HomeMy WebLinkAbout1998-06-23; City Council; 14741; RANCHO CARILLO ASSESSMENT DISTRICT - 96-1 APPROVAL OF THE RESOLUTION OF INTENTION TO FORM AN ASSESSMENT DISTRICT, AND RELATED ACTIONS0 LM g
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&7- 73 r' )CITY OF CARLSBAD - AGENLA * BILL
AB# )% ?y/ TITLE: DEPT. HD.
MTG. 6/23/98 APPROVAL OF THE RESOLUTION OF INTENTION TO CITYATTYC FORM AN ASSESSMENT DISTRICT, AND RELATED -
DEPT. FIN ACTIONS CITY MGR 6
RANCHO CARRILLO ASSESSMENT DISTRICT - 96-1
RECOMMENDED ACTION:
Adopt Resolution No. s8 -20' adopting a map showing the proposed bounda
special Assessment District and making appointments.
Adopt Resolution No.@8 -ar t) declaring intention to order the acquisition o
improvements in a proposed Assessment District; declaring the improvements
special benefit; describing the district to be assessed to pay the costs and (
thereof; and providing for the issuance of bonds.
Adopt Resolution No.98-9'' passing on the report of the assessment engineer,
public hearing and ordering the initiation of assessment ballot procedures.
Adopt Resolution No. 48 ~8 IaTevising city Council Policy Statement 33.
ITEM EXPLANATION:
In April 1993, City Council approved proceeding with the formation of a financins to fund the construction of certain public improvements necessary to serve tt-
Ranch area. In November 1996, Council accepted a petition from the Ranch developers to form a 191 3 Act assessment district and approved an acquisition a which allowed Continental Ranch, Inc. (the property owner) to proceed
construction of public facilities included within the financing district. Under the a! the property owner must construct the improvements to the City's standards, an
will acquire qualifying improvements subject to the approval of the City Engineer bonds for the District are issued.
The purpose of the assessment district is to spread the cost of the public impr
fairly among the property owners who will benefit from the improvements. Tht
participated in similar financing programs for Alga Road, Palomar Airport Roac
Blvd. and improvements in the Carlsbad Ranch area. Since those meetings, C
Ranch, Inc. and City staff have worked to create a district financing plan that con
City Council Policy Statement 33 (Assessment Districts), and the general directio
the Council.
THE PROPOSED DISTRICT
The boundaries of the proposed district generally consist of the area of the Ranc
Master Plan, including the Leo Carrillo Park site. The improvements to be pi assessment district include:
Melrose Drive, from Palomar Airport Road to Alga Road. Six lanes (2 are (
general benefit and will be paid by the developer).
Palomar Airport Road, 1000 feet east and 700 feet west of the Melrose interse
Utility backbone systems
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PAGE 2 OF AGENDn el ILL NO. / 4.7 q / a
e Riparian mitigation
Relocation of the Vallecitos Water District sewer mains
0 Incidental design and administration
All work is subject to review and approval by the City Engineer and City Council.
estimated costs for the improvements as shown in the attached preliminary e
report is $23.3 million. The developer will pay for the costs related to the gener,
portions of the road and for the special benefit attributed to the school site and Le
park totaling about $759,500.
Value to Lien Concerns:
installation of the improvements to be financed. A project may be approved wii
between 4:1 and a minimum of 3:l if the ratio is recommended by both bond coc
the underwriter and if the City Council finds the reduced ratio to be within pa
acceptable to them. In addition, there should be no overlapping bond assessmei liens unless the combined assessments are within the property value ratios nott
and approved by the City Council, upon the advise of bond counsel.
Based on the guidance provided by Policy 33, the following limits are being placc
District. These guidelines have been developed upon the advice of the bond COL
the underwriter.
1. The amount of bonds to be issued will be limited to an amount which would .
3:l value to lien on the total project. In addition, a certain amount of bond proceec
escrowed (set aside in a trust fund) which will bring the value to lien ratio down to a
villaae bv villaae basis. The escrowed bond proceeds will be released to the d
when sufficient value has been demonstrated to the City’s satisfaction.
AGcording to Policy 33, the project property value to lien ratio should be 4:l
2, A further restriction on the issuance of bonds will be that the estimated avc
burden for any single family home in the District should not be expected to exceec
the estimated purchase price. This may further restrict the size of the bond issue.
3. One other agreement that the developer will be asked to execute if Council
is a prepayment agreement. Currently, the assessor‘s parcels on the property do r
the Villages as proposed by the developer. As final maps are processed, the para
subdivided to eventually yield the units as shown on the developer’s schedule. Ir:
avoid the possibility of the yields being less than proposed by the developer;
creating a lien on a property in excess of that of other similar properties in the
prepayment agreement is being developed.
The prepayment agreement will state that prior to the approval of a final map, a prl
assessment spread will be performed. If the preliminary assessment spread sh
engineer’s report, the excess must be paid by the developer into the Distric
document will be available for Council review prior to the public hearing date.
assessment exceeding more than 103% of the maximum assessment as shoi
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PAGE 3 OF AGENJL NO. I 4; 7 Y 1 0
Pass through Agreement :
Continental Ranch, Inc. has requested to be allowed to pass-through the assessm
prospective purchasers of the individual lots. As required under Policy 33, a pas
authorization agreement is being drawn up which is substantially the same as the
by the Alga Road assessment district. This document will be available for Coun
prior to the public hearing date.
As required by Policy 33, the City's Staff Committee has reviewed this Assessme
and finds that it complies with the terms and conditions of the Council's policy.
Requested Actions
The actions being taken by the Council at this time will accomplish the following ta$
are required as part of the district formation process:
1) Approval of the boundary map describing the area and parcels to be ass1
the subject improvements and appointing the consultants needed to con-
District .
Ordering the acquisition of the public improvements, and declaring the worl
special benefit, describing the area to be assessed, and providing for th
bonds to pay for the improvements.
Approving the Engineer's Report which describes the costs to be assessed
method of assessment to be used by the district, and setting the date for th6
public hearing.
2)
3)
4) Amend Council Policy Statement No. 33.
All of the above actions are required under state law to be part of the process of foi
district, issuing bonds, and levying assessments.
CHANGES TO CITY COUNCIL POLICY STATEMENT 33
Due to the adoption of Proposition 218 and new titles for certain City staff, sor
changes are being recommended to City Council Policy Statement 33. These are
Exhibit 4. Proposition 21 8 requires that assessment districts only assess specia
to property owners. General benefits cannot be included in the assessment dist
Council Policy Statement 33 has been revised to make it clear that while there s
mutual benefit to the City as well as to the property owners, the improvements do 1
special benefit to the property owners.
FISCAL IMPACT:
The Rancho Carrillo Assessment District will fund improvements and related cost
approximately $23.3 million. This estimate includes debt issuance costs
establishment of a 10% debt service reserve fund. The City will receive reimbursc
certain administrative costs related to the formation of the Assessment District as 1
cover ongoing costs. The City is not responsible for the funding of any of the imprc
included within the district. The calendar calls for bonds to be sold in September I!
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PAGE 4 OF AGENDA @ ILL NO. / 7, 7 y/ 0
EXH l8lTSi
1. Location Map.
2. City of Carlsbad, Assessment District No. 96-1
Engineer’s Report, March 2, 1998.
City Council Policy Statement 33 - Marked to show changes.
Resolution No. 98 -do?adopting a map showing the proposed boundaries (
a special Assessment District and making appointments.
Resolution No.%/J I D declaring intention to order the acquisition c
improvements in a proposed Assessment District; declaring the improvemc
of special benefit; describing the district to be assessed to pay the c
expenses thereof; and providing for the issuance of bonds.
Resolution NO.%~C?-II passing on the report of the assessment enginec
preliminary approval, and setting a time and place for a public hearing and
the initiation of assessment district ballot procedures.
Resolution No.% e %/& adopting a revised City Council Policy Stateme
(Rancho Carrillo) PI
3.
4.
5.
6.
7.
Assessment District Financing of Public Improvements.
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PROJECT NAME
ASSESSMENT DISJRICJ 06-1 D?AN@HO CARRILLO) E
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EXHIBIT 4 e
RESOLUTION NO. 98-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED
BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT AND MAKING
APPOINTMENTS
WHEREAS, the CITY COUNCIL of the CITY OF Carisbad, 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 Streek-
and Highways Code of the State of California; said assessment district known and
designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (the
"Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: A map showing the boundaries of the proposed Assessment
District and lands and property to be assessed to pay the costs and expenses of the
proposed acquisition of certain public improvements designated as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)" is
hereby submitted, and the same is hereby approved and adopted.
SECTION 3: The original map of the boundaries of the proposed Assessment
District and one copy thereof is to be filed in the Ofice 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 (1 5) days after the adoption of the Resolution fixing the
time and place of hearing on the formation or extent of the Assessment District, a copy (
such map shall be filed with the correct and proper endorsements thereon with the
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County Recorder, all in the manner and form provided in Section 31 11 of the Streets ai
Highways Code of the State of California.
SECTION 5: The City Engineer is hereby appointed to perform all of the dutie
and functions of the Superintendent of Streets as said duties are specified and
designated in the "Municipal Improvement Act of 191 3", being Division 12 of the Street
and Highways Code of the State of California, for the above-referenced Assessment
District.
SECTION 6: The place for recordation of the assessment roll and diagram sh
be in the Office of the Superintendent of Streets, and said assessment roll and diagran
upon recordation, shall be kept as a permanent record.
SECTION 7: The North County Times is hereby designated as the newspape
for all publications as required by law and as necessary for completion of this
Assessment District.
SECTION 8: The firm of Berryman & Henigar 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 9: The law firm of Brown Diven Hessell & Brewer LLP is hereby
appointed to act as Bond Counsel for the purposes of preparing proceedings and issui
an approving opinion attesting to the validity of the proceedings and the enforceability
the bonds.
SECTION IO: The law firm of Jones Hall is hereby appointed to act as Disclos
Counsel for the purposes of preparing an official statement for the sale of the bonds.
SECTION 1 1 : That Kadie-Jensen Johnson & Bodnar is hereby appointed as tt
Financial Advisor to the City for the purposes of preparing proceedings and issuance
and sale of the bonds.
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SECTION 12: That Stone & Youngberg LLC is hereby appointed as the
Underwriter with respect to the sale and delivery of the bonds.
SECTION 13: That this legislative body hereby establishes a special
Improvement Fund designated by the name and number of the Assessment District, ai
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 speck
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 1021 0 of the Streets and
Highways Code of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc
of the City of Carlsbad, held on the 23rd day of
following vote:
June , 1998, by the
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchiri
ABSTAl N : None
ATTEST:
AL&iUTENKwNz, city Clerd P I?-
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EXHIBIT 5 0 0
RESOLUTION NO. 98-210
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION
OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT
DISTRICT, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL
BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THECOSTSAND EXPENSESTHEREOF,ANDPROVlDlNG FORTHE
ISSUANCE OF BONDS
Be it Resolved by the City Council of the City of Carlsbad (the "City") as follows
SECTION 1. The public interest and convenience require, and it is the intentic
of this body, pursuant to the provisions of Division 12 of the Streets and Highways Cod
of the State of California (the "Municipal Improvement Act 191 3") (the "Improvement
Act"), to order the acquisition of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment district known and
designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafte,
referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS TO BE ACQUIRED
A. The public improvements to be acquired are generally described as
follows: roadway improvements to Melrose Drive from its existing north(
termination north of Alga Road to Palomar Airport Road, improvements
Palomar Airport Road approximately 1000 feet east and 700 feet west c
the Melrose Drive intersection, sewer mains, water mains and reclaimec
water mains and pressure reducing station along the roadway
improvements, riparian mitigation for the roadway improvements,
relocation of sewer mains and grading for expansion of Poinsettia Lane
together with appurtenances and appurtenant work, all being necessaq
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for and to specially benefit properties within the boundaries of the
Assessment District.
All rights-of-way and easements required for the improvements shall be
shown upon the plans referred to herein and to be filed with these
proceedings.
All of the improvements to be acquired are to be installed at the places
and in the particular locations, and to the sizes, dimensions and materii
to the lines, grades and elevations as shown and delineated upon the
plans, profiles and specifications, all to be made a part of the Assessmc
Engineer's Report.
The description of the improvements contained in this Resolution is
general in nature, and the plans and profiles of the work as contained ir
the Assessment Engineer's Report shall be controlling as to the correct
and detailed description thereof.
DESCRIPTION OF ASSESSMENT DISTRICT
B.
C.
D.
SECTION 2. The improvements are of special benefit to the properties and I:
within the Assessment District, and this legislative body hereby makes the
expenses of the acquisition of such improvements chargeable upon the
Assessment District, which is described as follows: All of that certain territory ir
the proposed Assessment District included within the exterior boundary lines
shown on the map exhibiting the property specially benefitted and proposed to
assessed to pay the costs and expenses of the acquisition of the work and
improvements described above, such map entitled "PROPOSED BOUNDARIE
ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)", and which map
was previously approved by this legislative body and is on file with the transcr
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of these proceedings. For all particulars as to the boundaries of the Assessme
District, reference is hereby made to such boundary map.
REPORT OF THE ASSESSMENT ENGINEER
SECTION 5. The proposed improvements are hereby referred to Berryman &
Henigar (the “Assessment Engineer”), who is hereby directed to make and file a repori
as required by the Improvement Act, Article XlllD of the Constitution of the State of
California and the Omnibus Proposition 21 8 Implementation Act (Government Code
Section 53750) (collectively, the “Assessment Law”), such report to be in writing and
contain the following:
A.
B.
Plans and specifications of the improvements proposed to be acquired;
An estimate of the cost of the acquisition of the improvements proposec
be acquired, including the cost of the incidental expenses, in connectior
therewith;
A diagram showing the Assessment District, which shall also show the
boundaries and dimensions of the respective subdivisions of land withir
such Assessment District, as the same existed at the time of the passa!
of this Resolution of Intention, each of which subdivisions shall be giver
separate number upon such diagram;
The proposed assessment of the assessable costs and expenses of thc
acquisition of the proposed improvements upon the several divisions of
land in the Assessment District in proportion to the estimated special
benefits to be received by such subdivisions, respectively, from such
improvements. Such assessment shall refer to such subdivisions upon
such diagram by the respective numbers thereof;
The description of the improvements proposed to be acquired under
these proceedings.
C.
D.
E.
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When any portion or percentage of the assessable costs and expenses of the
acquisition of the improvements is to be paid from sources other than assessments, th
amount of such portion or percentage shall first be deducted from the total estimated
costs and expenses of such acquisition, and such assessment shall include only the
remainder of the estimated costs and expenses. Such assessment shall refer to such
subdivisions by their respective numbers as assigned pursuant to item D of this Sectio
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
Improvement Bond Act of 191 5 (Streets and Highways Code Section 8500 and
following), which bonds shall be issued for a term not to exceed the legal maximum ter
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 I I .I of SUI
Act, providing an alternative procedure for the advance payment of assessments and i
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, an
the amount of principal maturing in each year, plus the amount of interest payable in tt
year, will be generally an aggregate amount that is equal each year, except for the firs
year's adjustment.
Pursuant to the provisions of the Improvement Act and specifically Streets and
Highways Code Section 10603, the Treasurer is hereby designated as the officer to
collect and receive the assessments during the cash collection period.
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IMPROVEMENT ACT
SECJJON 5, Except a5 may otherwise be provided for in the issuance of the
bonds described above, all of such improvements shall be acquired pursuant to the
provisions of the Improvement Act.
SURPLUS FUNDS
SECTION 6. 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:
A. Transfer to the general fund; provided that the amount of any such
transfer shall not exceed the lesser of One Thousand Dollars ($1 ,OOO,O(
or five percent (5%) of the total from the Improvement Fund;
B, As a credit upon the assessment and any supplemental assessment;
C.
D. To call bonds.
For the maintenance of the improvements; or
IMPROVEMENT FUND
SECTION 7. The legislative body hereby establishes a special improveme
fund identified and designated by the name of this Assessment District, and into such
Fund monies may be transferred at any time to expedite the acquisition of .the authorizi
improvements, and any such advancement of funds is a loan and shall be repaid out o
the proceeds of the sale of bonds as authorized by law.
