HomeMy WebLinkAbout1997-04-15; City Council; 14138; Carlsbad Ranch Assessment District.I
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4TY OF CARLSBAD - AGENbA BILL
AB# ]$ 1.38 TITLE:
MTG. 4-rs-93
ADOPTION OF A MODIFIED ENGINEER’S
REPORT - CARLSBAD RANCH ASSESSMENT
DEPT. CD DISTRICT 95-l fius5-\
RECOMMENDED ACTION:
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DEPT. HD.
+ CITY All-Y. wg,
CITYMGR w
Adopt Resolution No. TpfY5 passing on the Modified Report of the Engineer and
Approving modifications.
ITEM EXPLANATION:
On March 25, 1997 the City Council adopted a series of resolutions which placed in motion
the formation of the Carlsbad Ranch Assessment District. Resolution No. 97-416 approved
the preliminary Engineer’s Report which detailed the cost of improvements and how the
cost would be spread to the benefiting property.
Following the Council’s action, the project manager for Carltas identified certain
improvements which had been inadvertently omitted from the project costs submitted to the
City and the Assessment Engineer for inclusion in the Engineer’s Report. These costs were
related to the construction of certain electrical utilities.
The City staff has reviewed the omitted items and agrees that they qualify for inclusion in
the assessment district. However, because the Council has already approved the
Preliminary Engineer’s Report, these costs can only be included if the Council is willing to
adopt an amended Engineer’s Report.
Both the City’s bond counsel and financial advisor have reviewed the additional items and
agree that, with Council’s consent, the items may be included without affecting the viability
of the district.
Staff is asking that Council adopt the attached resolution approving the Revised Preliminary
Engineer’s Report. With this action the total project will increase to $15,590.803 from
$15,063,840.
FISCAL IMPACT:
The total assessment levied against the property within the Carlsbad Ranch project will
increase as described above. The City will bear no portion of the cost for these any other
improvements included within the assessment district. The increase in assessment will not
affect the viability of the district.
EXHIBITS:
1. Letter from Galen Peterson dated April 4, 1997.
2. Resolution No.9+ YY5 Resolution of the City Council of the City of Car&bad,
California, Passing on the Modified “Report” of the Engineer and Approving
Modifications.)
3. Modified Preliminary Engineer’s Report dated April 4, 1997.
Exhibit 1
MEMORANDUM
April 4,1997
TO: JIM ELLIOTT
LLOYD HUBBS
DAVID HAUSER
WALTER BROWN
SHERRI HOWARD
MAC BROWN
CARL KADIE
WILLOUGHBY JOHNSON
TOM ROBERTS
FROM: GALEN PETERSON .+-
SUBJECT: MODIFIED PRELIMINARY ENGINEER’S REPORT
ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH)
Enclosed is the subject report to be used for the City Council’s action scheduled for
April 15th. The modification is an increase in’the cost of the improvements for Palomar
Airport Road due to an oversight by the Carltas Company. The total project cost
increased from $15,063,840 to $15590,803.
Please see, Part 3 2 Exhibit A-l for a comparison of the Prelimirrary and Modified
Preliminary Assessments. Assessments for assessment numbers I, 3,4,5, 17 and 21
remained the same since they were not affected by the increased cost of Palomar
Airport Road. All of the remaining assessment numbers increased except for
assessment number 22 which decreased due to the deletion of pedestrian walkway
improvements around this parcel. The owners of this parcel will be required to
complete these pedestrian walkway improvements when they build the hotel/time share
units on this site.
If you have any questions, please do not hesitate to contact me.
.
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Exhibit 2
RESOLUTION NO. 97-445
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE MODIFIED "REPORT" OF THE ENGINEER AND APPROVING MODIFICATIONS
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
assessmentdistrictknown and designated as ASSESSMENT DISTRICT NO.
95-1 (CARLSBAD RANCH) (hereinafter referred to as the "Assessment
District"); and,
WHEREAS, there has been prepared, filed with and preliminarily
approved by this 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, at this time certain amendments and modifications are
proposed to the preliminary "Report" as presented, and an Modified
"Report" has been presented to this legislative body for
consideration.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
Modified
SECTION 2. That the Modified "Report" of the Engineer referred
to hereinabove is considered, adopted, passed upon, and approved in
its modified form.
