6
A proposed maximum annual assessment for administration and collection of
assessments.
Dated this // @day of tib~t,~ , 1997.
GALEN N. PETERSON, P.E.
/ ASSESSMENT El’&lNEER
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
Sheet 2 of 3
PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA. ON THE DAY OF , 1997.
CITY CLERK OF THE
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ON THE OF , 1997.
CITY CLERK OF THE
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
Sheet 3 of 3
ENGINEER’S REPORT
PART 1
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(CARLSBAD RANCH)
PLANS AND SPECIFICATIONS
The plans and specifications for this Assessment District are referenced herein
and incorporated as if attached and a part of this Report.
The improvement plans as well as contract documents and technical
specifications were prepared by the following consultants:
O’Day Consultants
Crosby Mead
Hunsaker & Associates
Nolte
Part l-l
,
ENGINEER’S REPORT
PART 2
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)
COST ESTIMATE
ITEM
. Public Works of Construction (See Exhibit “A”)
Contingencies
Total Construction
. Acquisition of Special Assessment Lien (A.D. 86-l)
. Land & Right-of-Way
. Payments
. Incidentals
a. Engineering
b. Soils Engineering
c. Environmental/Archaeology/Paleontology Consultant
d. Construction Management and Administration
e. City Plan Check Fees
f. City Inspection/Permit Fees
g. Design Surveys and Construction Staking
h. City Administration
i. Assessment Engineering
j. Audit of Acquisition Costs
k. Bond Counsel
I. Appraisal
m. Financial Advisor
n. Official Statement
o. Fiscal/Paying Agent
p. Printing Bonds
q. Publication and Miscellaneous Costs
r. Contingency
Total Incidentals \
Less Interest Earned
Less City Contributions
Capitalized Interest
Financing Costs
Bond Discount @ 2%
Bond Reserve @ 10%
Total Financing Costs
TOTAL AMOUNT ASSESSED
PRELIMINARY CONFIRMEI:
$ 8,444,085
323.321
$ 8,767,406
$ 713,968
0
0
$ 947,071
160,420
535,773
224,143
242,372
654,177
626,849
50,000
50,000
25,000
50,000
14,000
50,000
15,000
10,000
10,000
10,000
100.000
$ 3.774,805
0
0
0
$ 301,277
1,506,384
$ 1.807.661
$ 15,063,840
Part 2-1
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7-- ENGINEER’S REPORT
EXHIBIT “A” TO PART 2
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
PUBLIC~WORKS OF CONSTRUCTION COST ESTIMATE
ITEM
A. Acquisition of Improvements
(See separate document for detailed costs)
1. Armada Drive
2. Cannon Road from end to Armada Dr.
3. Palomar Airport Road
4. Roundabout and Lego Drive
5. Lego Drive Storm Drain
6. Promenade
PRELIMINARY CONFIRMED
~
i$ 3,427,684 I I 1,284,471 ’ I 1,440,657 I
I 994,057 1 I 730,453 ~
700.452 I
7. Waterline Relocation I 185:642 j
SUBTOTAL j $ 8,763,416 /
LESS STORM DRAIN COSTS IN EXCESS OF FEESI 319,331 :
TOTALI $ 8.444.085 ~
Part 2-2
ENGINEER’S REPORT
PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO.
(CARLSBAD RANCH)
ASSESSMENT ROLL
95-l
WHEREAS, on , 1997, the CITY COUNCIL of the CITY
OF CARLSBAD, CALIFORNIA, did, 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, and as amended, adopt its Resolution of Intention No.
for the construction of certain public improvements, together
with appurtenances and appurtenant work in connection therewith, in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
(hereinafter referred to as the “Assessment District”); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the
appointed Superintendent of Streets to make and file a “Report”, consisting of
the following:
;:
i:
e.
f.
Plans;
Specifications;
Cost estimate;
Assessment Diagram showing the Assessment District and the
subdivisions of land contained therein;
A proposed assessment of the costs and expenses of the works of
improvement levied upon the parcels and lots of land within the
boundaries of the Assessment District;
A proposed maximum annual assessment for administration and
collection of assessments.
For particulars, reference is made to the Resolution of Intention as previously
adopted.
Part 3- 1
NOW, THEREFORE, I, GALEN N. PETERSON, the duly appointed
ASSESSMENT ENGINEER, pursuant to the “Municipal Improvement Act of
1913”, do hereby submit the following:
1. Pursuant to the provisions of law and the Resolution of Intention, I have
assessed the costs and expenses of the works of improvement to be
performed in the Assessment District upon the parcels of land in the
Assessment District benefited thereby in direct proportion and relation to
the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcels, reference is made to
the Assessment Diagram, a copy of which is attached hereto.