GRADES
SECTION 8. 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 herein contemplated shall be done to the grades as indicatt
on the plans and specifications, to which reference is made for a description of the gra
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at which the work is to be done. Any objections or protests to the proposed grade sha
be made at the public hearing to be conducted under these proceedings.
PROCEEDINGS INQUIRIES
SECTION 9. For any and all information relating to these proceedings, includ
information relating to protest procedure, your attention is directed to the person
designated below:
LISA HILDABRAND, DIRECTOR OF FINANCE
FINANCE DEPARTMENT
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008
(760) 434-2867
PUBLIC PROPERTY
SECTION IO. All public property shall be subject to assessment in these
proceedings unless otherwise expressly provided and listed herein.
ACQUISITION
SECTION 11. The public interest, convenience and necessity requires that
certain land, rights-of-way or easements be obtained in order to allow the works of
improvement as proposed for this Assessment District to be accomplished. The
Assessment Engineer's Report, upon adoption, shall provide certification that the land,
rights-of-way or easements have been acquired or will be acquired as part of the
acquisition of the improvements,
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 ii
the bond redemption fund. This determination is made pursuant to the authority of
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Section 8769(b) of the Streets and Highways Code of the State of California, and such
determination shall further be set forth in the text of the bonds issued pursuant to the
"Improvement Bond Act of 191 5".
WORK ON PRIVATE PROPERTY
SECTION 13. It is hereby further determined to be in the best public interest ai
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 wori
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 14. It is hereby declared that this legislative body proposes to levy a
annual assessment pursuant to Section 10204 of the Streets and Highways Code of tt
State of California, such annual assessment to pay costs incurred by the City and not
otherwise reimbursed which result from the administration and collection of assessmei
or from the administration or registration of any associated bonds and their related fun
UTILITY IMPROVEMENTS
SECTION 15. Pursuant to Section 101 10 of the Streets and Highways Code o
the State of California, it is also the intention of this legislative body with respect to the
improvements to be owned managed or controlled by any other public agency, regula1
public utility, or mutual water company, to enter into an agreement with the Vallecitos
Water District or other public utility company or public agency with respect to
improvements to be acquired prior to ordering the acquisition of improvements.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad, held on the 23rd day of , 1998, by the followin!
vote:
June
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
ATTEST:
J3
AL&M<EN~*~C-
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EXHIBIT 6 0 m
RESOLUTION NO. 98-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PASSING ON THE REPORT OF
THE ASSESSMENT ENGINEER, GIVING PRELIMINARY
APPROVAL, AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING AND ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has instituted proceedings for the acquisition of certain public
improvements and appurtenances under provisions of the "Municipal
Improvement Act of 191 3" (the "Improvement Act"), being Division 12 of the
Streets and Highways Code of the State of California (commencing with
Section IOOOO), in a speciai assessment district known and designated as
ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter
referred to as the "Assessment District"; and,
WHEREAS, there has been prepared and filed with the legislative bod!
a Report of the Assessment Engineer (the "Report") as provided for in and
required by Sections 10203 and 10204 of the Streets and Highways Code,
Article XIllD of the Constitution of the State of California ("Article XlllD1') and t
Proposition 21 8 Omnibus Implementation Act (Government Code Section
53750 and following) (the "Implementation Act") (the Improvement Act, Article
XlllD and the Implementation Act are referred to herein collectively as the
"Assessment Law") and the Report has been presented to this legislative bod
for its consideration;
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WHEREAS, a Resolution of Intention for the acquisition of the subject
improvements was previously adopted by the legislative body; and the Repor
as now presented shall stand as the Report for the purpose of subsequent
proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: The Report of the Assessment Engineer referred to
hereinabove is adopted, passed upon, and preliminarily approved, as follows:
That the plans and specifications for the improvements proposc
to be acquired, as contained in the Report, are hereby
preliminarily approved and adopted;
That the Engineer's estimate of the itemized and total costs anc
expenses of the acquisition of the improvements and of the
incidental expenses in connection therewith contained in the
Report, and each of them are hereby preliminarily approved an
adopted;
That the diagram showing the Assessment District referred to
and described in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivisions of la
within said Assessment District, as the same existed at the tim
of the passage of said Resolution of Intention, each of which
subdivisions have been given a separate number upon said
diagram, as contained in the Report, is hereby preliminarily
approved and adopted;
A.
B.
C.
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D. That the proposed assessment upon the several subdivisions c
land in the Assessment District, in proportion to the estimated
special benefits to be received by such subdivisions,
respectively, from the improvements to be acquired, and of the
incidental expenses thereof, as contained in the Report, are
hereby preliminarily approved and adopted;
That the descriptions of the improvements to be acquired
contained in the Report are hereby preliminarily approved.
E.
SECTION 3: The Report shall stand as the Assessment Engineer's
Report for the purpose of all subsequent proceedings had pursuant to the
Resolution of Intention.
SECTION 4: NOTICE IS HEREBY GIVEN THAT THE CITY COUNC
OF THE CITY OF CARLSBAD WILL HOLD A PUBLIC HEARING ON THE
ASSESSMENT DISTRICT AND THE PROPOSED ASSESSMENTS AT ITS
REGULAR MEETING PLACE, BEING THE COUNCIL CHAMBERS AT 1200
CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA, ON SEPTEMBEF
1,1998 AT 6:OO PM.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW,
EACHRECORDOWNEROFPROPERTYPROPOSEDTOBEASSESSED
HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF C
IN OPPOSITION TO THE PROPOSED ASSESSMENT.
ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD
OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT
DISTRICT AND SUBJECT TO A PROPOSED ASSESSMENT. EACH SUCl
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OWNER MAY COMPLETE SUCH BALLOT AND THEREBY INDICATE THE
SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT.
ALL SUCH BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE
FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOS
OF THE PUBLIC HEARING:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE
SUFFICIENT.
AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY
COUNCIL SHALL CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIV
TO BE TABULATED. IF A MAJORITY PROTEST EXISTS, THE CITY
COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE
ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF, UPON THf
CONCLUSION OF THE PUBLIC HEARING, ASSESSMENT BALLOTS
SUBMITTED IN OPPOSITION TO THE ASSESSMENTS WITHIN THE
ASSESSMENT DISTRICT EXCEED THE BALLOTS SUBMITTED IN FAVOF
OF SUCH ASSESSMENTS. IN TABULATING THE BALLOTS, THE BALL0
SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIA
OBLIGATION OF THE AFFECTED PROPERTY.
SECTION 5. The City Clerk is hereby directed to mail notice of the
Public Hearings and the adoption of the Resolution of Intention and of the filin
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of the Report, together with the assessment ballot materials, to the record
owners of all real property proposed to be assessed.
SECTION 6: The City Clerk is hereby further directed to file a copy o
the proposed boundary map in the Office of the County Recorder within fiftet
(15) days of the adoption of the proposed boundary map; said boundary mal
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 C
Council of the City of Carlsbad, held on the 23rd day of
1998, by the following vote:
June
AYES:
NOES: None
Council Members Lewis, Finnila, Nygaard and Hall
ABSENT: Council Member Kulchin
ABSTAIN: None
ATTEST:
ALETHA L. RAUTEN
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RESOLUTION NO. 98-212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING REVSIONS TO CITY
COUNCIL POLICY STATEMENT NO. 33
WHEREAS, Proposition 21 8 was approved by the voters in 1996 and changec
of the regulations regarding the use and methods by which assessment district financi
be used; and
WHEREAS, the City Council of the City of Carlsbad had previously ado
Council Policy governing the use of assessment district financing of public improve
and
WHEREAS, the City has adopted new titles for certain City staff since tt
revision of City Council Policy Statement 33 was approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cai
California, as follows:
1. That the above recitations are true and correct.
2. That the revised City Council Policy 33 as shown in Exhibit I is hereby adop
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
, 1998 by the following vote, to w Council held on the 23rd day of June
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulc
ATTEST:
(SEAL)
,f z 5
-.-..L...Y A c
Pag CITY OF CARLSBAD
Policy No. 33
Date Issued 6/2
Effective Date J
General Subject: Assessment District Financing Cancellation Da
of Public Improvements Supersedes No.
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and D
Employee Bulletin Boards, Press, File
COUNCIL POLICY STATEMENT
Specific Subject:
Copies to:
BACKGROUND
In the past few years, the City Council has received several requests from property ow
planned developments to use 19 15 Act Assessment District bond financing for public im
be constructed as a condition of such developments. The City Council has determined tl
financing and 1915 Act bonds should only be used if a mutual benefit to the City ca
addition to the special benefit conferred to the properties within the development.
determined further that such a mutual benefit can be found in the construction of arter
compliment the City's arterial street system by linking communities within the Cit]
assessment district financing for arterial streets may include sewer and water lines wl-
Works Director determines it is necessary that they be located within the street right-of-
may also include other incidental construction such as drainage facilities located with
arterial highway and environmental mitigation required for the improvements.
Council has also determined that it is necessary to establish circumstances under which the
will approve assessment district financing as a guide to those who would seek to request it,
PURPOSE
To establish a policy regarding the requirements which must be met before the City Counci
the financing of public improvements using 19 15 Act assessment district bonds.
To establish a procedure for processing applications for assessment district financing and
committee to apply the requirements of this policy to such applications. The commiL
consider recommending that the City initiate a district.
The policy is primarily intended to apply assessment districts proposed for prope
predominantly undeveloped where the developers in the area propose to use public financ
private financing for appropriate public improvements.
It is not the intent of this policy to relieve any developer of responsibilities for public imF
conditions of development related to the subdividing of property, the processing of tent
parcel maps, or master plan developments.
a
Page
Policy No. 33
Date Issued 712
Effective Date L
General Subject: Assessment District Financing Cancellation Da
of Public Improvements Supersedes No.
Policy for Use of 19 15 Act Bond
City Council, City Manager, City Attorney, Department and Dl
Employee Bulletin Boards, Press, File
CITY OF CARISBAD
COUNCIL POLICY STATEMENT
Specific Subject:
Copies to:
POLICY
1. The City may allow the financing of public improvements under the provisions of this
the public facilities represent, in the City’s opinion, a mutual benefit to the corn
special benefit to the prospective residents of the development.
2. Facilities which may be considered shall be public facilities in dedicated rights-of-wi
and for which a public agency has on-going responsibility to maintain and operate.
facilities to be financed are limited to:
(a) Arterial streets identified on the circulation element of the Carlsbad General Plan.
(b) Sewer and water lines to be located within the right-of-way of arterial streets wh
(c) Drainage facilities and public utilities may be included which are appurtenant and
(d) Environmental mitigation required for the project.
Works Director determines it is necessary that they be so located.
such streets.
3. Project property value to lien ratio should be 4: 1 after the installation of the improvemen
financed. A project may be approved with a ratio between 4: 1 and a minimum of 3: 1 if t
recommended by both bond counsel and the underwriter and if the City Council finds tht
ratio to be within parameters acceptable to them. The value of the property proposed to ‘
shall be determined by an M.A.I. appraisal, performed by an appraiser selected by the Cit
4. Projects shall be at the stage where all criteria of this policy can be adequately assessed.
Developments proposed for inclusion in a district shall have already received environme
and shall have already received all legislative approvals such as zoning, master plans, spe
Local Facilities Management Plans. The City Council may approve a district that include
without legislative approvals if the improvement to be constructed is consistent with the
and if the City Council finds the improvement is required in the public interest.
5. Assessment districts shall have the concurrence of the affected area’s property owner’s re
not less than 60 percent, by area, of the land proposed to be assessed. The petition shall i
acceptance of this policy and a waiver of the property owners’ rights under the Majority 1
The city Council is in no way required to proceed with the formation of an assessment dis
$7
Pagl
CITY OF CARLSBAD
Policy No. 33
Date Issued 7/2
Effective Date 2
General Subject: Assessment District Financing Cancellation Dai
of Public Improvements Supersedes No.
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Di
Employee Bulletin Boards, Press, File
Council finds that the creation of the district or the construction of the improvements wi
best interest of the City.
COUNCIL POLICY STATEMENT
Specific Subject:
Copies to:
6. The City shall select the assessment engineer, bond counsel, required, the financial con.
required, an underwriter. In making such selections the City will take suggestions from
proponents into account. The design engineer in consultation with and subject to approv
Conflict of Interest related to real estate holdings within the district. The design enginee
assessment engineer shall provide a Statement of Conflict of Interest as required under S
87100.1 of the Government Code (see attached).
The bond counsel, underwriter and financial consultant will provide the City with a Statc
7. Bonds issued under this policy may be sold through a competitive or negotiated sale as (
the City Council. The Council will consider recommendations from staff and the City's
consultant in selecting a method of sale.
8. A sum sufficient to pay all fees and costs for the proposed assessment district prior to aw
contract shall be deposited with the City by the proponents of the district. The proponen
be required to deposit with City a sum sufficient to cover all City costs incurred in conne
review of a proposed district including staff review, legal review, administration, plan ch
investigation, City Council review, inspection and property appraisals. These sums will 1
City to the degree used if the district is not successfilly completed or if such costs are not
City from the district. If the district is confirmed any sum not retained by City shall be rt
cash or applied as a credit against the assessments at the option of the proponents.
9. Improvements shall be constructed in accordance with the Municipal Improvement Act
the assessment district bonds shall be issued in accordance with the Improvement Bond 1
unless the City Council determines otherwise.
lO.Generally, there shall be no overlapping bond assessments or tax liens on the proposed SI
assessment district at the time assessments are to be affirmed by the City. The City Cou
advise of bond counsel, may approve an overlap provided the combined assessments are
property value ratios of Paragraph 3 of this policy.
1 1 .The proponents of the district must demonstrate to the satisfaction of the City Council th
financing or other means is available for the developments to be included within the disti
r'
Pagc
CITY OF CARZlSBAD
Policy No. 33
Date Issued 7/28
Effective Date 2
General Subject: Assessment District Financing Cancellation Datc
Supersedes No. -
COUNCIL POLICY STATEMENT
of Public Improvements
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Dil
Employee Bulletin Boards, Press, File
to meet all assessment obligations between the time the district is formed and the pay o
bonds or their assumption by the purchasers of the individual homes within the propose
development. As part of the review, the City Council may also consider any indebtedr
existing against the properties to be assessed. The district proponents must bring all pr
bills current and agree to keep them current prior to confirmation of the district.
Specific Subject:
Copies to:
12. If the City Council determines it is necessary, a financial feasibility study me be requirc
consultant selected by the City to be accomplished at the expense of the proponents of 1
ascertain whether or not the proposed development will find market acceptance. The C
may accept a private sale bond purchase agreement from a qualified underwriting firm
conditions satisfactory to the City in lieu of such a study.
13. As part of the structuring of the financing for the district the City Council shall require t
adequate reserve fund be established to cover any potential defaults. The City is not rec
advance monies to the reserve fund to pay for delinquencies. It is the City’s intent that
Fund not be obligated in any way for future delinquencies.
14. The City Council may require the district proponents to enter into an agreement with thc
individually and jointly responsible for the cost of any foreclosures which the City detei
necessary in regard to the assessment district bonds. The City may, at its option, retain ,
prosecute the foreclosures in a timely manner in the name of the City and the proponent
be responsible for all costs of such foreclosures. If the City Council approves a pass thr
bond to the purchaser of an individual lot, the proponents shall be relieved of their oblii
the agreement for such lot.
15. It is the policy of the City Council in approving basic legislative authorization for devel
as master plans for planned communities, to give such approvals as part of the City’s or
planning process. That is, the City, reserves the right to modifl the approvals in the htu
that the construction of any part of a development does not vest any rights to complete (
of the development. Construction of public improvements pursuant to an assessment di
undeveloped land, shall not vest any rights to the existing legislative approvals for the p
assessed or to any particular level, type or intensity of use. Proponents of a district shal
acknowledgment of this policy as part of their petition and shall expressly waive on thei
on behalf of their successors and assigns any cause of action based on the case of Fw v
determine the public interest may require. Such approvals, when given, are subject to a
qq
pag CITY OF CARLSBAD
Policy No. 33
Date Issued 7/2E
Effective Date 1
General Subject: Assessment District Financing Cancellation Dat
Supersedes No. -
COUNCIL POLICY STATEMENT
of Public Improvements
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Dii
Employee Bulletin Boards, Press, File
Specific Subject:
Copies to:
Sacramento which might be applicable to properties to be assessed.