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SECTION 3. That said Modified "Report", as herein approved,
shall now stand as the Engineer's 81Report@1 for this Assessment
District.
NOTICE OF PUBLIC HEARING
SECTION 4. The Notice of Public Hearing, as originally
authorized, shall be given in the form and manner as authorized by
law, and direction is hereby given that the NOTICE! TO PROPERTY
OWNERS and PROPERTY OWNER BALLOT include the appropriate
modifications or amendments in the assessments as set forth in the
approved and Modified Engineer's 8vReportvv, as approved by this
Resolution.
SECTION 5. There will be no change in the date, time or place
of the previously authorized public hearings relating to the
formation of this Assessment District.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 15th day of
April ? 1997, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Council Member Nygaard
ABSTAIN: None
ATTEST:
.
ALETHA L. RAUTENK
Exhibit 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(CARLSBAD RANCH)
MODIFIED PRELIMINARY ENGINEER’S REPORT
APRIL 4, 1997
Prepared by:
GALEN N. PETERSON
Consulting Engineer
San Diego, California
(619) 487-7000
5
TABLE OF CONTENTS
ENGINEER’S REPORT
PART PAGE
1 PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l-l
2 COST ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-l
3 ASSESSMENT ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-l
4 ASSESSMENT DIAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-l
5 DESCRIPTION OF WORK AND RIGHTS-OF-WAY
TO BE ACQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-I
6 PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR
ADMINISTRATION AND COLLECTION OF
ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-l
i
AGENCY:
PROJECT:
TO:
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(CARLSBAD RANCH)
CITY COUNCIL
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
MODIFIED 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. 97-415, 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-I
(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 such
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.
4 Dated this 4 day of 4~fi/ , 1997.
GALEN N. PETERSON, P.E.
A&-
/ASSESSMENT ENGINEER
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 Zg: DAY OF Pa&d , 1997.
CITY CLERK OF THE ’ I
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
MODIFIED PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ON THE /5-e DAY OF &/k/c. ,1997.
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-I
(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
1: Capitalized Costs Interest
Financing
Bond Discount @ 2%
Bond Reserve @J 10%
Total Financing Costs
TOTAL AMOUNT ASSESSED
PRELIMINARY MODIFIED PRELIM. CONFIRMED
$ 8,444,085 $ 8,869,697
323.321 361,437
$ 8,767,406 $ 9,231,134
$ 713,968 $ 713,968
0 0
0 0
$ 947,071 $ 947,071
160,420 160,420
535,773 535,773
224,143 224,143
242,372 242,372
654,177 654,177
626,849 626,849
50,000 50,000
50,000 50,000
25,000 25,000
50,000 50,000
14,000 14,000
50,000 50,000
15,000 15,000
10,000 10,000
10,000 10,000
10,000 10,000
100.000 100.000
$ 3,774,805 $ 3,774,805
0 0
0 0
0 0
$ 301,277 $ 311,816
1,506,384 1,559,080
-1.807.661
$ l&063,840 $ 15,590,803
Part 2-I
-
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 I PRELIMINARY I MODIFIED PRELIM. I CONFIRMED
. Acquisition of Improvements
(See separate document for detailed c&s)
1. Armada Drive $ 3,427,684 $ 3,427,684
2. Cannon Road from end to Armada Dr. 1,284,471 1,284,471
3. Palomar Airport Road 1,440,657 1,866,269
4 Roundabout and Leao Drive 994,057 994 057
,453 7:
462 7(
..--..-----_ -..- --I- - ..- I -- _,
5. Lego Drive Storm Drain 730,
6. Promenade 700
-1---
30,453
10,452
35.642
39 028
331
5.97
7. Waterline Relocation 165.642 1 SUBTOTAL $ 8,763,416 $ 9,1L_,.
LESS STORM DRAIN COSTS IN EXCESS OF FEES 319.331 319,:
TOTAL 16 8,444,085 $ 8$89,(
Part 2-2
ENGINEER’S REPORT
PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
ASSESSMENT ROLL
WHEREAS, on March 25, 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.