2. As required by law, a Diagram is hereto attached as Part 4 of this Report,
showing the Assessment District, as well as the boundaries and
dimensions of the respective parcels and subdivisions of land within said
District as the same existed at the time of the passage of said Resolution
of Intention, each of which subdivisions of land or parcels or lots
respectively have been given a separate number upon said Diagram and
in said Assessment Roll.
3. The subdivisions and parcels of land, the numbers therein as shown on
the respective Assessment Diagram as attached hereto, correspond with
the numbers as appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with
Division 10 of the Streets and Highways Code of the State of California
(the “Improvement Bond Act of 1915”) to represent all unpaid
assessments, and the last installment of said bonds shall mature a
maximum of THIRTY-NINE (39) YEARS from the 2nd day of September
next succeeding twelve (12) months from their date. Said bonds shall
bear interest at a rate not to exceed the current legal maximum rate of
12% per annum.
5. By virtue of the authority contained in said “Municipal Improvement Act of
1913”, and by further direction and order of the legislative body, I hereby
make the following Assessment to cover the costs and expenses of the
works of improvement for the Assessment District based on the costs and
expenses as set forth below:
Part 3- 2
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6.
AS PRELIMINARY AS
APPROVED II CONFIRMED 11
/ Estimated Cost of Construction and I Acquisition
Estimated Incidentals, Payments, Right of
Way, and Financing Cost
$9,481,374.00 1 ! /
4
$5,582,466.00 , I
Estimated Total Project Cost
Less Estimated Cash Contributions
$15,063,840.00 !I
$0.00 il
Less Interest Earned During Construction
Balance to Assessment
$0.00
$15,063,840.00
For particulars as to the individual assessments and their descriptions,
reference is made to Exhibit “A” to Part 3 attached hereto.
The Method and Formula of Assessment Spread is as set forth in Exhibit
“B” to Part 3, which is attached hereto, referenced and so incorporated.
DATED: MA& C,& // , 1997
%A GALEN N. PETERSON. P.E.
i;Sl- Nn. 18364 //.
\,&\ ,,..-@&+$?j/~T EklG,Nk%V
CITY OF CARLSBAD
STATE OF CALIFORNIA
Part 3-3
I, LLOYD B. HUBBS, CIP/ ENGINEER, acting as SUPERINTENDENT OF
STREETS of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the
foregoing Assessment, together with the Diagram attached thereto. was filed in
myoffice onthe day of , 1997.
CITY ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA L. RAUTENKRANZ, as CLERK, of the CITY OF CARLSBAD.
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the
Diagram attached thereto, was approved and confirmed by the City Council on
the day of , 1997.
CIP/ CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, LLOYD B. HUBBS. CITY ENGINEER, acting as the SUPERINTENDENT OF
STREETS of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the
foregoing Assessment, together with the Diagram attached thereto, was
recorded in my office on the day of , 1997.
CITY ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
Part 3- 4
ENGINEER’S REPORT
EXHIBIT “A” TO PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
Assbssment
(CARLSBAD RANCH)
ASSESSMENT ROLL
Number Owner
1 CB Ranch Enterprises
2 Craig Realty Group - Carlsbad, LLC
3 Cansbad Ranch Co., L.P.
4 Carlsbad Ranch Co., L.P.
5 Cansbad Ranch CoJCarisbad Estate Holding, Inc.
6 Carisbad Ranch Co., L.P.
7 Cansbad Ranch Co., L.P.
8 Cartsbad Ranch Co., L.P.
9 Carisbad Estate Holding, Inc.
10 Cansbad Ranch Co., L.P.
11 National Association of Music Merchants, Inc.
12 Carlsbad Ranch Co., L.P.
13 Carlsbad Estate Holding, Inc.
14 Carlsbad Estate Holding, Inc.
15 Cansbad Ranch Co., L.P.
16 Carlsbad Estate Holding, Inc.
17 Cartsbad Estate Holding, Inc.
18 Cansbad Ranch CoKarlsbad Estate Holding, Inc.
19 Carlsbad Ranch CoKarlsbad Estate Holding, Inc.
20 Craig Realty Group - Cartsbad, LLC
21 Gemological Institute of America, Inc.
22 Carlsbad Ranch Co., L.P.
TOTAL
Assessment Amount
Preliminary Confirmed
$ 40,779.oo
$ 1,028,416.00
$ 34,564.OO
$ 864,013.OO
$ 102,090.00
$ 520,722.OO
$ 521,625.OO
$ 436,793.OO
$ 337,465.OO
$ 604,491 .OO
$ 528,176.OO
$ 507,211 .OO
$
$ 285,158.OO
$ 291,064.OO
$
$ 1,466,432.00
$ 3,784,506.00
$
$ 690,001 .OO
$ 1,466,739.00
$ 1.553.595.00
$ 15,063,840.00
Part 3 - Exhibit A-l
ENGINEER’S REPORT
EXHIBIT “B” TO PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(Carlsbad Ranch)
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant
to the provisions of the “Municipal Improvement Act of 1913”, must be based on
the special 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. That responsibility rests with the
Assessment Engineer, who is appointed for the purpose of making an analysis of
the facts and determining the correct apportionment of the assessment
obligation. For these proceedings, GALEN N. PETERSON, Consulting
Engineer, has been appointed to perform the functions of assessment engineer,
and attached hereto as Exhibit “C” to Part 3 is a statement of his qualifications
and prior experience.