16. It is the City’s desire that proponents discharge the assessment district bonds applicable
property prior to the individual sale of individual lots. The City Council may approve a
of the bond obligation to a prospective purchaser at their sole discretion. A developer u
secure approval of a pass through must apply to the City in writing, requesting permissi
The letter must contain a plan of how the prospective buyer will be notified and the step
accomplish the pass through. The required procedure shall include, but not be limited tc
following:
a) Provide for full disclosure of this and any other assessment financing applicable to tl
prospective purchasers including principal interest rate, duration and amount
payments.
b) List the amount of the assessment lien in all sales brochures, all advertising and all 1
documents adjacent to the sales price of the property and in the same size type.
c) Give prospective purchaser an option to have the assessment lien discharged prior tc
escrow or to assume the assessment lien by a pass through as a part of the sales prict
house or by a reapportionment of the assessment. (Sample disclosure forms are attac
policy). Once the request is received from the developer, it will be placed on the Cc
agenda for consideration after a complete review of the request by staff and the Poli
Committee.
17. The principal purpose for the City Council’s approval of assessment district financing i:
the links in the City’s circulation system. The City Council in that regard will not favor
district which contemplates the construction of a portion of an arterial street unless it is
logical way to connect with the City’s existing circulation system. The City may requirc
to complete such circulation.
proponents of a district expand the area to be included within a proposed district as may
18. It is the Council’s policy that, in the event that there are surplus hds generated throug
of an assessment district and the sale of bonds, these surplus funds shall be used as follo
(a) To complete any work related to the project that the Council determines is equitable
reasonable as allowed by the 19134915 Act statutes.
(b) The Council may direct staff to use a portion of this surplus to offset assessmenl
owners in following years in a manner consistent with the 191 3/15 Act statutes. Unc
46
Pa
Policy No. 33
Date Issued 7/;
Effective Date - General Subject: Assessment District Financing Cancellation Da
of Public Improvements Supersedes No.
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and DI
Employee Bulletin Boards, Press, File
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Specific Subject:
Copies to:
policy, an amount of up to 5 percent of the total bond issue size not to exceed $1 millio
to offset annual assessments without further Council action.
(c) Unless otherwise directed by Council, any amount in excess of that used to offset i
described in (b) above will be used to call bonds at an appropriate bond call date, as (
staff and the City’s financial advisor.
PROCEDURE:
1. It is the intention of the City Council that proponents of a district have an early oppor
the proposal reviewed by City staff for compliance with this policy. In that regard, the
hereby directs the creation of the Project Review Committee. The Committee shall
City Manager, City Attorney, Cornunity Development Director, Planning Director,
Director, Administrative Services Director (Chairperson), and Finance Director. Th
shall meet on request with proponents of a district to review a project to determine whet
requirements of this policy have been satisfied. Committee review shall take place
presentation of an assessment district project to the City Council. Whenever any SL
presented to the Council it shall be accompanied by a report containing the
recommendations of the Committee made in regard to such project. The Committee mi
proponents to furnish any information necessary to the evaluation of the proposed I
Committee may require all or any part of the deposits provided for in this policy to be I
the commencing their review of the project.
2. Upon review of the proposed assessment district and after considering the report of tht
the City Council shall determine whether or not to approve proceeding with the forn
district. It is the policy of the City Council of the City of Carlsbad to limit projects to tl
forth in this policy. The City Council reserves to itself the authority to approve or di!
proposed improvement district based upon the evidence received at the hearings held
Council. Any exceptions to the criteria of this policy will be approved only upon an ex]
by the City Council that the project is so affected with a public interest that the City shc
providing tax free financing for the improvement in order to satisfy a public need. If the (
approves proceeding with the formation of the district, City staff and the proponents sha
do that in accordance with State Law and the requirements of this policy.
3. Where there are multiple proponents of a proposed district they shall designate a
authorized to act for the proponents in their dealings with the City. The spokesm
responsible for collecting any fees for deposit with the City, providing any necessary inl
the City, and for communicating as necessary back to the proponents.
41
0 r
:
PRELlMlNARY ENGINEER'S REPORT
FOR
ASSESSMENT DISTICT NO. 96-1
(RANCHO CARRILLO)
A CQUlSlTlON DISTRICT
ClTY OF CARLSBAD
SAN DIEGQ COUNTY
CA LlFORNlA
Prepared by:
Berryman & Henigar
77590 West Bernard0 Court, Suite 700
San Diego, CA 92727-7622
JN: 14195.00
May 21,1998
d
0 0
Assessment District No, 96-1
(Rancho Carrillo)
Acquisition District
TABLE OF CONTENTS
SECTION PAC
INTRODUCTION AND CERTIFICATIONS .....................................................................
PART I Plans and Specifications .............................................................................
PART II Cost Estimates ............................................................................................
PART Ill Assessment Roll and Method of Assessment Spread .................................
PART IV Annual Administrative Assessment ............................................................
PART V Diagram of Assessment District .I..I1.I.....I.....................II.....I...................... ;
Description of Facilities ............................................................................... : PART VI
Appendix A- Resolution of Intention (After Adoption)
Appendix B Acquisition Agreement
Appendix C- Environmental Certification
Appendix D- Property Owners List
I- At Adoption of Resolution of Intention
2- At Confirmation of the Assessment District
Appendix E- Acquisition Cost Information (Bound Separately, Approval Pending)
Appendix F- Assessment Engineer’s Qualifications
Appendix G- Exhibit Identifying Rancho Carrillo Master Plan Villages
s:\$project\carlsbad\rancho carnllokngr repts\preeng 5-21 .doc Berryman & Henigi Q
Pa{
City Of Carlsbad - Ass 9 ssment District No. 96-1 (Rancho 9 arrillo)
Preliminary Engineer's Report - May 21, 1998
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 96-1 (Rancho Carrillo)
TO: CITY COUNCIL
ENGINEER'S "REPORT" PURSUANT TO THE
PROVISIONS OF SECTION 10204
OF THE STREETS AND HIGHWAYS CODE
Pursuant to the provisions of Article XlllD of the State Constitution, the "Munici
Improvement Act of 1913", being Division 12 of said Code, City of Carlsbad Policy
and the Resolution of Intention, adopted by the City Council of the City of Carlsb
State of California, in connection with the proceedings for Assessment District No. 9
(Rancho Carrillo), (hereinafter referred to as the "Assessment District"), I, JEFFREY
COOPER P. E., a Registered Professional Engineer and authorized representative
Berryman & Henigar, the duly appointed Engineer of Work, herewith submit
"Report" for the Assessment District, consisting of six (6) parts as stated below.
PART I
This part contains the plans and specifications which describe the general natL
location and extent of the proposed improvements to be acquired. The plans i
specifications are referenced herein and made a part hereof. Said plans i
specifications are on file in the Ofice of the Superintendent of Streets / City Engineer
PART I1
This part contains an estimate of the cost of the improvements, including capitali;
interest, incidental costs and expenses in connection therewith as set forth in Exhibit
and 2 inclusive, attached hereto.
PART 111
This part consists of a proposed assessment of the total amount of the costs :
expenses of the proposed improvements upon the several subdivisions of land wit
the Assessment District, in proportion to the estimated special benefits to be recei\
by such subdivisions from said improvements, as set forth upon the assessment
filed herewith and made a part hereof.
PART IV
This part contains the proposed maximum annual administrative assessment to
levied upon each subdivision or parcel of land within the Assessment District to pay
s:\$pro]ect\carlsbad\rancho carnllo\engr reptsbreeng 5-21 doc c Berryman & Hen&
City Of Carlsbad - Assarnent District No. 96- I (Rancho @rille)
Preliminary Engineer’s Report - May 2 I, 1998 Pa9
costs incurred by the City of Carlsbad, and not otherwise reimbursed, resulting from
administration and collection of assessments or from the administration and registral
of any associated bonds and reserve or other related funds,
PART V
This part contains a map showing the boundaries of the Assessment District, anc
diagram showing the Assessment District, the boundaries and the dimensions of i
subdivisions of land within said Assessment District, as the same existed at the time
the passage of the Resolution of Intention, is filed herewith and made a part hereof, E
a part of the Assessment District Report.
PART VI
This part consist of a detailed description of the improvements to be funded by t
accepted or to be accepted by the City of Carlsbad.
This report is submitted on the 2Ist day of May, 1998.
Assessment District and a right of way certificate certifying the status of the right of N
4 44= JEFFR . COO R P.E.,
R.C.E. No. 31572 (Expires 12/31/2000)
BERRYMAN & HENIGAR
ENGINEER OF WORK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Preliminary approval by the CITY COUNCIL of the CITY OF CARLSBAD, SAN DIEC
COUNTY, CALIFORNIA, on the day of , 1998.
ALETHA L. RAUTENKRANZ, CITY CLERb
CITY OF CARLSBAD
STATE OF CALIFORNIA
Final approval by the CITY COUNCIL of the CITY OF CARLSBAD, SAN DIEC
COUNTY, CALIFORNIA, on the day of , 1998.
ALETHA L. RAUTENKRANZ, CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
\\fozzy\rnR$project\carlsbad\rancho carrillo\engr repts\preeng 5-21 doc Berryman & Henrig; ‘3
e 0 cify Of Carlsbad - Assessment Distrkt No. 96-1 (Rancho Carriiio) Preliminary Engineer's Report - May 21,1998
Part 1
Plans and Specifications
P,
The plans and specifications for the improvements to be constructed and/or acq
generally include grading, roadway, utility relocation, landscape and irrigation, s
drainage facilities, domestic water mains, pressure reducing station, reclaimed 1
System, sewer mains, riparian mitigation, dam repair and other ancillary improvem
for the area described as Assessment District 96-1 (Rancho Carrillo) are refere
herein and incorporated as if attached and a part of this Report. An acquisition rk
has been prepared that analyzes the improvements for purchase eligibility, has I
prepared and is on file with the City.
Said plans include:
I) Melrose Drive Grading, City Plan DWG. 331-1A,
2) Melrose Drive and Palomar Airport Road Street Improvements, City Plan D
3) Detention Embankment and Mitigation Area, City Plan No. 331-1D, preparec
Rick Engineering; and
4) Irrigation and Landscape Plan City Plan DWG. 331-1M, prepared by C
Landscape and Architecture Planning and Glenn Lukos Associates Inc. Said p
were used as the basis for the determination of costs and benefits for
Assessment District.
331-1,
The plans and specifications for the improvements are on file in the office of
Superintendent of Streets / City Engineer. Prior to acquiring the improvements, as-l
drawings shall be reviewed for consistency with the Plans upon which this report
based.
Facility improvement diagrams showing the general location of the improvements tc
constructed and/or acquired by the Assessment District are included in Part \
Description of Works of Improvements of this Report. All improvements to be acqu
shall be constructed in accordance with the standards of the City of Carlsbad, Carls
Municipal Water District, Vallecitos Water District and other agencies as approprial
No improvements may be acquired until they have been accepted by the Citb
Carlsbad or other appropriate agency.
The proposed improvements include:
1. Roadway Improvements. The construction or acquisition of roadways gener
consisting of the grading and paving of streets, installation of driveways, curl:
gutters, sidewalks, medians, parkways, street lights and conduits, signing i
striping, storm drain, detention embankment, damn repairs and riparian mitigai
area necessary due to the impacts caused by the grading for Melrose Dr
s:\$project\mrlsbad\rancho camllo\engr reptsbreeng 5-21 doc f Berryman & Henis
e 0 City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer’s Report - May 21, 7998 I=+
including grading, planting, off-site easement acquisition maintenance
monitoring , landscape and irrigation of medians, parkways, and adjacent SIC
traffic control and utility relocation including relocation of 2,900 feet of 12” an(
Vallecitos Water District sewer force mains impacted by the grading wor’
Melrose Drive, temporary high line piping including grading for future Poin!
Lane which is necessary to relocate the sewer mains, and other appurtenant v
as shown on the plans for Melrose Drive and a portion of Palomar Airport Road.
2. Domestic Water Improvements. The construction and/or acquisition of a t:
bone domestic water distribution system located within Melrose Drive inch
hydrants, pressure reducing station and other appurtenances necessary v
Melrose Drive serving the Assessment District area.
3. Sewer Improvements. The construction and/or acquisition of gravity sev
manholes, and appurtenances in Melrose Drive and within public easemeni
serve the Assessment District area.
4. Reclaimed Water Improvements. The construction and/or acquisition 1
reclaimed water distribution system, and appurtenances for an irrigation sys
within the Melrose Drive medians, parkways, mitigation areas, and adja
roadway slopes in and adjacent to the public streets and public easements.
The above improvements are more specifically described in Part VI of this report.
s:\$project\carlsbad\rancho carnllo\engr reptswreeng 5-21 .doc 7 Berryman & Henis
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Cify Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Reporf - May 21,1998
Part II
Cost Estimates
Pi
The following table provides a summary of costs for constructing and/or acquirin!
works of improvements as identified in the description of improvements describ.
Part VI. The Estimate of Costs includes construction costs, easement acquisition
design and construction administration costs, incidentals expenses, financing cc
developer contributions and the total amount to be assessed.
See Exhibit 1, on the following page.
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e * City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21, 1998 Pa
EXHIBIT 1
SUMMARY OF COSTS
P re1 im inary Confirme
( Developer Requested)
Roadway, Drainage, Landscaping and Reclaimed Water $1 3,248,524
Domestic Water $790,304
Sewer $53,380
Right of Way & Easements $426,300
Subtotal Hard Construction Costs $14,518,508
Design Engineering, Survey and Staking $1,081,393
Soils Engineering $524,453
Landscape Architecture $21,856
Permits/Fees/Bonds $1,205,033
Construction Adm. (2.5%)* $362,963
Construction Contingencies (5%)* $725,925
$3,921,623
Total Construction Costs: $1 8,440,132
Construction Hard and Soft Costs
Riparian Mitigation (included in Roadway Costs) --
Subtotal Design & Const. Admin. Expenses
Formation Expenses
Appraisal Services $40,000
Assessment Engineering $27,000
Construction Acquisition Services $70,000
Special Counsel $50,000
City Administration $1 00,000
Fin an cia I Advisor $20,000 Printing, Advertising, Notices (Est.) $2,500
I ncidental Contingencies $1 6,288
Total Incidental Expenses: $325,788
Bond Financing Costs
Underwriter's Discount 1.75% $394,000
Disclosure Counsel $35,000
Bond Reserve 10.00% $2,252,000
Funded Interest 12 * months 8.00% $1,801,000
Bond Registrar and Paying Agent (Est.) $1 5,000
Bond and Official Statement Printing (Est.) $1 5,000
Total Bond Costs: $4,512,000
Total : $23,277,920
Contribution (Estimate) ($762,919)
$2231 5,000 TOTAL AMOUNT TO ASSESSMENT:
* Subject to Approval
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0 a City Of Carlsbad - Assessmenf District No. 96-1 (Rancho Carrillo)
Preliminary Engineer’s Report - May 21,1998 PE
Exhibit 2
Construction Cost Estimates
The following is a summary of estimated acquisition costs as provided by Continent
Homes and as provided within contract documents presented by Continental Home
These costs are preliminary and subject to approval upon completion of an acquisit
audit. Details of the costs are shown in Acquisition Cost Information (Appendix “E”).