97-415, 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-I
(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:
E:
::
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 IO of the Streets and Highways Code of the State of California
(the “Improvement Bond Act of 191 S’), 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
AS PRELIMINARY
APPROVED
Estimated Cost of
Construction and
Acquisition
$9,481,374:00
Estimated Incidentals,
Payments, Right of Way, and Financing
cost
$5,582,466.00
Estimated Total
Project Cost
$15,063,840.00
Less Estimated Cash Contributions $0.00
Less interest Earned During Construction $0.00
Balance to Assessment $15,063,840.00
AS MODIFIED AND
PRELIMINARY
APPROVED
AS
CONFIRMED
$9,945,102.00
I
$5,645,701 .OO
$15,590,803.00
$15,590,803.00
For particulars as to the individual assessments and their descriptions,
reference is made to Exhibit “A” to Part 3 attached hereto.
6. 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: L7f-i ,I997 /
GALEN N. PETERSON, P.E.
Part 3- 3
I, LLOYD B. HUBBS, CITY 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
my office on the 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.
CITY 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
Assessment
Number Owner
1 CB Ranch Enterprises
2 Craig Realty Group - Carlsbad, LLC
3 Carlsbad Ranch Co., L.P.
4 Carlsbad Ranch Co., L.P.
5 Carlsbad Ranch Co./Carlsbad Estate Holding, Inc.
6 Carlsbad Ranch Co., L.P.
7 Carlsbad Ranch Co., L.P.
8 Carlsbad Ranch Co., L.P.
9 Carlsbad Estate Holding, Inc.
10 Carlsbad 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 Carlsbad Ranch Co., L.P.
16 Carlsbad Estate Holding, Inc.
17 Carlsbad Estate Holding, Inc.
18 Carlsbad Ranch CoJCarlsbad Estate Holding, Inc.
19 Carlsbad Ranch CoKarlsbad Estate Holding, Inc.
20 Craig Realty Group - Carlsbad, LLC
21 Gemological Institute of America, Inc.
22 Carlsbad Ranch Co., L.P.
TOTAL
ENGINEER’S REPORT
EXHIBIT “A” TO PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)
ASSESSMENT ROLL
Assessment Amount
Preliminary Modified Prelim. Confirmed
$ 40,779.oo $ 40,779.oo
$ 1,028,416.00 $ 1,221,552.00
$ 34,564.OO $ 34,564.OO
$ 864,013.OO $ 864,013.OO
$ 102,090.00 $ 102,090.00
$ 520,722.OO $ 523,197.oo
$ 521,625.OO $ 524,104.OO
$ 436,793.OO $ 438,869.OO
$ 337,465.OO $ 361,654.OO
$ 604,491.OO $ 631,656.OO
$ 528,176.OO $ 549,831.OO
$ 507,211.OO $ 527,352.OO
$ - $
$ 285,158.OO $ 305,599.oo
$ 291,064.OO $ 311,928.OO
$ $
$ 1,466,432.00 $ 1,466,432.00
$ 3,784,506.00 $ 3,914,215.00
$ $
$ 690,OOl.OO $ 819,583.OO
$ 1,466,739.00 $ 1,466,739.00
$ 1.553.595.00 $ 1.486.646.00
$ 15,063,840.00 $ 15,590,803.00
Pan 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 tlie 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 B - 1
uses as well as other development criteria is summarized in the table shown
below.
Assessment No. Land Use
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
RNV for Roads
Total
&I Retail
Golf
GIA
Golf
R&D/Office
R&D/Office
R&D/Office
R&D/Office
R&D/Office
R&D/Office
R&D/Office
Street
R&D/Office
R&D/Office
Open Space
Resort
Leg0
Lego Drive
Retail
GIA
Hotel
Net Acres
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
10.47
425.65
21.75
447.40
(1) ADT
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-l (Palomar Airport Road West).
Assessment number 18 (formerly identified as Assessor’s parcel numbers 21 l-
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
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 Dl , 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 const&cts 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
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 86-1
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 Leclo 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
number of driveways which provide access to each parcel from Armada Drive
Part 3 - EXHIBIT B - 5
and Lego Drive. The storm drain improvements are assessed separately as
described in the following paragraph 6.
5. Roundabout
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. Existinq 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
view these flower fields will also benefit assessment numbers 2, 3, 4, 5, 17, 18
Part 3 - EXHIBIT B - 6 a3
-
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. A credit has been applied to
assessment number 22 for the cost of a portion of the improvements (sidewalk
and sod) that were not completed along the west and south side of this parcel.
When the owner of this parcel develops, they will be required to complete these
improvements at their own expense.
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.