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.
IDENTIFY THE SPECIAL BENEFITS
First it is necessary to clearly identify the public improvements, the beneficiaries
and the properties that will be receiving special benefit from the works of
improvement.
The boundary of the assessment district was selected to encompasses the entire
development of approximately 447.4 acres, known as the Carlsbad Ranch, in the
northwest quadrant of the City of Carlsbad. It is located entirely within the
boundary of Local Facilities Management Zone 13. On January 9, 1996, the
City Council approved by Ordinance No. NS-344 the Carlsbad Ranch Specific
Plan Amendment (Specific Plan 207(A)) for the development of the area within
the assessment district. The Carlsbad Ranch Specific Plan Amendment was
also approved by the Coastal Commission on April 11, 1996. This Specific Plan
Amendment defines the allowable type and intensity of land use and provides
detailed development and design standards and criteria. The proposed land
Part 3 - EXHIBIT 6 - 1
uses as well as other development criteria is summarized in the table shown
below.
Assessment No. Land Use Net Acres (1) ADT
1
2 (2) 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 (2)
21
22
TOTALS
R&V for Roads
Ag Retail
Golf
GIA
Golf
R&D/Office
R&D/Office
R&D/Office
R&D/Office
R&D/Office
R&D/Office
R&D/Off ice
Street
R&D/Office
R&D/Office
Open Space
Resort
Leg0
Lego Drive
Retail
GIA
Hotel
Total
53.80
15.95
45.60
10.87
26.45
5.77
5.78
4.84
4.00
4.95
4.04
3.79
1.97
3.38
3.45
10.00
52.88
128.32
0.88
10.70
17.76
1047
4zF5 ?1 7r; bI.,Q
447.40
0
8,977
0
2,395
600
1,443
1,445
1,210
1,000
1,238
1,010
948
0
845
863
0
7,500
8,182
0
6,023
2,305
3.600
49,582
(1) Average Daily Trips (ADT) is from the Final Program EIR and
per “Traffic Study for the LEGOLAND Carlsbad” by Kaku
Associates, inc. April 1994.
(2) The size of building and amount of ADT was amended and reduced.
The allowable uses of the various properties within the assessment district were
reviewed. In addition, the development standards, requirements and policies of
the City of Carlsbad related to these improvements were considered.
The special benefit derived by the properties within the proposed boundary of
the assessment district is the acquisition and construction of the public
improvements which will enable the properties to be developed. The public
improvements include street, water, sewer, reclaimed water and drainage
improvements. Presently, development is not possible because of the lack of
these facilities.
A portion of the improvements, specifically the construction of the north side of
Cannon Road, is a specific benefit to property that is not within the boundary of
Part 3 - EXHIBIT B - 2
-
the assessment district. The cost of this portion of the improvement that will
benefit others has not been included in the assessments.
An “Agreement for the Acquisition, Construction and Financing of Certain Public
Improvements Assessment District No. 95-1 (Carlsbad Ranch)” was entered into
on January 15, 1996. between the City and Carlsbad Ranch Company that
describe the eligible improvements included in this assessment district.
PUBLIC PARCELS
There are no publicly owned parcels within the boundary of the assessment
district.
APPORTIONMENT OF THE COSTS
In making this analysis, it is necessary that the property owners receive a
special benefit to their property as distinguished from that of the general public.
The special benefit is different for most parcels in the assessment district
because of several factors including location of the parcel in relation to the
improvements and whether or not they have direct access to the improvements
as well as the development potential of each parcel which determines the benefit
from the improvements. All of these factors have been taken into account in the
apportionment of the cost to each parcel in the assessment district as described
below.
A. Benefit Zones
Five zones of benefit have been established to spread the costs of similar
benefit within each zone. These five benefit zones are shown on the Assessment
Diagram and described as follows:
1. ZONE A includes those parcels in the northern portion of the
assessment district that benefit from the Cannon Road improvements.
2. Zone B includes those parcels in the southern portion of the
assessment district that benefit from the Palomar Airport Road improvements
3. Zone C includes those parcels in the southern portion of the
assessment district that benefit from the acquisition of the existing lien for
previous Assessment District No. 86-1 (Palomar Airport Road West).
Assessment number 18 (formerly identified as Assessors parcel numbers 211-
021-19 and 212-041-05) is not included in this zone since it will be responsible
for reimbursement to the City for costs that the City contributed to A.D. No. 86-l
for that assessment number.