Proposed Improvements Estimated Costs
Melrose Drive and Paiomar Airport Road improvements
Grading $6,730,212
Street Improvements $2,276,074
Drainage $0
Riparian Mitigation
Grading $783,330 cco #I $68,572
Landscape Mitigation $494,044
Relocation of Vallecitos Water District Sewer Mains $1,385,761
Vallecitos Relocation
Landscape and Irrigation Medians $1 19,763
Landscape and Irrigation Parkways $149,467
Reclaimed Water $191,834
$13,248,524
Landscape and Irrigation Slopes and Parkways $1,049,467
Water $790,304
Maintenance $0
Sewer $53,380
Mitigation Easement Acquisition $426,300
Total Construction Costs $14,518,508
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21,1998
Part 111
Assessment Roll and
Method of Assessment Spread
Pagt
On , 1998 the City Council of the City Of Carlsbad, State of Californ
did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 191
being Division 12 of the Streets and Highways Code, of the State of California, Artii
XlllD of the State Constitution, and City of Carlsbad Policy 33, adopt its Resolution
Intention No. 98- , for acquisition of certain public improvements, together u
appurtenances and appurtenant work in connection therewith, in a special assessmt
district known and designated as:
ASSESSMENT DISTRICT NO. 96-1
(RANCHO CARRILLO)
(hereinafter referred to as the "Assessment District"); and
WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer
Work to make and file a "Report", consisting of the following as required by Secti
10204 of the Act:
a. Plans and specifications for the proposed improvements in sufficient detail to shl
or describe the general nature, location and extent of the improvements;
b. A general description of the works of improvements and any property necessary
convenient for the operation of the improvements to be acquired as part of 1
improvement;
c. An estimate of the cost of the improvement and the costs of lands, right-of-w:
easements, and incidental expense in connection with the improvements
d. Assessment Diagram showing the Assessment District exterior boundaries, t
boundaries of any zones within the district and the lines and dimensions of ea
parcel within the district existing at the time of the adoption of the resolution
Intention;
e. A proposed assessment of the costs and expenses of the works of improvemf
levied upon the parcels within the boundaries of the Assessment District
proportion to the estimated special benefits to be received by each subdivision
property; f. The proposed maximum annual assessment to be levied upon each subdivision
parcel of land within the Assessment District to pay the costs incurred by the C
and not otherwise reimbursed resulting from the administration and collection
assessments or from the administration and registration of any associated bon
and reserve or other related funds.
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21, 1998 Pagt
For particulars, reference is made to the Resolution of Intention as previously adoptec
copy of which is included in the Appendix "A of this report.
NOW, THEREFORE, I, JEFFREY M. COOPER the authorized representative
BERRYMAN & HENIGAR, pursuant to Article XlllD of the California Constitution a
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 specially benefited thereby in direct proportion and
relation to the estimated special 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 attached, 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 191 57, to represent all unpaid assessments,
which bonds shall be issued not to exceed the legal maximum term as
authorized by law, THIRTY-NINE (39) YEARS from the 2nd day of
September of the next succeeding twelve (12) months from the date of the
bonds. 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
recommend 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:
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0 0 City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer’s Report - May 21, 1998 Pagt
As Preliminarily AS
Approved Confirmed
Construction and Incidental Costs : $1 8,440,132
Formation Expenses: $325,788
Financing and Bond Costs: $451 2,000
Total District Costs $23,277,920
Less Developer Contribution (1): ($762,919)
Total Assessment: $22,515,000
For particulars as to the individual assessments and their descriptions,
reference is made to Exhibit “A attached hereto.
(1) The Developer contribution covers general benefit not assessed
associated with a portion of Melrose Drive determined to confer general
benefit as discussed in Exhibit A and prepayment or the special benefit
conferred to the school and park parcels.
Summary of Developer Contributions
to Off-Set
General Benefit and Public Parcel Assessment Prepayments
Special Benefit General Benefit iota I Contribution
Received by School
and Park Melrose Drive
$ 466,993 $ 295 , 926 $ 762,919
Benefit Received by
6. The Method and Formula of Spread of Assessment is as set forth in Exhibit
“A’, which is attached hereto, referenced and so incorporated.
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0 a City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report = May 21,1998 Pas(
EXHIBIT 3
ASSESSMENT ROLL
Construction Formation As Final
Assessment Construction Incidental Incidentals & Contribution Preliminary Confirme
Number costs Expenses Bond Costs Amount Assessment and Recorc
I $ 64,280 $ 17,363 $ (81,643) $
2 $ 14,454,228 $ 3,904,260 $4,838,023 $ (681,511) $ 22,515,000
$ 14,518,508 $ 3,921,623 $4,838,023 $ (763,154) $ 22,515,000
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer‘s Report - May 21,1998 Page
EXHIBIT A
METHOD AND FORMULA OF ASSESSMENT SPREAD
Since the improvements are to be funded by the levying of assessments, the “Munici
Improvement Act of I91 3” requires and the statutes provide that assessments must
based on the estimated special benefit that the properties receive from the works
improvement. In addition, Article XlllD of the State Constitution and the “Proposit
21 8 Omnibus Implementation Act” requires that a parcel’s assessment may not exce
the reasonable cost of the proportional special benefit conferred on that parcel. Sect
4 of Article XlllD provides that only special benefits are assessable and the lo
agency levying the assessment must separate the general benefits from the sper
benefits. It also requires that publicly owned property which benefit from .
improvements be assessed. Neither the Act nor the State Constitution specifies .
method or formula that should be used to apportion the costs to properties in i
special assessment district proceedings.
apportionment of the costs to properties which benefit from the improvements rests \~\r
the Assessment Engineer, who is appointed for the purpose of making an analysis
the facts and determining the correct apportionment of the assessment obligation.
order to apportion the assessments to each parcel in direct proportion with the spec
and direct benefit which it will receive from the improvements, an in-depth analysis I-
been completed and is used as the basis for apportioning costs to each property wit1
the Assessment District as explained below.
Based upon an analysis of the special and direct benefit to be received by each par
from the construction of the works of improvement, the Assessment Engint
recommends the apportionment of costs as outlined herein. The final authority a
action rests with the City Council after hearing all testimony and evidence presented
a public hearing, and the tabulation of the assessment ballots previously mailed to
record owners of property within the Assessment District. Upon the conclusion of t
public hearing, the City Council must make the final determination whether or not t
assessment spread has been made in direct proportion to the estimated spec
benefits received by each parcel within the Assessment District. Ballot tabulation \
be finalized at that time and, if a majority of the ballots weighted by assessment amoi
are not opposed to the Assessment District, then the City Council may form 1
Assessment District.
The following sections define and explain the special benefits and general benefits, a
special benefits to each parcel, and confirm that the Assessments are reasonable a
justified .
The responsibility for recommending
set forth the methodology used to apportion the costs of the improvements providi
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21, 1998 Page
The Method of Apportionment
The Assessment District improvements have been assigned into four benr
components; roadway, domestic water, sewer and incidental expenses. Roadh
improvement costs are spread on vehicle trip generation. Water and sewer are spre
on an equivalent dwelling unit basis, and incidental expenses have been prorated
the hard costs.
Because most of the assessor parcel boundaries do not coincide with the planni
Village areas, some initial assessments will be placed in aggregate on multil
assessor parcels until final maps are recorded and the new assessor parcels coinci
with the Village Planning areas.
The procedure of identifying and apportioning special benefit to the land uses a
parcels has been organized as follows:
A. Identification of Benefit Components
A-I Backbone Roadway
A-2 Backbone Water and Sewer
A-3 Incidental Expenses
B. Special Benefits
C. General Benefits
D. Proportioning Special Benefits
D-I Land Use Categories
D-2 Proportioning Roadway Costs
D-3 Proportioning Utility Improvement Costs
D-4 Proportioning Incidental Costs
E. Proclamations
E-I
E-2
E-3 Future Apportionment
Assessments Equal to or Less Than the Proportional special
benefits
Reasonableness and Justification of Assessments
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e 0 City Of Carlsbad - Assessmenf District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 27, 7998 Page
A. Identification of Benefit Components
The improvements to be funded and acquired by the Assessment District are necessi
for development of the Assessment District parcels and are required by the Ranc
Carrillo Master Plan and the conditions of development. Without the improvements, 1
uses.
It is unfeasible and impractical for the parcels to be utilized to their highest and best L
without the backbone roadways and utilities that will be funded by the Assessmt
District.
A-I Backbone Roadway Construction Improvement Components
The foremost purpose of the Assessment District is to provide backbone rc
access so the Assessment District parcels can be developed. The most signific;
and costly improvement is the work associated with the road construction. 7
road construction has created the need to relocate ValleCitOS Water District Sevl
force mains, re-establish riparian habitat areas, and install landscaping and sto
drains to protect the roadway. The road construction has created the need
construct storm drains to protect the roadway and to relocate other facilities a
provide wetland and upland habitat areas that would not have otherwise be
necessary if the road was not constructed. The road and associated costs ha
been placed into one roadway improvement component for the purpose of defini
the roadway costs and apportioning special benefit.
The costs of the back-bone reclaimed water distribution system have been spre
in the same manner as the roadway expenses. The reclaimed water system
provided as a back-up irrigation water system for roadway landscaping, cornrn
areas, and habitat and open space areas.
The roadway improvement component includes: Melrose Drive, Palomar Airp
Road, relocation of utilities, establishment of habitat mitigation areas, a
reclaimed water system to serve the roadway landscaping and habitat areas.
parcels within the Assessment District can not be developed to their planned ultim:
A-2 Backbone Water and Sewer Construction Improvement Components
Coincidental to the roadway improvements, is the necessity to construct certi
backbone utility improvements within the roadway right of way concurrently w
construction of the roadway improvements. These improvements confer
different benefit to the properties than the roadway improvements. Therefc
water and sewer (other than relocated facilities for the roadway costs have bel
separated into a wet utility components for purposes of defining special benef
and allocating costs.
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0 e Civ Of Carlsbad - Assessment District No, 964 (Rancho Carrillo)
Preliminary Engineer's Report - May 27, 1998
A-3 Incidental Expense Components
Page
In addition to the improvement costs, there are incidental construci
administration and Assessment District formation expenses. These costs incL
construction administration, construction supervision, design, testing, survey1
assessment engineering, acquisition audit, financial advisors, bond couns(
underwriting, bond printing, financing cost and establishment of a bond rese
fund. The costs of the formation of the Assessment District, including the bc
costs, have been determined to be eligible for inclusion and is included in
Assessment District incidental costs.
B. SPECIAL BENEFITS
The purpose of this Assessment District is to fund the construction and acquisition
public improvements required to serve the Assessment District Parcels. Special ben
is received by each parcel within the boundaries of the Assessment District from n
roadway access and the availability of utility services that are required and necess
for the properties to develop to their highest and best use.
The improvements to be constructed and/or acquired by the District accommodate
planned development within the Assessment District area. The Rancho Carril
Specific Plan environmental documents, and the Tentative map identify the need
access and utilities and place conditions upon the parcels within the Assessmc
District. The Assessment District Improvements satisfies the conditions of developmc
by providing access and backbone utilities so the project can support its planned USE
Without the improvements, the parcels within the Assessment District could not
developed to their planned and conditionally approved uses.
The special benefit conferred to the parcels within the Assessment District from '
proposed improvements include: increased development potential, relief from accc
constraints, improved accessibility to utilities, fulfillment of development conditions a
ensured investment returns. The benefit to each parcel is such that the parcels will
allowed to gain access to a public street network and have water, sewer and reclaim
water readily available, thereby allowing it to develop to its highest potential.
Special benefit accrues to each parcel to be subdivided and served by the facilities
be constructed. Since some of the areas within the Assessment District have not bE
subdivided into individual lots at this time, the assessments will be placed in aggregi
on one or more assessor parcels and apportionment of the assessments will take plz
as final maps record.
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21,1998 Page
C. GENERAL BENEFITS
Some public improvements will confer general benefit to properties or the public at lar
outside the Assessment District. In making our analysis, a review was conducted oft]
surrounding areas. The review resulted in identifying benefits accrued to propem
outside the Assessment District.
Melrose Drive is designated as an prime arterial roadway. Previously, Melrose Dri
did not exist south of Palomar Airport Road. Six lanes are proposed to be construct€
Four lanes are required to serve the estimated volume of traffic generated by t
Assessment District parcels. Two lanes, (one in each direction, the center or Cith and
lanes) are required for through traffic. The costs associated with the construction al
placement of the asphalt and base for the two (5* & 6" ) lanes has been determined
be a general benefit and will not be assessed to parcels within the Assessment Distric
Based on the estimated roadway construction costs, the cost of the roadway base a
asphalt pavement to provide the two 5" & 6" lanes is approximately $295,926. TI
grading beneath the two 5* & 6' lanes benefit the Assessment District because
provides lateral support to the Assessment District paved lanes. This grading can r
be eliminated from the overall roadway grading without constructing retaining walls tt-
would unreasonable increase the Assessment District cost. Therefore all of the Melro:
Drive grading provides special benefit to the Assessment District Properties.
D. PROPORTIONING SPECIAL BENEFITS
D-1 Land Use Relationships
The following land use categories describe the relative relationships of spec
benefit for different land use categories.
Park Parcels - Active Park areas developed for community recreational purposf
will be assessed by net active acreage. Park areas that are passive have be€
determined not to receive special benefit because they do not require access 1
utilities. Passive areas could have existed without the proposed improvements.
School Parcels - Proposed, active and developed school areas will also t
assessed by net active area acreage.
Open Space - Non-active and undeveloped open space areas do not receil
benefit from the works of improvements and will not be assessed. Open spac
areas are those areas that are deeded or perpetually designated in easements.
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer’s Repott - May 21, 1998 Page
D-2 Proportionate Special Benefit of Roadway Improvements
Trip Generation Factors for Roadway improvements
The use and need of roadway improvements is a function of the number of vehil
trips per day generated by the use of the land served by the streets. Tra
engineers have developed traffic generation factors which are related
development density and type of land use. Therefore, trip generation is
appropriate basis for apportioning roadway improvements and related co
among the specially benefited parcels. Our trip generation factors will be estimai
from the December 1996, Sandag Trip Generation Manual.
Single Family Residential Trip Generation
The Average Daily Trips (ADT) per detached single family dwelling is 10 AD’
The Rancho Carrillo single family dwelling product types are similar to the Sand
study areas.
Multi-Familv Residential Trip Generation
The Average Daily Trips for each attached dwelling unit for multifamily unit is
ADT.
Communitv Facilitv Trip Generation
This use has not been surveyed by Sandag. The Carrillo Ranch Master PI
allows church and institutional uses in this zoning. The Sandag Trip Generati
Manual generation rates ranging from 30-70 ADT for these uses. We recomme
40 ADT per gross acre for the community facility category.
Dav Care Trip Generation
The Average Daily Trips rates for day care use is 80 ADT per 1,000 square fec
as established in the 1996 Sandag Trip Generation Manual.
School Trip Generation
The estimated Average Daily Trips generation for the proposed San Marc
Elementary School is 60 ADT per gross acre, as established in the 1996 Sand,
Trip Generation Manual.
Park Trip Generation
The Average Daily Trips generation for a community park is 20 ADT per grot
acre, as established in the 1996 Sandag Trip Generation Manual.
Proportionate Special Benefit of Utility improvements Construction Costs
The most pertinent and reasonable utility improvement benefit variable is avera!
daily demand. The detached single family home will be the basic equivalence fl
measuring demand to other land use categories.
Berryman & Henig: -7” A> s !$project\carlsbad\ncho camllokngr reptswreeng 5-21 doc
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City Of Carlsbad - Assessment District No. 96-7 (Rancho Carrillo)
Preliminary Engineer's Report - May 27, 1998 Page
Domestic Water and Sewer
Water and sewer demand is proportional to occupancy. The average San Die
County single family detached dwelling has a per dwelling occupancy of 3.5.
multifamily dwelling unit averages 3.0 persons per dwelling unit. Based on t
lower average occupancy per dwelling unit for multifamily land uses, we hz
assigned an equivalent dwelling unit (EDU) weight of 0.85 to multifamily units.
