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HomeMy WebLinkAbout1997-03-25; City Council; 14107; Carlsbad Ranch Assessment District._ l 4 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: I> 2) 3) 4) 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 2 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: 1. 2. 3. 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 l ** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 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. - . -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 7 . . 1 ‘. _- - 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 n . I I ‘, t 5 l( 11 12 If 14 l! 1t li 15 1s 2c 21 22 23 24 25 26 27 28 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 b . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. I3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 i4 I . . 1 2 ‘: - 4 4 u c 7 I 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . , l 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /I/ /I/ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: /I/ , 1 ..’ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). //I I// 4 . I l t 1 1 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ’ : .d I , . c , I 1 2 ? 4 5 c 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . - 4 5 c 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 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: . ,2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Lewis, Finnila and Hall NOES: None ABSENT: Council Members Nygaard and Kulchin ABSTAIN: None ATTEST: . 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 . . 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 . . 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