Part 3 - EXHIBIT B - 3 42
.
4. Zone D includes those parcels in the central portion of the
assessment district that benefit from the Armada Drive and Lego Drive common
improvements. The term “common improvements” is used to refer to full width
grading of the roadway, the paved inside lanes, the paved outside lanes that are
not adjacent to parcels in zone D1, median curbs, water, sewer, reclaimed water,
and the traffic signal at Cannon and Lego Drive.
5. Zone Dl includes those parcels adjacent to Armada Drive that receive
driveway access from Armada Drive and benefit from the Armada Drive frontage
improvements. The term “frontage improvements” is used to refer to, the paved
outside lanes adjacent to these parcels, outside curb and gutter, sidewalk, street
lights, landscaping and irrigation, median hardscaping, and other frontage
improvements adjacent to these parcels that would normally be required of
development projects.
The following table summarizes the assessment numbers that are within each
zone identified above.
Zone of Assessment Numbers in Zone
Benefit
A 3,4,5,6,7,8,16,17,19,21
B 1,2,9,10,11,12,13,14,15,18,20,22
C 1,2,9,10,11,12,13,14,15,20,22
D 4,6,7,8,9,10,11,12,13,14,15,18,21,22
Dl 4,10,11,12,21,22
B. ASSESSMENT CRITERIA
The specific assessment criteria for spreading the cost of the various
improvements within the assessment district is described as follows:
1. Cannon Road
Cannon Road is being constructed to major arterial standards with four traffic
lanes and a raised median within a 102 foot right-of-way. Zone A of the
assessment district is within the boundary of a proposed Bridge and
Thoroughfare District described in a report titled “Bridge and Thoroughfare Fee
Study Report for Cannon Road West” which is dated December 11, 1995. This
report makes a recommendation to collect a facility fee based on average daily
trips (ADT) within the boundary of the Bridge and Thoroughfare District for the
“common improvements” as described in the report. The recommended amount
of the facility fee is $73 per ADT. The report also recommends that a developer
who designs and/or constructs any of the improvements covered by the fee
program may be eligible for credit and/or reimbursement, subject to the approval
of the City Council.
Part 3 - EXHIBIT B - 4
43
Based on the above, the cost of the Cannon Road improvements will be spread
to the benefiting parcels within Zone A as follows:
The “common improvements” as described in said Bridge and Thoroughfare
District Report will be assessed based on ADT to the parcels in Zone A. These
parcels will receive a credit for the amount of “common improvements” included
in the assessment district. These parcels will pay their remaining fee at the time
of obtaining building permits for the remaining costs of Cannon Road “common
improvements”.
The cost of “frontage improvements” as described in said report and which are
eligible for assessment district financing that are located on the south side of
Cannon Road will be assessed based on ADT to the parcels in Zone A.
The cost of “frontage improvements” on the north side of Cannon Road are not
assessed since they are the responsibility of adjacent property owners that are
not included in this assessment district.
2. Palomar Airport Road
Palomar Airport Road is proposed to be widened at intersections and for right
turn pockets, a sidewalk is to be constructed, the utilities are to be relocated, the
overhead electric lines are to be located underground, the traffic signals and the
center medians are to be modified and enhanced. These improvements will be
assessed based on ADT to all benefiting parcels in Zone B.
3. Acquisition of Special Assessment Liens for A. D. No 86-l
Assessment District No. 86-l previously financed improvements to Palomar
Airport Road. Liens for A.D. No. 86-l are currently outstanding on several
parcels within the boundary of this Assessment District No. 95-l. These existing
liens will be acquired by this A.D. No. 95-l and assessed to parcels in Zone C
based on the ADT of the parcels.
4. Armada Drive and Leqo Drive to Roundabout
Armada Drive is proposed to be constructed from the Roundabout in Lego Drive
to Palomar Airport Road with four traffic lanes, bike lanes, sidewalk, a raised
median in some portions of the roadway, water, sewer, reclaimed water and
storm drain facilities. Lego Drive, with similar proposed improvements, is to be
constructed from Cannon Road to Armada Drive. The “common improvements”,
as described in Zone D above, will be assessed based on ADT to all benefiting
parcels in Zone D. The “frontage improvements”, as described in Zone Dl
above, that are adjacent to parcels in Zone Dl will be assessed based on the
Part 3 - EXHIBIT B - 5
number of driveways which provide access to each parcel from Armada Drive
and Lego Drive. The storm drain improvements are assessed separately as
described in the following paragraph 6.
5. Roundabout and Leclo Drive (Southern portion)
The cost of the Roundabout improvements that pertain to the southern part of
Lego Drive and the public portion of the southern part of Lego Drive from
Armada Drive to assessment number 18 will be assessed to assessment number
18 since they are a specific benefit to only this one parcel.