To compare demand for service of non-residential uses to residential, \
compared non-residential water and sewer demand per gross acre, to per I
persons to determine a per gross acre relationship. According to the McGraw-t-
Handbook of Essential Enqineerinq Information and Data; copyright 1991, t
median metropolitan metered water demand is 150 gallons per capita per day
Based on commercial facility uses, schools and active park area historic deman
It has been estimated that the average demand per gross acre of commercial us
is equivalent to approximately five and half single family dwellings. We ha
therefore assigned an equivalent rate of 5.5 EDUs per gross acre for commerc
park areas
uses, And an equivalent rate of 4.0 EDUs per gross acre for schools and acti
Exhibit 4
Summary of Special Benefit Factors
Land Use Category Estimated Average Daily Water & Sewer
Traffic Generation EDUs
Single Family, Detached 10 I DU 1 .O I DU
Multi-Family and Duplex, 8 IDU 0.85 IDU
Attached
Community Facility 40 I AC 5.5 I AC
Day Care 80 I 1,000 SF 5.5 I AC
Recreation Vehicle Storage 10IAC 2.0 I AC
School 35 I AC 4.0 I AC
Park 20 I AC 4.0 I AC
D-4 Proportioning Incidental Costs
The costs to form this Assessment District have been determined to be eligible fi
inclusion in the Assessment District Funding. Incidental and financing costs ha\
been assessed on a pro-rata basis relative to the improvement costs associate
with each parcel.
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City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer’s Reporf - May 21, 1998 Page
E. PROCLAMATIONS
E-I Assessments are equal to or less than the proportional special benefit ea
parcel receives
The special benefit received from the Assessment District improvements excee
the assessment allocated to each parcel. The improvements provided \
increased the value of each parcel by more than the assessment levied upon
To ensure that the assessments will be equal to or less than the proportioi
special benefit conferred, a review was made of similar properties in the offices
COMPS InfoSystems, Inc.. Comparison of recent sales records indicated that I
average price per square foot of raw land increased in an amount greater than 1
costs of the assessments per square foot after backbone roadway and uti
improvements were in place.
E-2 Reasonableness and Justification of Assessments
It is well known and understood, by the development community that put:
infrastructure is required for raw land to develop to its highest and best use. Af
the passage of Proposition 13 and Assembly Bill 1600, developers and investc
realize that they must provide the public infrastructure to support th
developments without burdening existing properties. The Assessment Disti
improvements in Rancho Carrillo are estimated to add 15% or more value to t
each parcel’s overall value. A review of other developments has shown that ti
percentage is consistent with the costs of providing backbone access and utiliti
to raw land in similar developments. Therefore this Assessment levy is reasonal
in relationship to the added value the improvements provide to the parcels.
Special Benefit will accrue to each parcel to be subdivided. Since sor
Assessment District parcels have not yet been subdivided into final lots, t
assessments will be placed in aggregate on one or more assessor parcel:
Apportionment of the assessments will take place from time to time as final ma
record .
It is the City of Carlsbad’s policy that final lots that receive similar special bene
also have similar final assessments. If the future subdivision of any Villa
planning area does not yield the estimated number of dwelling units, the C
reserves the right to require upon application of assessment reapportionment, ti-
a portion of the outstanding assessment be paid by the property own(
Continental Homes, to ensure that the assessments remain consistent within ai
between the planning areas. All reapportionments will be subject to City
Carlsbad policies and procedures.
E-3 Future Apportionment Of Special Benefit
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e 0 City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21,1998 Page
Exhibit 5
Summary of Parcel Data
Trip Water and Adjusted Planned
Equivalent Master
Villages Village Data Acres* (PEDUy Factors Trips Factor ED1
A Multifamily Dwellings 11.5 166 8 / Unit 1,328.0 0.85 / Unit 141
B Multifamily Dwellings 14.4 220 8 / Unit 1,760.0 0.85 / Unit 187.
C Multifamily Dwellings 5.5 114 8 1 Unit 912.0 0.85 /Unit 96.
D Single Family Dwellings 28.0 87 10 I Unit 870.0 1.00 I Unit 87.
E Single Family Dwellings 16.5 95 10 / Unit 950.0 1.00 / Unit 95.
F Single Family Dwellings 12.7 97 IO / Unit 970.0 1.00 / Unit 97.
G Single Family Dwellings 20.0 39 10 / Unit 390.0 1.00 / Unit 39.
H Single Family Dwellings 28.3 72 10 / Unit 720.0 1.00 / Unit 72.
J Single Family Dwellings 27.0 65 10 / Unit 650.0 1 .OO / Unit 65.
K Single Family Dwellings 41.6 95 10 / Unit 950.0 1.00 / Unit 95.
L Multifamily Dwellings 5.1 82 8 / Unit 656.0 0.85 / Unit 69.
M Single Family Dwellings 38.3 67 10 / Unit 670.0 1.00 / Unit 67.
N Multifamily Dwellings 12.9 102 8 / Unit 816.0 0.85 / Unit 86
0 Single Family Dwellings 20.5 49 10 I Unit 490.0 1.00 I Unit 49
P Single Family Dwellings 20.5 56 10 / Unit 560.0 1.00 / Unit 56
Q Single Family Dwellings 73.9 182 10 I Unit 1,820.0 1.00 I Unit 182
R Single Family Dwellings 17.0 45 10 I Unit 450.0 1.00 I Unit 45.
S School 14.0 0 35 /net ac 322.0 4.00 /net ac 36.
T Community Fac. Use 3.4 40 I acre 136.0 5.50 I acre 18. ___ Day Care 2.4 2100 sf 80 11000sf 168.0 5.50 I acre 13.
City Park Park, Active Gross Are 2.5 20 / acre 50.0 4.00 /acre IO.
Plan Gross ~~~lli~~ Units Generation Sewer
* = Quantities obtained from the 'Village Tabulation' of the Rancho Carrillo Master Plan of Villages
To apportion the special benefit appropriately, a 15% reduction has been applied to 1
maximum number of multifamily units. Development plans for the multifamily areas are I
expected to yield the maximum allowable units. This would have unfairly shifted assessmf
burden to the multifamily parcels. See Appendix G for Village locations.
\\fozzy\mtl$project\carlsbad\rancho carrillo\engr reptsbreeng 5-21.doc (revised June 12, -y8) Berryman & Hen&
1.
7; ,.,/ w '.
A
1 I
I i / I
2 '\
\ \
'> \\
I,
q
$0.00
$249,349.55
215-030-09 :::::::::: $0.00
215-031-06 $0.00
221-010-18 $1,355,241.77
22 1 -0 1 2-08 $356,255.97
22 1 -0 1 2-09 $2,274, I 6 1.80
222-01 0-02 $3,746,801.01
222-01 1-05 $2,294,729.1 6
222-01 1-06 $1,537,180.99
222-01 2-09 $1,401,797.66
222-01 2-02 $1,067,691.89
221-012-12 $1,377,278.22
221 -01 2-1 3 $6,854,511.98
Page i
City Of Carlsbad - Assessment e District No. 96-1 (Rancho P arrillo)
Preliminary Engineer's Report - May 21, 7998
FJNDJNGS AND DETERMINATIONS OF ASSESSMENT ENGINEER
The undersigned, acting on behalf of Berryman & Henigar, hereby finds and determit
as follows:
A. The proportionate special benefit derived by each parcels proposed to I
assessed has been determined in relationship to the entirety of the costs of tl
improvements to be funded from the Assessment District proceeds.
B. No assessment is proposed to be imposed on any parcel which exceeds tl
reasonable cost of the proportional special benefit conferred on that parcel.
C. Only special benefits have been assessed.
D. Parcels within the District that are owned or used by any agency, the State
California or the United States and which receive a special benefit from tl
improvements have been assessed accordingly.
In conclusion, it is my opinion that the assessments for the referenced Assessme
District have been spread in direct accordance with the estimated special benefits tt-
each parcel receives from the works of improvement.
Dated: May 21, 1998 Berryman & Henigar
BY:
JEFFREY M. g6& ER P.K.
R.C.E. No. 31572, (Expires 12/31/2000)
ASSESSMENT ENGINEER
CITY OF CARLSBAD
SAN DIEGO COUNTY, STATE OF CALIFORNIA
\\fozzy\mfi$project\carlsbad\rancho carrillo\engr repts\preeng 5-21 .doc -L. $ Berryman & Henig 1
e 0 Cify Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo) Preliminary Engineer's Report - May 21, 1998 Page
I, Aletha L. Rautenkranz, CITY CLERK of the CITY OF CAWLSBAD, CALIFORNIA dc
hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 1998.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, Aletha L. Rautenkranz, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA
hereby certify that the foregoing Assessment, together with the Diagram attact- thereto, was preliminarily approved by the City Council of the CITY OF CARLSBk
CALIFORNIA, on the day of , 1998.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, Aletha L. Rautenkranz, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA
hereby certify that the foregoing Assessment, together with the Diagram attach
C of , 1998.
thereto, was approved and confirmed by the City Council of said City on the
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, Lloyd B. Hubbs, Superintendent of Streets / City Engineer of the CITY (
CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, togetk
with the Diagram attached thereto, was filed in my office on the day of
1998.
SUPERINTENDENT OF STREETS
/CITY ENGINEER
STATE OF CALIFORNIA CITY OF CARLSBAD
s:\$projectbrlsbad\ranctio carrillokngr reptsbreeng 5-21 .doc 3\ Berryman & Henigi
0 0
City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 27, 7998
Part IV
An n ual Adm in istrative Assess men t
Page
A proposed maximum annual administrative assessment shall be levied on each par
of land and subdivision of land within the Assessment District to pay for necessi
resulting from the administration and collection of assessments and/or from t
administration or registration of any bonds and reserve or other related funds. TI
maximum assessment hereinafter set forth is authorized pursuant to the provisions
Section 10204(f) of the Streets and Highways Code, and said maximum assessmc
shall not exceed five percent (5.0%) of the annual assessment per individi
assessment parcel per year.
The annual administrative assessment will be collected in the same manner and in t
same installments as the assessment levied to pay for the cost of the works
improvement .
costs and expenses incurred by the City of Carlsbad, and not otherwise reimburs
s:L$project\carlsbad\rancho carnilokngr reptsbreeng 5-21 .doc ?? Berryman & Henigi
0 a
City Of Carlsbad - Assessment District No. 964 (Rancho Carrillo)
Preliminary Engineer's Report - May 21, 7998
Part V
Diagram of Assessment
Page
Reduced copies of the Boundary Map, initial Assessment Diagram, and fi
Assessment Diagram are shown on the following pages. Full-size copies of ,
Boundary Map, initial Assessment Diagram, and final Assessment Diagram are on
in the Office of the City Clerk, of the City of Carlsbad.
As required by the Act, the Assessment Diagram shows the exterior boundaries of'
Assessment District and the assessment number assigned to each parcel of Is
corresponding to its number as it appears in the Assessment Roll contained in Part I
The Assessor's parcel number is also shown for each parcel as they existed at the ti
of the passage of the Resolution of Intention and reference is hereby made to '
Assessor's Parcel Maps of the County of San Diego for the boundaries and dimensic
of each parcel of land.
s:k§pro)ect\carlsbad\rancho carrillo\engr reptsbreeng 5-21 .doc '3 > Berryman & Hen&
PROPOSED BOUNDARY MAP
ASSESSMENT DISTRICT NO. 96-1
(RANCHO CARRILLO)
CITY OF CARLSBAD
COUNTY OF SAN DIEGO, CALIFORNIA
FILED IN mE omcE OF THE an CLERK OF i CARLSBAO. niis __ DAY OF
FILED niis __ OAY OF we_. *r niE nWR OF o'aocK ,u.
mmom OF niE COUNW OF SAN DIEGO. C.ALIFCWNIA.
LEGEND
IN EDDY PACE OF MAPS OF AsyssUENl DISTRICTS IN THE OmCE of IWE CWNW - District Boundary
Right-of-way Line By: un aERK UlY OF CARLSBAO STAJE OF CALIFORNIA
Assessor Parcel Line By: CWNTY RECORDER ANNETTE EVANS CWNTY OF SAN DIEGO STATE OF CALIFORNIA I HEREBY CERTIFY THAT THE mmiN MAP woi
IN mE un OF CARLSBAD, COUNTY of SAN c
cin OF URLSBAD AT A REGULAR umffi mn
PRWOYD BOONOAWES OF ASSESWENT OISSTRI
CALIFORNIA. WAS APPROKD BY WE UTY CW
ON THE - DAY OF BY lE RESCLUTION NO.
By: UW CLERK CITY OF CARLSBAO STAE OF CALIFORNIA
22i-om-ia
221-012-13
-
222-0l0-0z
I
222-012-09 222-012-02
FOR THE LINES AND OIYEHSIONS OF EACH PARCEL WITHIN THE DISTRICT REFER TO THE 1997 COUNTY OF s, 3'1 , ASSESSOR'S MAPS.
Berryman & Henigar
HB9 Cmdfmtr. lnc - Hsnbrx & ROX I~c
CAffRILLO.OWG I
st ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT No. 96-1
(RANCHO CARRILLO)
CITY OF CARLSBAD
COUNTY OF SAN DIEGO, CALIFORNIA
LED mis - DAY OF FIiEO IN ME OmIX Cf WE UTYNERK Cf ME CITYOF
CARLSBAD. mis - DAY OF 799- ATTHEHWROF OUOCr- INBWK ,PAGE OFY ASWENT DlSlRlCTS I THE WFIE OF THE RECORDER OF THE CWNTY OF SAN DlEGa WI Br
ClW UERK CITY OF CARLSBAD STATE OF CAlJFORNIA BY CWNlY RECORIIER ANNETTE E COUNJY OF SAN OlEGO STATE OF CALIFORNIA AN ASSSAOT WAS LEMEO BY THE UlY COUNCU. OF THE UP/ OF CARLSEAD ON WE LOTS PIECES AN0 PARCELS OF UNO mow ON mls ASWWENT DIACRAU WE A~ESSUENT WAS LEUED w mE - OAY OF , 199- mE AEESWWT OIACRNA AND A-T RCU MERE RE~RD~
!XAYAM$UEDW&iE ~S~s~~N~L~~~I~~~~~~~~
a mIE * IN WE OmE OF ME WPfRINlENOENT Of STREETS FOR ME
BY
CITY UERK
STATE Cf CALIFORNIA N TS CITY OF WIRLSBAD
LEGEND - District Boundary 221-012-13 Right-of-way Line 221-010-16
Assessor Parcel Line
I ASSESSMENT ASSESSOR
NUUBER PARCEL NO
@ 222-011-03
@ 215-030-09
215-031-04 215-031-05
215-031-06
221-010-18
221-072-0a
221-012-09 221-012-12 221-012-13
222-010-02
222-011-05 222-011-06
222-012-02
222-012-09
+
1
222-012-09
FOR THE UNES AND OIYENSIONS OF EACH PARCEL WITHIN THE DlSTRlCl REFER TO THE 1997 COUNN OF 54 ASSESSOR'S YAPS. or 37 Berryman & Henigar Hag cwarllalz 1°C - H.nlprr c nor bC
CARRILLO DWG LP
.. 5m
City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21,1998 Page
Part VI
A. Description of Facilities
Section 101 00 of the Act provides for the legislative body of any municipality to final
certain capital facilities and services within or along its streets or any public way
easement. The following is a list of proposed improvements as allowed under the
to be acquired, installed, maintained, repaired or improved under the provisions of
Act. For the general location of the improvements to be acquired referenced is herc
made to the Plans and Specifications described in Part I of this report and the faci
map at the end of this section.
The proposed improvements include:
1. Melrose Drive Roadway Improvements. The roadway improvements generi
consist of the hard and soft costs required to construct Melrose Drive, from Palor
Airport Road to the existing northern termination of Melrose Drive north of A
Road. Six lanes will be constructed including left turn lanes, medians and shouh
improvements. The costs associated with the construction of Melrose Dr
includes clearing and grubbing demolition, grading, the relocation or reconstruct
of public improvements subgrade preparation, base, asphalt pavement, curbs 2
gutters, sidewalks, concrete medians, street lighting, storm drainage, guard r
traffic control and striping, irrigation and landscaping of medians, parkways E
adjacent slopes, 1
developer is dedicating the necessary roadway easement for all roadm
imp rovemen ts .