10. 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 bU - day of Of-/-/ , 1997. I
GALEN N. PETERSON, P.E.
ASSESSMENT ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
Part 3 - EXHIBIT B - 7 , a .4
ENGINEER’S REPORT
EXHIBIT “C” TO PART 3
GALEN N. PETERSON, P.E.
Principal
PROFESSIONAL EXPERIENCE
During his 35year career, Mr. Peterson has
assumed an increasing amount of manage-
ment responsibilities, culminating in the
establishment of his own engineering firm. He has assisted many clients throughout
Southern California and Nevada.
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 instrumental in assist- ing clients in obtaining project funding through
the formation of special assessment districts
as well as the administration of various federal, state and local grants and loans.
Representative projects for which Mr. Peterson has served or is currently serving as
Assessment Engineer, Special Tax Consultant
or Project Manager include:
Assessment Districts
Assessment District No. 93-1 for the Val-
ley Center Municipal Water District to
finance $1 .l 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 benefiting properties.
Assessment District No. 96-1 for the Val-
ley Center Municipal Water District to
fund the wastewater capacity charges for
a new development known as “Treasurers at Castle Creek”.
Assessment District No. 96-2 for the Val- ley Center Municipal Water District to
finance a low pressure sewer collection
system in a hilly area of the District.
Assessment District No. 92-l (Hacienda Santa Fe/Ranch0 Del Rio Sewers) for
the Ranch0 Santa Fe Community
RE GiSTRATION
California, 1968, Civil Engineer Registration No. 18364 Nevade, 1996, Civil Engineer
Registration No. 12333
EDUCAllON
B.S., 1962, Civil Engineering, South Dakota State University, Brooking% South Dakota
MEMBERSHPS
American Society of Civil Engineers American Public Works Association
Chi Epsilon (Honorary) Sigma Tau (Honorary)
Services District which financed a $7 million sewage collection system.
& Assessment District 93-1, (La Zanja
Canyon) located in the Ranch0 Santa Fe
area, to fund a $4.6 million sewage collection system for the Whispering
Palms Community Services District.
> Stonecrest Development Assessment District for the City of San Diego to fund
backbone facilities, including storm drains, water and sewer system, street
improvements 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 mil- lion 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 improvements to the Batiquitos Lagoon
Education Park, a mixed-use community located on 167.9 acres, for the City of
Carlsbad (project was ultimate/y
suspended by client).
a5 1
PETERSON
> Assessment engineering services to fund
approximately $5.1 million for street wid-
ening, 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 85-1, 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
system improvements, including pump
station, force main and 8- to 36-inch
sewer lines.
> Assessment District No. 95-l (Carlsbad
Ranch) to finance approximately $15 million of street, water, sewer, reclaimed
water, landscaping, storm drain and pedestrian walkway improvements for
the development which contains LEG0
LAND in the City of Carlsbad.
> 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
approximately $19 million for the con- struction of water and sewerage facilities
for the Dutch Village, Homeland/Green Acres, Stagecoach and Pigeon Pass
areas within the District.
Refunding Assessment Districts
> Assessment District 85-PD-R for the City
of Ranch0 Cucamonga.
b Assessment District 14 and Assessment District 15 for the City of Big Bear Lake.
b Assessment District 2-R for the Baldy
Mesa County Water District.
b City of Corona, Assessment District No.
79-2 (Northeast Area).
Community Facilities Districts
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
approx. $15.0 million in construction of new school facilities for the Redlands
Unified School District.
City-wide capital project financing pro- gram utilizing Mello-Roos CFD Act pro-
ceedings to finance $103.4 million of public works facilities for the City of
Carlsbad.
Special tax consulting services to finance
over $230 million of public street
improvements, water, wastewater, parks,
schools and fire facilities for Las Flares
Ranch CFD in the City of Hesperia.
Project management services for the City
of San Marcos for the following CFDs:
H CFD 91-01, Twin Oaks Valley
Ranch, to improve channel, street
and school facilities to serve a 300-
acre residential development and
golf course.
RESUME 4.6
-
PflERSON
n CFD 91-02, to provide funding for
police and fire protection services.
n CFD 91-3, Costa del Sol, to improve streets, drainage, water, sewer and
park facilities serving a 400-acre
residential development and golf
, course.