6. Storm Drain
Public storm drain improvements are proposed to be located in Armada Drive
and in an easement in the private portion of Lego Drive. These storm drain
improvements will benefit all of the parcels, except assessment numbers 2, 4
and 20 which are in a separate drainage basin, and will be assessed on the
basis of the number of acres in each parcel. The number of acres will be further
adjusted for either low runoff or high runoff based on land use as described in
the report titled “Master Drainage and Storm Water Quality Management Plan”
dated March 1994. The cost of the improvements to be assessed will not
exceed the aggregate cost of the Planned Local Drainage Area (PLDA) fees for
these parcels. Parcels not assessed include open space, golf course and
agricultural parcels (assessment numbers 1,3, 5 and 16) and streets
(assessment numbers 13 and 19).
7. Existing Water Line to be Relocated
An existing water line will require relocation during construction of the
improvements. The cost of relocating this water line will be assessed to all
parcels, except streets, based on the number of acres in the parcel since that is
a measure of the amount of water that each parcel benefits from the water line.
8. Pedestrian Walkway
The pedestrian walkway improvements (wide sidewalk, retaining wall,
landscaping and benches) are located along the western side of Armada Drive
from assessment number 21 to assessment number 22 and continuing in an
easement on the western and southern side of assessment number 22 to the
southeastern corner of assessment number 22 at Armada Drive. The pedestrian
walkway directly benefits those parcels in the immediate vicinity of the walkway.
However, the pedestrian walkway will also be used to view the flower fields that
are grown on assessment number 1 during an eight week period of the year. The
land in assessment number 1 is restricted for use in perpetuity as agricultural.
The attraction of these flower fields and the use of the pedestrian walkway to
Part 3 - EXHIBIT B - 6
view these flower fields will also benefit assessment numbers 2, 3, 4, 5, 17, 18
and 20 for an eight week period during the year. Therefore, these proposed
pedestrian walkway improvements will be assessed to all parcels in the
assessment district based on the ADT of the parcel further adjusted by a factor
of 8/52 times the ADT for assessment numbers 2, 3, 4, 5, 17, 18 and 20; but no
adjustment for the remaining assessment numbers.
9. Incidental Expenses
Incidental expenses will be distributed to those appropriate improvements
numbered 1 through 8, as identified in the preceding paragraphs, or prorated to
each improvement as applicable in accordance with that improvement’s share of
the total cost.
IO. Financing Costs
Bond Discount, Reserve Fund and Capitalized Interest will be prorated to each
assessment number in accordance with that assessment number’s share of the
total cost.
11. Nil Assessments
Three parcels within the assessment district have been given a zero
assessment. Two of these parcels, assessment numbers 13 and 19, are private
streets used for access to adjoining parcels and can not be built upon. The
remaining parcel, assessment number 16, is an open space parcel which has no
benefit from the improvements.
SUMMARY
In conclusion, it is my opinion that the assessments for the above referenced
assessment district are spread in direct proportion with the special benefits
which each parcel receives from the works of improvement.
Dated this // ei day of /YAkTcH , 1997.
GALEN N. PETERSON, P.E.
CITY OF CARLSBAD
STATE OF CALIFORNIA
Part 3 - EXHIBIT B - 7
ENGINEER’S REPORT
EXHIBIT’V TO PART 3
GALEN N. PETERSON, P.E.
Principal
PROFESSIONAL EXPERIENCE
During his 30-year career, Mr. Peterson has
assumed an increasing amount of management
responsibilities, culminating in the establish-
ment of his own engineering firm. Mr. Peterson
is a registered Civil Engineer and has been
active in all phases of the planning, design and
construction management of diverse public
works facilities. In addition, he has been in-
strumental in assisting clients in obtaining
project funding through the formation and
administration of special assessment districts
as well as the administration of various federal,
state and local grants and loans. Representa-
tive projects for which Mr. Peterson has served
or is currently serving as Project Manag-
er/Assessment Engineer/Special Tax Consul-
tant include:
Community Facilities Districts
c District-wide capital project financing pro-
gram utilizing 1982 Mello-Roos CFD pro-
ceedings to finance $109 million of public
works for the Carlsbad Unified School
District.
. East Highland Schools CFD to finance
$9.0 to $15.0 million in construction of new
school facilities for the Redlands Unified
School District.
. City-wide capital project financing program
utilizing Mello-Roos CFD Act proceedings
to finance $103.4 million of public works
facilities for the City of Carlsbad.
. Special tax consulting services to finance
over $230 million for street improvements,
water, wastewater, parks, schools and fire
facilities for Las Flores Ranch CFD in the
City of Hesperia.