2. Palomar Airport Road, Approximately 1000 feet east and 700 feet west oft
Melrose Drive Intersection. The Palomar Airport Road improvements include t
construction of left-turn pockets, acceleration lane, deceleration lane and medi
break. The work of improvements includes clearing, site grading, subgra
preparation, saw cutting, removal of existing pavement, curbs, gutters, medi
island landscaping and hardscape, median stamped concrete, sub-base, asph
pavement, curbs and gutters, medians, street lighting, storm drainage, traffic cont
and striping and signing within the public streets and easements and ott appurtenant works as shown on the plans.
3. Utility Backbone Systems (water, sewer, and reclaimed water). The propos
utility system will include water mains, sewer mains, reclaimed water mail
pressure reducing station. The work to provide these services will include: clearir
grading, trenching, trench shoring, back-fill, saw cutting, removal of existii
pavement, placing pipes(PVC L? DIP) valves, fire hydrants, air release valves, vaul
connections to existing systems, testing, inspection, manholes, asphalt paveme
s \$pro~ect\carlsbad\rancho carnllo\engr reptsbreeng 5-21 doc >a Berryman & Henig,
and other appurtenant works as shown on the plans.
/
0 0
City Of Carlsbad - Assessment District No. 96-7 (Rancho Carrjiio)
Preliminary Engineer’s Reporf - May 27, 7998 Page
replacement, traffic control and other appurtenant works as shown on the pk
within the public streets and easements..
4. Riparian Mitigation. Riparian Mitigation includes the creation of Approximately acres of riparian area, replacing, creating and preserving riparian habitat arc
impacted caused by the grading for Melrose Drive. The work includes grading, stc
drain, dam repair, irrigation, planting, off-site easement acquisition, maintenan
and monitoring. The construction of Melrose Drive and other Assessment Dist
improvements impacted existing wetlands and upland habitat that requi
mitigation. This work consists of permit processing, grading, irrigation a
landscaping, necessary to restore and mitigate the impacts at a new mitigation ai
immediately east of El Fuerte.
5. Relocation of Vallecitos Water District Sewer Mains. Two existing sewer foi
mains, approximately 2,900 feet of 12” and 24” require relocation due to the grad
work for Melrose Drive. The work includes grading within future Poinsettia LE
which is necessary to relocate the mains, trenching, force mains construction, E
temporary high line piping.
6. Incidental Design and Administration. The Incidental Resign and Administrati
consist of, but is not limited to: the acquisition of lands, easements, rights-of-wi
licenses, franchises, and permits; the preliminary and final design engineerii
environmental engineering, legal consultation, construction engineerii
construction inspection, geotechnical engineering, testing and surveying.
s \$project\carlsbad\ncho carnllo\engr reptswreeng 5-21 doc ,.-- 7, Berryman & tfenigi
-4
(RANCHO CARRILLQ)
LEGEND - District Boundary
Assessw Parcel tine ---- - Roadway Improvements
(-4 Riparian Mitigation Area
EXHIBIT 1
Roadway Improvements and Riparian Mitigation Area
cMwIuo.owG LA
'"t- P
FACILITY MAP
(RANCHO CARRILL
lEGEND - District Boundmy
-__- Assessor Pmcel Line - Relocated Vdlecitos Serer Mams - Domestic and Reclokned Water
EXHIBIT 2
Sewer, Water and Reclaimed Water
CARRIUO.DM: W .,- r
2,7
0 City Of Carlsbad - Assessment District No. 96-1 (Rancho Carrillo)
Preliminary Engineer's Report - May 21,1998 Page
B. RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DlEGO
CITY OF CARLSBAD
The undersigned, Lloyd B. Hubbs, hereby CERTIFIES UNDER PENALTY (
PERJURY that the following is all true and correct.
That at all times herein mentioned, the undersigned was, and now is, the authoriz
representative of the duly appointed SUPERINTENDENT OF STREETS/ CI
ENGINEER of the CITY OF CARLSBAD, CALIFORNIA.
That there have now been instituted proceedings under the provisions of Article XlllD
the California Constitution, the "Municipal Improvements Act of 191 3," being Division
of the Streets and Highways Code of the State of California, and the City of Carlsb
Municipal Code, which is Chapter 7 of Division H of Title II of the Code of Ordinances
the City of Carlsbad, State of California, as amended, for the construction of cert;
public improvements in a special assessment district known and designated
ASSESSMENT DISTRICT NO. 96-1 (hereinafter referred to as the "Assessmc
District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
It is acknowledged that the proposed Works of Improvement must be located wit1
public rights-of-way, land, or easements owned by or licensed to the CITY (
CARLSBAD, County of San Diego, State of California, at the time of the acquisition
the Works of Improvement, and the undersigned hereby further certifies that all righ
of-way necessary for the Works of Improvements will be obtained and in possession
the City, County, or State prior to acceptance by the City of Carlsbad.
EXECUTED this day of , 1998, at City of Carlsbad, California.
Superintendent of Streets / City Engineer
City of Carlsbad
State of California
By:
Lloyd B. Hubbs, Superintendent of Streets / City Enginee
s:\$pro~ect\carlsbad\rancho carnllo\engr reptsbreeng 5-21 doc c ,\ Berryman & Henig,
* e
AGREEMENT FOR THE ACQUISITION, CONSTRUCTION AND
FINANCING OF CERTAIN PUBLIC IMPROVEMENTS
(RANCHO CARRILLO)
ASSESSMENT DISTRICT NO. 96-1
THIS AGREEMENT is made and entered into this 9 th day of DECEMBER ,1996, by and
the CITY OF CARLSBAD, a public agency of the State of California (hereinafter referred to a
and CONTINENTAL RANCH, INC. (hereinafter referred to as "Property Owner").
WHEREAS, the City is considering the formation of a special assessment district under the te
conditions of the "Municipal Improvement Act of 191 3", being Division 12 of the Streets and H
Code of the State of California, for the construction of certain public improvements, toget
appurtenances and appurtenant work within the jurisdictional limits of said City, said special ass
district known and designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRIUO) (he
referred to as the "Assessment District"); and,
WHEREAS, Section 66462 of the Government Code of the State of California ("Subdivision M
expressly authorizes financing and completion of public improvements under an appropriate
assessment act, and Section 101 02 of the Streets and Highways Code ("Municipal lmprovemei
191 3") expressly authorizes the acquisition of any improvements authorized to be constmcted unl
WHEREAS, Property Owner, in order to proceed in a timely way with its development, de
construct and has constructed certain public works of improvement that are proposed to be includ
the works of improvement for the Assessment District, namely, the improvements as set fol
described in the attached, referenced and incorporated Exhibit "A"; and,
WHEREAS, the City and Property Owner are in agreement that the determined eligible w
improvement may be included within the Assessment District financing at prices determined by si
to be reasonable; and,
WHEREAS, it is the intent of this Agreement to provide that Property Owner shall, upon a SUC
confirmation of assessment and sale of bonds for the Assessment District, be paid for the wt
improvement which are integral and a part of the Assessment District, at the prices as determined
City Engineer; and,
law: and,
WHEREAS, the properties Within the boundaries of the Assessment District will be assessed c
those portions of the works of improvement that benefit the properties within the boundaries
Assessment District, and this Agreement will only cover those portions of said works of improvt
and,
WHEREAS, in performing under this Agreement, it is mutually understood that Property owner is as an independent contractor and not an agent of the City, and City shall have no responsibil
payment to any contractor, subcontractor or supplier of the Property Owner; and,
WHEREAS, Property Owner shall be the owner of and retain title to all of the works of improvl
constructed pursuant to this Agreement until such time as the City, acting pursuant to the provisic
the "Municipal Improvement Act of 191 3", shall acquire such works of improvement. Upon such tra
such improvements shall become the property of the public agency andor regulated utility authori;
provide the service to the Assessment District; and,
I
Ll>
e 0
WHEREAS, the City has no objection to purchasing the improvements from said Propem Own
Property owner is desirous that the City purchase said improvements, and at this time said improv
are owned by Property Owner; and,
WHEREAS, if the work is not being constructed in a timely manner, the City may, at its option, p
and install authorized facilities pursuant to applicable public contract laws, with payment to be ma(
bond proceeds. Upon exercising this option, the work being constructed shall automatically be 4
from this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The City has no financial obligation to construct the improvements, and all expel
said improvements, including all incidentals thereto, shall be bome by owners of PI
within the Assessment District.
SECTION 3. That said City does intend to proceed with the adoption of a Resolution of Intentic
the formation of a special Assessment District for the improvements above des
however, the City resewes the right to determine the timing of such actions I
subsequent sale of the bonds for those facilities which are eligible for final fundir
That the City agrees to acquire and finance through the use of special assea
proceedings, and Property Owner agrees to convey all completed improvements
City, those improvements being all as set forth in the previously referenced Exhit:
Property Owner agrees to post with the City the required bonds to guarantc
performance of the work and payment of all labor and materials, said bonds to be
amounts as determined by the City.
Property Owner shall be responsible for the maintenance and shall maintaii
improvements in a satisfactory condition prior to any final transfer and acceptancc
NO acquisition money shall be paid for any discrete component comprising a pori
an improvement until such discrete component to be acquired has been inevc
offered for dedication by the Property Owner free and clear of all liens, claim
encumbrances. The final payment for an improvement to be acquired shall not bc
unless such improvement has been irrevocably offered for dedication by the Prc
Owner and accepted by the City Council free and clear of all liens, claims
encumbrances. Property Owner does hereby indemnify the City against all liens, c
or encumbrances relating to any improvement to be acquired hereunder.
The final facilities and actual prices to be paid for said improvements are those th,
City believes to be integral and reasonable and to confer special benefit on prop!
within the Assessment District.
The estimated prices for the improvements and incidental expenses are set forth i
attached, referenced and incorporated Exhibit "B". Final prices shall be based up01
prices and quantities as determined by the City to be reasonable, and no other cost
however, final payment for the work shall not exceed the maximum amoun
construction as set forth in the Engineer's "Report" as confirmed by the City Counl
SECTION 4.
SECTION 5.
SECTION 6.
expenses shall be allowed unless expressly authorized by the legislative body of the
2 7 cl
0 a
Further limitations to the amount of assessment debt shall be the following:
1. The total public lien on any property of all outstanding special assessmi
Mello-Roos special tax obligations will not exceed 113 of the appraised vd
2. The annual installment for any public special assessment and/or Mello-Roc
will not exceed .8% of the estimated purchase price of the property.
The Finance Director of the City will make determinations as to the above pric
final confirmation of the assessment.
SECTION 7. The estimated quantities set forth in the previously referenced Exhibit "r shall be
to reflect the actual quantities of works of improvement actually constructed at F
determined by the City. Any final detemination shall be made by the City a
prices and quantities to be paid.
The Property Owner shall provide all substantiating documentation and certifia
authenticity as requested by the City in the determination of either the quantities
constructed or the prices to be paid for such improvements.
The costs of acquisition shall also include the necessary engineering and
incidental expenses, including, but not limited to, the preparation of plans, specifit
bidding and all related documentation. Said final costs and expenses are
determined upon the completion of the works of improvement and certified by tl
The cost for said works of improvement shall be spread in accordance with the I
received, as determined by the City Engineer in consultation with the Asse
Engineer for the Assessment District.
SECTION 8.
SECTION 9.
SECTION 10. All plans and specifications shall be submitted by the Property Owner,
improvements shall be bid and constructed in full compliance with all applicab
wles and regulations as established and approved by the City Engineer. Property
agrees to keep records and to allow the City to review said records for all bi
contracts let for any of the improvements. City shall have the right to inspect al
of improvement at any time during construction.
SECTION 11. At any time that the work is not progressing within a reasonable time limit as dete
by the City Engineer, the City may provide written notice to the Property Owner.
event that Property Owner does not cause progress to be made on the work
satisfaction of the City within 60 days afterreceipt of such notice, this Agreement
terminated by ten (10) days' written notice. Following termination, upon satisfac
the other provisions of this Agreement relating to payment for improvements or d
components thereof, the Property Owner shall be paid for any component
improvements set forth on Exhibit "C" hereto which it has completed prior
termination. Upon termination, the City may proceed to advertise and bid the bal;
ally imprOVemenk 61 Components thereof that have not been completed by PI Owner, and the City will have no further obligation to pay Property Owner und
Agreement with respect to the improvements or components so bid by the City.
3
cis
0 0
SECTION 12. Upon execution of this Agreement and completion of the improvements, the C
have the right to use said improvements as determined necessary and integra
works of improvement within the Assessment District.
SECTION 13. The acquisition monies, upon the sale of bonds, shall be distributed pursuant tc
instructions executed by the Property Owner herein and any mortgagee or ber
under any mortgage or deed of trust where proceeds of a loan were utilized to i
financing any portion of the improvements. Cash distribution will be rnac
execution of the appropriate written instructions, and in the absence of
instructions, the purchase price for the improvements shall be paid to the Propert)
and any mortgagee or beneficiary of a deed of trust as their interests may
(Streets and Highways Code Section 1031 1 3).
SECTION 14. The City agrees that, prior to the final completion and acceptance of an impra
listed in Exhibit "A", it will make payments to the Property Owner for certain c
components of the improvements as set forth in Exhibit "C" hereto. The paymer
made to the Property Owner with respect to each discrete component listed in Ext
shall be determined in accordance with the procedures set forth in Section 6
Agreement as certified by the City Engineer and shall not exceed the maximum a
set forth in Exhibit "C". A reasonable amount of money due under this Agreemc
to exceed 10% of the cost of the improvement or discrete component thereof beir
for, may be withheld to cover final possible corrections or adjustments in the worl find payment with respect to an improvement shall be made within 30 days of u
Council's acceptance of the improvement.
SECTION 15. This Agreement is contingent upon the confirmation of assessments and successi of bonds, and it shall be null and void if said bonds are not sold within a three (:
period following the date of this Agreement, or any mutually agreed extension; ho
this time can be extended by request of the Property Owner and concurrence
legislative body. Any sale of bonds shall be based upon recommendations of Ci
and authorized consultants retained for the purposes of assisting and establishing
and conditions for the sale of bonds.
SECTION 16. Property Owner hereby agrees to provide written notice to any potential purchx
lots in a form satisfactory to City so advising the potential owner of the fact
proposed or confirmed Assessment District, with said document being executed
potential owner during escrow procedures. Such notice shall be provided to the pa
owner a reasonable time before the potential owner becomes contractually commi,
purchase the lot so that the potential owner may knowingly consider the impact
%SMment in the decision to purchase the lot. A copy of dl such notices execui
actual purchasers shall be sent to the City.
SECTION 17. Property Owner agrees to and shall assume the defense of, indemnify and hold har
the City, its officers and agents, from any action, damages, claims or losses of anl
resulting from this Agreement, including without limitation the design, engine
construction bidding, award of the contracU and construction of the improvemenb
provision as contained herein shall in any way limit the extent of the responsibility c
Property Owner for payment of damages resulting from the construction c
improvements and/or any contractual relationships between Property Ownei
contractor and/or subcontractors.
Li 6 4
0 0
SECTION 18. This Agreement is binding upon heirs, assigns, and successors-in-interest.
SECTION 19. This Agreement, by its execution, amends and supersedes any terms and cont may be inconsistent in any previous agreement, including any subdivision iml
agreement, relating to the construction, installation or financing of said improl
SECTION 20. The prevailing party in any litigation refating to, interpreting or enforcing this A!
shall be entitled to reasonable attorney's fees as determined by the Court.
SECTION 21. This Agreement and the constnrction of the improvements shall be subject tc
laws and ordinances relating to the requirement of improvement agreeme
division, improvement security or other applicable development requirements.
SECTION 22. The term "City" shall mean the City Council, unless otherwise stated herei
Agreement.
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
CITY OF CARLSCAD
AT7TEST: STATE :3F C,."' ,,zORNIA
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
''PROPERTY OWNER"
CONTINENTAL RANCH, INC.
By: b,a: &
5
i( 7-
a CALIFORNIA ALLPU a SE ACKNOWLEDGMENT
0 PerSonally known t0 me - OR -&roved to me on the basis of satisfactory evidence to be the pers
whose name(@ idmesubscribed to the within instnr and acknowledged to me that he/s+te/they-executel
same in his/ktr/theirauthorited capacityrn, and th
his/hffftherrs ’ ignature(s)on the instrument the perso
or the entity upon behalf of which the person@) ac
executed the instrument.