Landscaping and Lighting
Maintenance Districts
b 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 con-
struction, operation, maintenance and
servicing of landscaping, planting, shrub
bery, trees, turf, irrigation systems, entry
monuments, ha&capes, walls, site light-
ing, playground equipment and public
restrooms.
b Three separate Landscape Maintenance Districts for the City of Escondido:
n Maintenance District 1, Reidy Creek,
for an irrigation system as well as
aquatic, riparian and upland land- scaping.
n Parkwood Landscape Maintenance
District for various subdivided tracts.
n Ranch0 Verde Landscape Mainte-
nance District for entry way to resi- dential subdivision.
b City of Corona Landscaping/Street Light-
ing Maintenance District Nos. 84-1 and 84-2.
Financial Plans and
Developer Fee Programs
b South Corona Facilities Plan, Developer Fee Program and formation of two com-
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),
landscaping, Community Facilities Plan (CFP) reimbursement and administration
fees.
b 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 proposed toll road on
the community and assistance in identify- ing possible financing methods.
b Financing plans for water and sewerage facilities for the Mission Springs Water
District (Distrkt Engineer, 7969 to Pre-
sent), the most recent of which was for
the Olympus Golf Club (December
1993), and the formation and imple-
mentation of seven separate assessment district, three of which were financed
through federal and state grant/loan pro- grams.
b 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 ser-
vices.
b 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.
3 RESUME a7 i..
PETERSON
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
1,460 acres of land for residential, com- mercial and light-industrial use, and the
formation and implementation of Assess- ment 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 consultant
services (CFD 93-3) for Foothill Market
Place, a new commercial development
for the construction of $5tO million of street, water, sewer, storm drain and
landscaping improvements for the City of
Ranch0 Cucamonga.
Financing plan and assessment engineering services for the Rancheros
Road commercial development (AD l- 1985) for the City of San Marcos.
Financing plan and assessment engineering services for the Railroad
Street industrial development project (AD 88-l) for the City of Corona.
Bridge and Thoroughfare Districts
b City of Carlsbad , Bridge and Thoroughfare District No. 1 within a
majority area of the City.
b City of Carlsbad, Bridge and
Thoroughfare District No. 2 for
construction of Aviara Parkway and Poinsettia Lane.
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 1996-97 were completed for the
following clients:
b
b
b
b
b
b
b
b
b
b
b
b
b
BearValleyCommunity HealthcareDistrict.
Carlsbad Unified School District
City of Corona
City of Penis
City of San Marcos
Elsinore Valley Municipal Water District
Elsinore Water District
Mission Springs Water District
Rainbow Municipal Water District Ramona Municipal Water District
Ranch0 Santa Fe Comm. Services Dist.
San Dieguito Union High School District
Santa Rosa Community Services District
4 RESUME a8
PART 4
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)
ASSESSMENT DIAGRAM
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-l a9 i
ASSESSMENT DIAGRAM
OF
ASSESSMENT DISTRICT NO. 95-l I (CARLSBAD RbwcH) CITY OF CARISBAD
COUNTY DF BAN DIEOO, STATE OF CAUFORNM
k
LEGEND
- , , . , , m ASSESSMENT DISTRICT BOUNDARY
PARCEL LINE
I I I 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 f
SEE SHEET 2 $,, ,, JiJ& %5?!!L I’
11
I RmWMwnccwMawamNwMmw--Yw .Ksd
CnYaarw Maww-
-*M-wM -w-wlncalYa-nm4Yw . Ih.
YI~WA¶LMDBYMCllY-ffMWWW- WULEVCDalM~YW aa M~@w$&url m wez WI llu -DyQuLtyD- wwmmwllawmcwYK-of NRmsffyIDmYw .lh. YD - -o?lnK-Yw (se-. -~ylDLYonK~mL- NllaomcLWM -WSKENS~llEUMY-Wr*cn- IN&-rrclcPUmWu)(D~#,,WuIIpM-.
ASSESSMENT DIAGRAM
OF
ASSESSMENT DISTRICT NO. 95-i
(CARLSBAD RANCH)
CITY OF CARLSEAD
COUNTY OF SAN DIEDO. !3TATE OF CALIFORNIA
;e I
1’ . 4w
ENGINEER’S REPORT
PART 5
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-I
(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 None 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 32
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. 86-1
(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 33
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)
V) 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 5-4 35
.
ENGINEER’S REPORT
PART 6
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 95-1
(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