. Project management services for the City
of San Marcos for the following CFDs:
. CFD 91-01, Twin Oaks Valley Ranch,
to improve channel, street and school
facilities to serve a 300-acre residen-
REGISTRATION
California. 1966, Civil Engineer
Registration No. 16364
EDUCATION
B.S., 1962. Civil Engineering, South Dakota State
University, Bookings, South Dakota
MEMBERSHIPS
American Society of Civil Engineers
American Public Works Association
Chi Epsiion (Honorary)
Sigma Tau (Honorary)
tial development and golf course.
. CFD 91-02, to provide funding for
police and fire protection services.
. CFD 91-3, Costa del Sol, to improve
streets, drainage, water, sewer and
park facilities serving a 400-acre resi-
dential development and golf course.
Landscaping and Lighting
Maintenance Districts
. Landscape Maintenance District No. 88-1,
comprised of a total of approximately
53,000 parcels (35,700 of which are as-
sessed), for the Valley-Wide Recreation
and Park District to financing the construc-
tion, operation, maintenance and servicing
of landscaping, planting, shrubbery, trees,
turf, irrigation systems, entry monuments,
hardscapes, walls, site lighting, playground
equipment and public restrooms.
l Three separate Landscape Maintenance
Districts for the City of Escondido:
. Maintenance District 1, Reidy Creek,
for an irrigation system as well as
aquatic, ripanan and upland land-
scaping.
.
PETERSON
. Parkwood Landscape Maintenance
District for various subdivided tracts.
. Ranch0 Verde Landscape Mainte-
nance District for entry way to resi-
dential subdivision.
l City of Corona Landscaping/Street Lighting
Maintenance District Nos. 84-l and 84-2.
Assessment Districts
. Assessment District No. 93-l for the Vat-
ley Center Municipal Water District to
finance $1.1 million of preliminary expen-
ses, including design costs, of a total
$17.4 million project to expand the Lower
Moosa Canyon Wastewater Treatment
Plant. A second part of the assessment
district will assess the remaining $16.3
million in costs, including construction, to
the benefrtting properties.
. Hacienda/Santa Fe Assessment District to
financing a $7.0 million sewage collection
system for the Ranch0 Santa Fe Commu-
nity Services District.
. Assessment District 93-1, San Digueno
Hills, to fund a $7.0 million sewage collec-
tion system for the Whispering Palms
Community Services District.
c Stonecrest Development Assessment Dis-
trict for the City of San Diego to fund
backbone facilities, including storm drains,
water and sewer system, street improve-
ments and a freeway interchange for
industrial, research and development
(R&D) and general office building com-
plexes. The project involved a phased
bond issue for an estimated $101.3 million
in funds.
. Tierrasanta Norte Assessment District for
the City of San Diego to fund over $21.0
million of water, sewage collection and
storm drainage and street improvements.
Formation of one assessment district to
provide funding for infrastructure improve-
ments to the Batiquitos Lagoon Education
Park, a mixed-use community located on
167.9 acres, for the City of Carlsbad (proj-
ect uttimately suspended by client).
Assessment engineering services to fund
approximately $5.1 million for street widen-
ing, traffic control, street lighting, water
lines and drainage facilities for Assess-
ment District 86-1, Palomar Airport Road,
for the City of Carlsbad.
Assessment engineering services to fund
approximately $31.2 million for street and
public works improvements for Assess-
ment District 86-1, Cannon Road, for the
City of Carlsbad. Improvements included
widening Cannon Road for approximately
4.5 miles; water, drainage, telephone, gas
and electric facilities; and sewerage sys-
tem improvements, including pumpstation,
force main and 8- to 36-inch sewer lines.
1989 Auto Mall Assessment District for the
City of Hemet.
Barton Commercial Center Assessment
District No. 91-1 for the City of Redlands.
Fourteen separate assessment districts for
a sewage collection system and 3.0 MGD
regional wastewater treatment facilities for
the Yucaipa Valley Water District.
Four assessment districts for the Eastern
Municipal Water District providing approxi-
mately $19 million for the construction of
water and sewerage facilities for the Dutch
Village, Homeland/Green Acres, Stage-
coach and Pigeon Pass areas within the
District.
Refunding Districts
. Assessment District 2-R (Refunding) for
the Baldy Mesa County Water District.
RESUME
.
PETERSON
. Assessment District 14 and Assessment
District 15 (Refunding) for the City of Big
Bear Lake
. City of Corona, Assessment District No.
79-2 (Northeast Area) Refunding
. Assessment District 85-PD-R (Refunding)
for the City of Ranch0 Cucamonga.
Financial PIans and
Developer Fee Programs
. South Corona Facilities Plan, Developer
Fee Program and formation of two corn-
munity facilities district (CFDs 89-l and
90-l) for the City of Corona to finance the
construction of streets, traffic signals,
drainage, water, sewer, parks and emer-
gency facilities (fire protection), landscag
ing, Community Facilities Plan (CFP) reim-
bursement and administration fees.