Description of Attached Document
Signer@) Other Than Named Above:
Capacityfies) Claimed by Signer(s)
El Individual 0 Individual 0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Corporate Officer
0 Partner - Limited General 0 Attorney-in-Fact
0 Guardian or Conservator
Title( si):
Signer Is Representing:
Reorder: Call Ton-Fm 1- Pd. NO. 5907
Lif
olewNaUonalNotaryAsscaa~*8236RernmetAve. PO. Box7184*CaMgaPark,CA9130971&1
EXHIBIT "A" fl) m
THE FACILITIES
Facility Description
Melrose Avenue: Grading, storm drainage facilities,
Between Palomar Airport Road and mains, sewer mains, reclaimed $ the existing northern termination of mains, pressure reducing station, e
Melrose Avenue gutters, sidewalks, medians, road
and pavement, striping and signs,
landscaping of medians, parkways,
' adjacent slopes.
Palomar Airport Road: Improvements necessary for
Approximately 1000' east and 700' construction of left-tun pod
west of the intersection of Melrose acceleration lane, deceleration lane,
Avenue median break Includes subgi preparation, sawcut and remove exis
pavement, curbs, gutters, median id
landscape and hardscape, mad base (
pavement, striping and signs, and tri
control.
Improvements necessary for the relocat
of two existing force mains required duc
the grading work for Melrose Avenl
Includes grading within future Poinsei
Lane which is necessary to relocate 1
mains, trenching, force mains, a1
temporary high line piping.
Riparian Mitigation: The creation and presentation of ripari:
Creation of approximately 11 acres of habitat areas due to the impacts to existir
riparian area 2 riparian habitat caused by the grading f
Melrose Avenue. Includes gradin!
planting, offsite easement acquisitioi
maintenance, and monitoring.
Relocation of Vallecitos Water
District Sewer Mains:
Approximately 2,900 of 12" and 24" Force Main
ciq
Grading
Vallecitos Sewer Mains
Subtotal Construction Costs
724,730 I 409,231 I I $1,133,!
Contingency at 15%
Engineering, Management, Inspection, Permits, Staking, Assessment Engineering, Bond Counsel, Appraisal, Financial, 2% Printing at 20%
Total Incidental Costs
2,046,602
2,728,803
$4,775,4[
Bond Reserve (10%)
Bond Discount and fssuance (5%)
Capitalized Interest (8%)
1,841,942
920,097
1,473,554 Total Financing Costs I $4,235,59
Grading
Slope Landscaping and Imgation
Storm Drain Water
CMWD Sewer.
Subtotal Constmction Costs
3,372,760
2,032,330
1,650,203
762,884
58,015 $7,87(
Street Improvements Parkway Landscaping and Irrigation
Median Landscape and Irrigation
Median Stamped Concrete
Subtotal Construction Costs
2,914,726 I
126,644 I
96,300
342,100 $1,133
$3,479
Grading Vallecitos Sewer Mains Subtotal Constnrdion Costs
724,730
586,622
$1,311
Grading 1 199,500 Landscape installation 285,200 Maintenance 62,500 Monitoring 29,500
, Offsite Easement Acquisition 400,000 Subtotal Construction Costs $976,'
City Of Carlsbad - As 9 ssment District No. 96-7 (Rancho 6 arrillo)
Preliminary Engineer’s Report - March 27, 1998
CERTIFICATION OF COMPLETION OF
ENVIRONMENTAL PROCEEDINGS
STATE OF CALIFORNIA
COUNTY OF SAN DlEGO
CITY OF CARLSBAD
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That I am the person authorized to prepare and process all environmental
documentation as needed as it relates to the formation of the special assessment
district being formed pursuant to the provisions of the “Municipal Improvement Act
1913”, being Division 12 of the Streets and Highways Code of the State of
California, said special assessment district known and designated as
ASSESSMENT DISTRICT NO. 96-1, Rancho Carrillo (herein after referred to as tl-
“Assessment District”).
2. The specific environmental proceedings relating to this Assessment District that
have been completed are as follows:
3. I do hereby certify that all environmental evaluation proceedings necessary for the
formation of the Assessment District have been completed to my satisfaction, and
that no further environmental proceedings are necessary.
EXECUTED this day of , 1998, at Carlsbad, California.
CITY OF CARLSBAD
STATE OF CALIFORNIA
Berryman & Heniga 53 s:\$project\carlsbad\rancho carrillo\engr reptsbreeng 5-21 .doc
0 9EFFREYM. COOF
Assessment Engir
Education 8, Registrations
M. S. C. E., Universify of California, Berkeley, 1977
B. S. C.E., University of California, Berkeley, 1976
B.A. in Economics, Washingfon Sfafe University, 1973
Registered Civil Engineer: California, 4980; Arizona, f 984;
Nevada, 1987
Professional Affiliations
American Society of Civil Engineers
California Water Pollution Control Federation
American Water Works Association
American P ublic Works Association
EXPERIENCE
Mr. Cooper has extensive professional consulting engineering experience providing
management of planning, design, construction and inspection services for water resourc
water, wastewater, general civil, and assessment district engineering projects. Mr. Cooper I
excellent presentation and project management skills, developed through many years
managing capital improvement projects, private projects and assessment districts.
MANAGEMENT & FINANCE
Mr. Cooper has more than 19 years of experience in project management and the formation all types Of special financing districts. Mr. Cooper has served as District Engineer/Special 7
Consultant for the formation and administration of Mello-Roos Community Facilities Districts
numerous communities. He has served as District Assessment Engineer for the formation
districts under the authority of the Municipal Improvement Acts of 1913 and 1931 Debt Li
Reports, Benefit Assessment Act of 1982, the Landscape and Lighting Act of 1972, and Artic
3.6 of the Government Code to form Fire Suppression Assessments for numero
communities. Mr. Cooper is a registered Civil Engineer in the State of California, Arizona a
Nevada.
Mr. Cooper's specific expertise in assessment engineering and Mello-Roos includes:
Municipal Improvement Act of 1913 . Flood Protection Restoration Assessment District, San Joaquin Area Flood Control Agent . Undergrounding Assessment District No. 63 (Newport Island), City of Newport Beach . Undergrounding Assessment District No. 64 (Channel Road), City of Newport Beach . Undergrounding Assessment District No. 72 (Balboa Coves), City of Newport Beach
. Summerhill Assessment District 90-1A, City of Lake Elsinore . Golden Lantern Assessment District 87-1, County of Orange . South Santa Fe Road Assessment District No. 90-1, City of Vista . Mission Valley HeightsIFriars Road Mission Center Acquisition District, City of San Diego . 4-S Ranch, County of San Diego . Valley Center Sewer District, County of San Diego
McFadden Square Assessment District No. 59, City of Newport Beach
Berryman & Heniga 5q
e 9EFFREYM. COOP
Assessment Engir;
. JoshuaNVest Main Street Assessment District No. 90-1, City of Hesperia
Sepulveda Boulevard Assessment District No. 92-1, City of Carson
I Arroyo Vista Assessment District No. 92-1, City of Desert Hot Springs . Assessment District No. 1993-1 Review, Mammoth County Water District . LomaNia Escola, City of Orange . Westminster Boulevard Assessment District No. 92-1, City of Westminster
Landscape and Street Lighting Maintenance Districts (1972 Acts) . Proposition "A" - Los Angeles Countywide Park and Open Space Maintenance Dist
Mountains Recreation and Conservation Authority, State of California . Park Maintenance Districts, Los Angeles County Department of Parks & Recreation . County Landscape and Lighting District No. 1979-3 (LL-2), Contra Costa County . Open Space District No. 94-1, Santa Clara County Open Space Authority . Park and Open Space District, County of Sacramento . Districtwide Lighting and Landscape Maintenance District, Valley-Wide Recreation i
Park District . Landscape Maintenance District No. 1, City of Clovis . Whiteface Development Open Space District, Rancho Simi Recreation and Park District
. Citywide Landscape and Street Lighting Maintenance District, City of Lake Elsinore . 1-1 0 Corridor Beautification District Feasibility Study, San Bernardino Association
Governments . Citywide Street Lighting District, City of Poway . Landscape Maintenance Districts No. 83-1, 86-1, 86-2, 86-3, 87-1, City of Poway . Citywide Street Lighting and Median Maintenance District, City of Stanton . Santee Town Center Landscape Maintenance District, City of Santee . Landscape Maintenance District, City of Santee . Urban Design Program Maintenance District, City of Beverly Hills . Citywide Landscape and Street Lighting Maintenance District, City of El Monte . Citywide Landscape and Lighting Maintenance District, City of South Pasadena . Citywide Landscape and Lighting Maintenance District, City of Monrovia . Landscape and Street Lighting Maintenance District, City of Pomona . Citywide Landscape and Street Lighting District, City of Manhattan Beach . Landscape and Street Lighting Maintenance Districts, City of Tustin
. Citywide Street lighting and Landscape Maintenance District, City Of Calimesa . Citywide Landscape Maintenance District, City of Vista . Park and Safety Lighting District, City of Palm Springs . Citywide Landscaping and Lighting District, City of Lawndale
. Citywide Lighting and Landscape Maintenance District, City of Rancho Palos Verdes
Citywide Landscape and Street Lighting Maintenance District No. 1, City of La Quinta
Library Services Assessments and Special Taxes . Community Facilities District No. 8 (Library Services), County of Los Angeles Public Libra . Additional Library Services Assessment District No. 96-2, City of Sacramento . Sacramento Public Library Community Facilities District No. 1996-01, County of Sacrame . New Library and Carnegie Rehabilitation & Museum Assessment District, City of Alamed; . Preliminary Library Services Assessment Feasibility Study, County of Los Angeles Pub
Library
Berryman & Henigz 5%
e 9lFFREYM. COOP
Assessment Engir
. County Service Area Assessment for Library Services, El Dorado County Library . Library Services Special Tax, City of South Pasadena
Mello-Roos Community Facilities Districts . Community Facilities District No. 8 (Library Services), County of Los Angeles PI
Library . Community Facilities District No. 1996-01 (Sacramento Public Library), County
Sacramento
a Cottonwood Hills Community Facilities District No. 91-3, City of Lake Elsinore . Summerhill Community Facilities District No. 91-2, City of Lake Elsinore
* North Lake Elsinore Hills Community Facilities District No. 90-3, City of Lake Elsinore
Tuscany Hills Community Facilities District No. 90-2, City of Lake Elsinore . Scenic Ridge Community Facilities District No. 91-4, City of Lake Elsinore . Hacienda DriveIBuena Vista Creek Community Facilities District No. 90-2, City of Vista . North County Square Community Facilities District No. 92-1 , City of Vista . Belgate Community Facilities District No. 91-1, City of Hesperia . Gateway Community Facilities District No. 93-1, City of Norco . Public Safety Community Facilities District No. 93-1 , City of Desert Hot Springs
Vehicle Parking District Act of 7943 . Analysis and Review of Existing Districts, City of Pomona
Benefit Assessment Act of 1982 . Citywide Street Maintenance District, City of Vista . Citywide Street Maintenance District Feasibility Study, City of Westminster . Citywide Street Maintenance District Feasibility Study, City of Lawndale
Fire Suppression Assessments . Fire Suppression Assessment, Ventura County Fire Protection District . Fire Suppression Assessment, City of Palos Verdes Estates
% . Fire Suppression Assessment, Bennett Valley Fire Protection District . Fire Suppression Assessment, City of lndio . Fire Suppression Assessment, Mid-Valley Fire Protection District . Fire Suppression Assessment, North County Fire Protection District . Fire Suppression Assessment, San Miguel Fire Protection District . Fire Suppression Assessment, City of Santa Fe Springs . Fire Suppression Assessment, Jenny Lind Fire Protection District . Fire Suppression Assessment, City of South Pasadena . Fire Suppression Assessment, City of Glendale Fire Department . Fire Suppression Assessment, Coachella Fire Protection District . Fire Suppression Assessment, City of Covina
Conference Presentations and Workshops . League of California Cities, Alternative Mechanisms for Fundinq Public Safety Service
October 1993, San Francisco, CA
National Recreation and Park Association Congress for Recreation and Pari
Successful Park Bond Acts, October 1993, San Jose, CA
Berryman & Henig; S?
0 9FFREYM. COOPl
Assessment Engin1
. California Library Association, Fallout From SB566 -- What's Next?, November IS
Oakland, CA . California Fire Chiefs AssociationIFire Districts Association of California, 1
Suppression Assessments, May 1993, San Jose, CA
* California Association of Recreation and Park Districts, Landscape Maintenai
Districts, May 1993, Sacramento, CA
California and Pacific Southwest Recreation and Park Conference, How to Forn
Landscaping and Lightins District, February 1994, Anaheim, CA . California Contract Cities Association, Cost Effective Public Works Proiects Can Si
Your City Monev, May 1996, Palm Springs, CA
Bergman & Henigi 60
m 0
Muster Plan Villages
62
I
r agt:
Policy No. 33
Effective Date 7/
General Subject: Assessment District Financing Cancellation Datt
Supersedes No. ;
OF CARLSBAD 0
COUNCIL POLICY STATEMENT Date Issued 7/28
of Public Improvements
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Dil
Employee Bulletin Boards, Press, File
Specific Subject:
Copies to:
BACKGROUND
In the past few years, the City Council has received several requests from property owr
be constructed as a condition of such developments. The City Council has determined thl
financing and 1915 Act bonds should only be used if a mutual y benefit to
be found in addition to the special benefit confeired to the properties within the developmenl
Council has determined further that such a mutual benefit can be found in the constructit
streets that compliment the City’s arterial street system im+emswJr, 2- -& li&& communities within the City. The use of assess
financing for arterial streets may include sewer and water lines when the Public Works :
Jhg-mew determines it is necessary that they be located within the street right-of-way. Projl
include other incidental construction such as drainage facilities located within an eli,
highway and environmental miti@on required for the inipro,rovemenls.7
Council has also determined that it is necessary to establish circumstances under which the
will approve assessment district financing as a guide to those who would seek to request it.
planned developments to use 1915 Act Assessment District bond financing for public imp
PURPOSE
To establish a policy regarding the requirements which must be met before the City Council
the financing of public improvements using 191 5 Act assessment district bonds.
To establish a procedure for processing applications for assessment district financing and a
committee to apply the requirements of this policy to such applications. The commit1
consider recommending that the City initiate a district.
The policy is primarily intended to apply assessment districts proposed for proper
predominantly undeveloped where the developers in the area propose to use public financi
private financing for appropriate public improvements.
It is not the intent of this policy to relieve any developer of responsibilities for public imp1
conditions of development related to the subdividing of property, the processing of tents
parcel maps, or master plan developments.
rc
1- ’/
0 Page :
PolicyNo. 33
Date Issued 7/28
Effective Date 7/
General Subject: Assessment District Financing Cancellation Datc
Supersedes No. 1
C Ilt OFCARLSBAD
COUNCIL POLICY STATEMENT
of Public Improvements
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Dit
Specific Subject:
Copies to: Employee Bulletin Boards, Press, File
POLICY
1. The City may allow the financing of public improvements under the provisions of this
the public facilities represent, in the City’s opinion, a w mutual benefi
the community and a special benefit to the prospective residents of the developmentT,h v.
2. Facilities which may be considered shall be public facilities in dedicated rights-of-wa
and for which a public agency has on-going responsibility to maintain and operate.
facilities to be financed are limited to:
..
(a) Arterial streets identified on the circulation element of the Carlsbad General Plan.
(b) Sewer and water lines to be located within the right-of-way of arterial streets WJ
Engineer determines it is necessary that they be so located.
such streets.
(c) Drainage facilities and public utilities may be included which are appurtenant and
(d) Environmeiital mitigation required for the project.