. Financing alternatives and implementation
plan for the SR-125 Corridor Toll Road
Feasibility Study (subconsultant to prime)
for the City of Chula Vista, including an
assessment of the impacts of the pro-
posed toll road on the community and
assistance in identifying possible financing
methods.
. Financing plans for water and sewerage
facilities for the Mission Springs Water
District (District Engineer, 1969 to Pm-
sent), the most recent of which was for the
Olympus Golf Club (December 1993), and
the formation and implementation of seven
separate assessment district. three of
which were financed through federal and
state grant/loan programs-
* Various preliminary financing reports and
the formation of eight separate assess-
ment districts for the County of San Diego
as Assessment Engineer under three one-
year contracts (renewed consecutively) for
public financing services.
Financing plan for the acquisition of the
Crestmore Heights Mutual Water Com-
pany by the West San Bernardino County
Water District, which recommended the
formation of an assessment district and a
Farmers Home Administration loan.
Northeast Area Planning, Technical and
Funding Report for the City of Corona,
including project phasing recommenda-
tions for the construction of “backbone”
infrastructure to serve approximately 1,480
acres of land for residential, commercial
and light-industrial use, and the formation
and implementation of Assessment District
No 79-2.
Two public works financing plans for the
City of San Marcos, including the Heart of
the City Financing Plan (November 1993)
and University Village Financing Plan
(September 1993).
Financing plan and special tax consuttant
services (CFD 93-3) for Foothill Market
Place, a new commercial development for
the construction of $5.0 million of street,
water, sewer, storm drain and landscaping
improvements for the City of Ranch0
Cucamonga.
Financing plan and assessment engineer-
ing services for the Rancheros Road com-
mercial development (AD 1-l 985) for the
City of San Marcos.
Financing plan and assessment engineer-
ing services for the Railroad Street indus-
trial development project (AD 88-l) for the
City of Corona.
Bridge and Thoroughfare District
. City of Carlsbad, Bridge and Thoroughfare
Benefit District No. 1.
Standby Districts
. Baldy Mesa Water District, Water Standby
District.
PETERSON
Elsinore Valley Water District, Water,
Regional Sewer, California Oaks and
Improvement District No. U-2 Standby
Districts.
Idyllwild Fire Protection District, Standby.
Lake Hemet Municipal Water District
Improvement Districts 1, U-2 and A Stand-
by Districts.
Mission Springs Water District, Water and
Sewer Standby Districts.
Tax Roll Billings
Mr. Peterson has also directed and supervised
the preparation of annual property tax roll
billings for clients throughout Southern Califor-
nia, advising team members and consulting
with client representatives and legal counsel
throughout the process. Assignments specific
to Fiscal Year 1996-96 were completed for the
following clients:
.
c
l
.
l
.
.
.
.
.
.
l
.
.
.
c
.
Bear Valley Community Hospital District
City of Carlsbad
Carlsbad Unified School District
City of Corona
Eastern Municipal Water District
Elsinore Valley Municipal Water District
Lake Arrowhead Corn. Services District
Lake Hemet Municipal Water District
Idyllwild Fire Protection District
Mission Springs Water District
City of Penis
Poway Unified School District
RanchoSantaFeCommunity Services Dist.
Santa Rosa Community Services District
San Bernardino Mtns. Corn. Hospital Dis.
Ramona Municipal Water District
Valley-Wide Recreation and Park District
4 RESUME
,=JJ
ENGINEER’S REPORT
PART 4
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)
A reduced copy of the Assessment Diagram is attached hereto and is a part of
the Engineer’s “Report”. A full size copy of the Assessment Diagram is on file
with the City Clerk.
Part 4-1
. -
ASSESSMENT DIAGRAM
OF
ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)
CITY OF CARLSBAD
COUNTY OF SAN DIEDO. STATE OF CALIFORNIA
LEGEND
m , , m , , m ASSESSMENT DISTRICT BOUNDARY
PARCEL UNE
I I m I I ZONE BOUNDARY OF ZONES A AND B
I I I I I I I I I BOUNDARY ZONE C
~~~ BOUNDARY ZONE D
~~~ BOUNDARY ZONE D AND Dl
L-z7 ASSESSMENT NUMBER
i-r\> ’ i VI IM MAp HnlUSU
SEE SHEET 2
CllYCUUW
MalYWWUUD
-8M-WM ~a-wmcnYw-ns4Yw . Ih.
-w-w lnEmYw-
U(UILIIUWlwAlLMDnMaYr-wYt8aYrwuravD wu lmco on M~DAY or- .lh. o( M~rlrc&l,.~~W~~ all Ym - DUQIY wa UIEPWI abm - nccommlln8wmcwMtuavmwnw -wYDalYw-wlM-Yw~ lU-. -8yLDLYona-Ral -wn8omawM ~WmmrrnM~WOUnWT)ICH~ uuiD-lAcllMaLwum-onlm-DUDUY
CllYWW
McnYw-
IUDllW -MY w ,lh.AYMMwQ_QMQ(~WIOQ[--OIWIw-UPCOYUmI- -rra-.u-~-. I(McmKwM- ummuwMmyr*wyI(D8w.lYAlsw-
--am -wwlDlDDo ml-
wIDwaml*.~-- -MY*----ml P’&“-- aam-wrum-ua-
.-
ASSESSMENT DIAGRAM
OF
ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)
CITY OF CARLSRAD
COUNTY OF SAN OIEGO. STATE OF CALIFORNIA
ENGINEER’S REPORT
PART 5
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
DESCRIPTION OF WORKS OF IMPROVEMENT
AND RIGHTS-OF-WAY TO BE ACQUIRED
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
Acquisition and construction of the following items including all necessary
appurtenances:
1. Cannon Road, from Car Country Drive to Lego Drive, constructed to
major arterial standards with four traffic lanes and a raised median within a 102
foot right-of-way including the following improvements: grading,
roadway/surface improvements, water, sewer and landscaping.
2. Improvements to the north side of existing Palomar Airport Drive, from
Paseo del Norte to Hidden Valley Road, including the following: grading,
roadway/surface improvements including median, traffic signal modification at
Paseo Del Norte and Armada Dr., landscaping, relocation of utilities and
undergrounding of overhead electric lines.
3. Armada Drive, from Lego Drive to Palomar Airport Road, and Lego
Drive, from Cannon Road to Roundabout and end of public right-of-way,
constructed with four traffic lanes and raised median in some areas including
the following improvements: grading, roadway/surface improvements, traffic
signals, streetlights, water, sewer, reclaimed water and landscaping.
4. Storm drain improvements in Armada Drive and in an easement in
Lego Drive.
5. The relocation of an existing water line located easterly of Armada
Drive.
Part 5-I
6. Pedestrian walkway improvements (wide sidewalk, retaining wall,
landscaping and benches) located along the western side of Armada Drive and
in an easement along the western and southern side of assessment number 22.
7. Acquisition of the existing lien for Assessment District No. 86-l
(Palomar Airport Road West).
The proposed work shall also include design engineering services (including
preparation of plans, specifications and cost estimates), environmental,
archaeology, paleontology, planning studies, surveying and staking, construction
management, inspection, financial advisor, assessment engineering, legal and
bond counsel services, City administration services and other expenses
associated with the work effort.
Part 5-2
.
RIGHT-OF-WAY CERTIFICATE
CITY OF CARLSBAD
STATE OF CALIFORNIA
The undersigned, LLOYD B. HUBBS, hereby CERTIFIES UNDER PENALTY OF
PERJURY that the following is all true and correct:
At all times herein mentioned, the undersigned was, and now is, the duly
appointed City Engineer and authorized representative of the City of Carlsbad,
California.
That there have now been instituted 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, for the construction of certain public
improvements in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
(hereinafter referred to as the “Assessment District”).
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
w a- That all easements, rights-of-way, or land necessary for the
accomplishment of the works of improvement for the above referenced
Assessment District have been obtained and are in the possession of the
City of Carlsbad.
0 b. That all easements, rights-of-way or land necessary for the
accomplishment of the works of improvement for the above referenced
Assessment District have been obtained and are in the possession of the
City of Carlsbad, EXCEPT FOR THOSE set forth in a separate document
on file with the City Clerk, and made a part hereof as if included herein,
showing the legal descriptions of rights-of-way and easements not yet
obtained at this time.
It is further acknowledged that works of improvement as proposed to be
constructed within said Assessment District must be constructed within public
rights-of-way, land, or easements as owned by said City at the time of the
construction of the works of improvement, and the undersigned hereby further
certifies that all rights-of-way necessary for the works of improvement will be
Part 5-3
obtained and in the possession of the City prior to the commencement of any
construction.
EXECUTED THIS DAY OF , 1997.
CITY ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
Part 54
ENGINEER’S REPORT
PART 6
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(CARLSBAD RANCH)
PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR
ADMINISTRATION AND COLLECTION OF ASSESSMENTS
A proposed maximum assessment of $75.00 per assessed parcel will be levied
upon each of the several subdivisions of land in the district including parcels
representing a division of any parcel to pay costs incurred by the CITY OF
CARLSBAD and not otherwise reimbursed which result from the administration
and collection of assessments or from the administration or registration of any
associated bonds and reserve or other related funds. Said annual assessment
may be increased over the previous year’s assessment to account for inflation.
Said inflation shall be measured by the Consumer Price Index of the Bureau of
Labor Statistics of the United States Department of Labor for all Urban
Consumers, San Diego, California (1967 = 100) as published by the United
States Department of Commerce.
Part 6-l