3. Project property value to lien ratio should be 4:l after the installation of the improvemenl
financed. A project may be approved with a ratio between 4: 1 and a minimum of 3: 1 if t
recommended by both bond counsel and the underwriter and if the City Council finds thc
ratio to be within parameters acceptable to them. The value of the property proposed to 1
shall be determined by an M.A.I. appraisal, performed by an appraiser selected by the Cit
4. Projects shall be at the stage where all criteria of this policy can be adequately assessed.
Developments proposed for inclusion in a district shall have already received environmer
and shall have already received all legislative approvals such as zoning, master plans, spec
Local Facilities Management Plans. The City Council may approve a district that include
without legislative approvals if the improvement to be constructed is consistent with the
and if the City Council finds the improvement is required in the public interest.
5. Assessment districts shall have the concurrence of the affected area’s property owner’s rt
not less than 60 percent, by area, of the land proposed to be assessed. The petition shall i
acceptance of this policy and a waiver of the property owners’ rights under the Majority
The city Council is in no way required to proceed with the formation of an assessment di
Council finds that the creation of the district or the construction of the improvements will
best interest of the City. G ii
0 Page
Policy No. 33
Date Issued 7/28,
General Subject: Assessment District Financing Cancellation Datc
Supersedes No. i
C 01 OFCARLSBAD
COUNCIL POLICY STATEMENT
Effective Date 71
of Public Improvements
Specific Subject: Policy for Use of 1915 Act Bond
Copies to: City Council, City Manager, City Attorney, Department and Div
Employee Bulletin Boards, Press, File
6. The City shall select the assessment engineer, bond counsel, required, the financial cons
required, an underwriter. In making such selections the City will take suggestions from
proponents into account. The design engineer in consultation with and subject to approv:
The bond counsel, underwriter and financial consultant will provide the City with a State
Conflict of Interest related to real estate holdings within the district. The design engineei
assessment engineer shall provide a Statement of Conflict of Interest as required under S
87100.1 of the Government Code (see attached).
7. Bonds issued under this policy may be sold through a competitive or negotiated sale as d
the City Council. The Council will consider recommendations from staff and the City’s
consultant in selecting a method of sale.
8. A sum sufficient to pay all fees and costs for the proposed assessment district prior to aw;
contract shall be deposited with the City by the proponents of the district. The proponent
be required to deposit with City a sum sufficient to cover all City costs incurred in conne
review of a proposed district including staff review, legal review, administration, plan chc
investigation, City Council review, inspection and property appraisals. These sums will k
City to the degree used if the district is not successfully completed or if such costs are not
City from the district. If the district is confirmed any sum not retained by City shall be re
cash or applied as a credit against the assessments at the option of the proponents.
9, Improvements shall be constructed in accordance with the Municipal Improvement Act
the assessment district bonds shall be issued in accordance with the Improvement Bond J
unless the City Council determines otherwise.
lO.Generally, there shall be no overlapping bond assessments or tax liens on the proposed SI
assessment district at the time assessments are to be affirmed by the City. The City COUI
advise of bond counsel, may approve an overlap provided the combined assessments are
property value ratios of Paragraph 3 of this policy.
1 1 .The proponents of the district must demonstrate to the satisfaction of the City Council tE
financing or other means is available for the developments to be included within the dist
to meet all assessment obligations between the time the district is formed and the pay of
or their assumption by the purchasers of the individual homes within the proposed devel
part of the review, the City Council may also consider any indebtedness presently existii
properties to be assessed. The district proponents must bring all property tax bills curren
keep them current prior to confirmation of the district.
f $- TA
Page 0
Policy No. 33
Date Issued 7/28,
Effective Date 7/
General Subject: Assessment District Financing Cancellation Datc
Supersedes No. 1
C 1c1 OFCARLSBAD
COUNCIL POLICY STATEMENT
of Public Improvements
Specific Subject: Policy for Use of 1915 Act Bond
Copies to: City Council, City Manager, City Attorney, Department and Div
Employee Bulletin Boards, Press, File
12. If the City Council determines it is necessary, a financial feasibility study me be require
consultant selected by the City to be accomplished at the expense of the proponents oft
ascertain whether or not the proposed development will find market acceptance. The C
may accept a private sale bond purchase agreement fi-om a qualified underwriting firm (
conditions satisfactory to the City in lieu of such a study.
13. As part of the structuring of the financing for the district the City Council shall require tl
adequate reserve fund be established to cover any potential defaults. The City is not req
advance monies to the reserve fund to pay for delinquencies. It is the City’s intent that i
Fund not be obligated in any way for future delinquencies.
14. The City Council may require the district proponents to enter into an agreement with the
individually and jointly responsible for the cost of any foreclosures which the City deter
necessary in regard to the assessment district bonds. The City may, at its option, retain i
prosecute the foreclosures in a timely manner in the name of the City and the proponent
be responsible for all costs of such foreclosures. If the City Council approves a pass thrc
bond to the purchaser of an individual lot, the proponents shall be relieved of their oblig
the agreement for such lot.
15. It is the policy of the City Council in approving basic legislative authorization for develc
as master plans for planned communities, to give such approvals as part of the City’s on
planning process. That is, the City reserves the right to modify the approvals in the futui
determine the public interest may require. Such approvals, when given, are subject to a I
that the construction of any part of a development does not vest any rights to complete o
of the development. Construction of public improvements pursuant to an assessment dis
undeveloped land, shall not vest any rights to the existing legislative approvals for the pr
assessed or to any particular level, type or intensity of use. Proponents of a district shall
acknowledgment of this policy as part of their petition and shall expressly waive on theii
on behalf of their successors and assigns any cause of action based on the case of Fury v
Sacramento which might be applicable to properties to be assessed.
16. It is the City’s desire that proponents discharge the assessment district bonds applicable 1
property prior to the individual sale of individual lots. The City Council may approve a
of the bond obligation to a prospective purchaser at their sole discretion. A developer w:
secure approval of a pass through must apply to the City in writing, requesting permissic
The letter must contain a plan of how the prospective buyer will be notified and the steps
accomplish the pass through.
&G
.. Page 0
Policy No. 33
Date Issued 7/28)
Effective Date 7/
Supersedes No. J
C fi OFCARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Assessment District Financing Cancellation Date
SpeGif2G Subject:
of Public Improvements
Policy for Use of 1915 Act Bond
Copies to:
The required procedure shall include, but not be limited to, all of the following:
a) Provide for full disclosure of this and any other assessment financing applicable to th
prospective purchasers including principal interest rate, duration and amount of monthly
b) List the amount of the assessment lien in all sales brochures, all advertising and all pui
documents adjacent to the sales price of the property and in the same size type.
c) Give prospective purchaser an option to have the assessment lien discharged prior to c
house or by a reapportionment of the assessment. (Sample disclosure forms are attache
policy). Once the request is received from the developer, it will be placed on the Cow
agenda for consideration after a complete review of the request by staff and the Policy
Committee.
City Council, City Manager, City Attorney, Department and Div
Employee Bulletin Boards, Press, File
escrow or to assume the assessment lien by a pass through as a part of the sales price (
17. The principal purpose for the City Council’s approval of assessment district financing is
the links in the City’s circulation system. The City Council in that regard will not favor
district which contemplates the construction of a portion of an arterial street unless it is
logical way to connect with the City’s existing circulation system. The City may require
proponents of a district expand the area to be included within a proposed district as may
to complete such circulation.
18. It is the Council’s policy that, in the event that there are surplus funds generated througl
of an assessment district and the sale of bonds, these surplus funds shall be used as follo7
(a) To complete any work related to the project that the Council determines is equitable
reasonable as allowed by the 19 13/19 15 Act statutes.
(b) The Council may direct staff to use a portion of this surplus to offset assessment
owners in following years in a manner consistent with the 1913/15 Act statutes,
policy, an amount of up to 5 percent of the total bond issue size not to exceed $1 m
used to offset annual assessments without further Council action.
(c) Unless otherwise directed by Council, any amount in excess of that used to offset a:
described in (b) above will be used to call bonds at an appropriate bond call date, 2
by staff and the City’s financial advisor.
e .-_I .-. “k
v Page 0
PolicyNo. 33
Date Issued 7/28,
Effective Date 7/
General Subject: Assessment District Financing Cancellation Datt
Supersedes No. _1
C R? OFCARLSBAD
COUNCIL POLICY STATEMENT
of Public Improvements
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Div
Employee Bulletin Boards, Press, File
Specific Subject:
Copies to:
PROCEDURE:
1. It is the intention of the City Council that proponents of a district have an early opport
the proposal reviewed by City staff for compliance with this policy. In that regard, the
hereby directs the creation of the Project Review Committee. The Committee shall (
City Manager, City Attorney, Community Development Director, Planning D
JhgmeePublic Works Director, Administrative Services Director-
(Chairperson), &Finance Director, 1, a*-
The Committee shall meet on request with proponents of a district to review a project
whether or not the requirements of this policy have been satisfied. Committee review sh
prior to the presentation of an assessment district project to the City Council. Whene
project is presented to the Council it shall be accompanied by a report containing the
recommendations of the Committee made in regard to such project. The Committee m;
proponents to furnish any information necessary to the evaluation of the proposed (
Committee may require all or any part of the deposits provided for in this policy to be 1
the commencing their review of the project.
2. Upon review of the proposed assessment district and after considering the report of th
the City Council shall determine whether or not to approve proceeding with the fon
district. It is the policy of the City Council of the City of Carlsbad to limit projects to t
forth in this policy. The City Council reserves to itself the authority to approve or di
proposed improvement district based upon the evidence received at the hearings helc
Council. Any exceptions to the criteria of this policy will be approved only upon an elc
by the City Council that the project is so affected with a public interest that the City sh
providing tax fiee financing for the improvement in order to satisfy a public need. If the
approves proceeding with the formation of the district, City staff and the proponents sh
do that in accordance with State Law and the requirements of this policy.
3. Where there are multiple proponents of a proposed district they shall designate
authorized to act for the proponents in their dealings with the City. The spokes]
responsible for collecting any fees for deposit with the City, providing any necessary i
the City, and for communicating as necessary back to the proponents.
f ;:
1- -. -
e +
I Page 1
CITY OF CARLSBAD
Policy No. 33
Date Issued 61231'
Effective Date 6/;
General Subject: Assessment District Financing Cancellation Date
Supersedes No. 2
COUNCIL POLICY STATEMENT
of Public Improvements
Policy for Use of 1915 Act Bond Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department and Divi
Employee Bulletin Boards, Press, File
BACKGROUND
In the past few years, the City Council has received several requests from property own1
planned developments to use 1915 Act Assessment District bond financing for public imp1
be constructed as a condition of such developments. The City Council has determined ths
financing and 1915 Act bonds should only be used if a mutual benefit to the City can
addition to the special benefit conferred to the properties within the development.
determined further that such a mutual benefit can be found in the construction of arteriz
compliment the City's arterial street system by linking communities within the City.
assessment district financing for arterial streets may include sewer and water lines whe
Works Director determines it is necessary that they be located within the street right-of-N
may also include other incidental construction such as drainage facilities located withi
arterial highway and environmental mitigation required for the improvements.
Council has also determined that it is necessary to establish circumstances under which the
will approve assessment district financing as a guide to those who would seek to request it.
PURPOSE
To establish a policy regarding the requirements which must be met before the City Council
the financing of public improvements using 191 5 Act assessment district bonds.
To establish a procedure for processing applications for assessment district financing and
committee to apply the requirements of this policy to such applications. The commi
consider recommending that the City initiate a district.
The policy is primarily intended to apply assessment districts proposed for propc
predominantly undeveloped where the developers in the area propose to use public financ
private financing for appropriate public improvements.
It is not the intent of this policy to relieve any developer of responsibilities for public im
conditions of development related to the subdividing of property, the processing of ten
parcel maps, or master plan developments.
3
f
v
Page : CITY OF CARLSBAD
Policy No. 33
Date Issued 6/23/
Effective Date 6/
General Subject: Assessment District Financing Cancellation Datt
Supersedes No. i
COUNCIL POLICY STATEMENT
of Public Improvements
Specific Subject: Policy for Use of 1915 Act Bond
Copies to:
POLICY
City Council, City Manager, City Attorney, Department and Dii
Employee Bulletin Boards, Press, File
1. The City may allow the financing of public improvements under the provisions of this
the public facilities represent, in the City’s opinion, a mutual benefit to the comi
special benefit to the prospective residents of the development.
2. Facilities which may be considered shall be public facilities in dedicated rights-of-wa
and for which a public agency has on-going responsibility to maintain and operate.
facilities to be financed are limited to:
(a) Arterial streets identified on the circulation element of the Carlsbad General Plan.
(b) Sewer and water lines to be located within the right-of-way of arterial streets whr
(c) Drainage facilities and public utilities may be included which are appurtenant and
(d) Environmental mitigation required for the project.
Works Director determines it is necessary that they be SO located.
such streets.
3. Project property value to lien ratio should be 4: 1 after the installation of the improvemen
financed. A project may be approved with a ratio between 4: 1 and a minimum of 3: 1 if 1
recommended by both bond counsel and the underwriter and if the City Council finds th
ratio to be within parameters acceptable to them. The value of the property proposed to
shall be determined by an M.A.I. appraisal, performed by an appraiser selected by the Cit
4, Projects shall be at the stage where all criteria of this policy can be adequately assessed,
Developments proposed for inclusion in a district shall have already received environme
and shall have already received all legislative approvals such as zoning, master plans, spe
Local Facilities Management Plans. The City Council may approve a district that includt
without legislative approvals if the improvement to be constructed is consistent with the
and if the City Council finds the improvement is required in the public interest.
5. Assessment districts shall have the concurrence of the affected area’s property owner’s r
not less than 60 percent, by area, of the land proposed to be assessed. The petition shall
acceptance of this policy and a waiver of the property owners’ rights under the Majority
The city Council is in no way required to proceed with the formation of an assessment d
Council finds that the creation of the district or the construction of the improvements wil
best interest of the City.
I Page CITY OF CAIUSBAD
PolicyNo. 33
Date Issued 6/23)
Effective Date 6/
General Subject: Assessment District Financing Cancellation Date
Supersedes No. 2
COUNCIL POLICY STATEMENT
of Public Improvements
Specific Subject: Policy for Use of 1915 Act Bond
Copies to: City Council, City Manager, City Attorney, Department and Div
Employee Bulletin Boards, Press, File
6. The City shall select the assessment engineer, bond counsel, required, the financial cons1
required, an underwriter. In making such selections the City will take suggestions from i
proponents into account. The design engineer in consultation with and subject to approw
The bond counsel, underwriter and financial consultant will provide the City with a State
Conflict of Interest related to real estate holdings within the district. The design engineei
assessment engineer shall provide a Statement of Conflict of Interest as required under SI
87100.1 of the Government Code (see attached).
7. Bonds issued under this policy may be sold through a competitive or negotiated sale as d
the City Council. The Council will consider recommendations from staff and the City’s
consultant in selecting a method of sale.
8. A sum sufficient to pay all fees and costs for the proposed assessment district prior to aw;
contract shall be deposited with the City by the proponents of the district. The proponenl
be required to deposit with City a sum sufficient to cover all City costs incurred in conne
review of a proposed district including staff review, legal review, administration, plan chc
investigation, City Council review, inspection and property appraisals. These sums will t
City to the degree used if the district is not successhlly completed or if such costs are not
City from the district. If the district is confirmed any sum not retained by City shall be rf
cash or applied as a credit against the assessments at the option of the proponents.
9. Improvements shall be constructed in accordance with the Municipal Improvement Act
the assessment district bonds shall be issued in accordance with the Improvement Bond.
unless the City Council determines otherwise.
1 O,Generally, there shall be no overlapping bond assessments or tax liens on the proposed s
assessment district at the time assessments are to be affirmed by the City. The City Cou
advise of bond counsel, may approve an overlap provided the combined assessments are
property value ratios of Paragraph 3 of this policy.
1 1 .The proponents of the district must demonstrate to the satisfaction of the City Council tl
financing or other means is available for the developments to be included within the dis
to meet all assessment obligations between the time the district is formed and the pay oi
or their assumption by the purchasers of the individual homes within the proposed deve
part of the review, the City Council may also consider any indebtedness presently existi
properties to be assessed. The district proponents must bring all property tax bills currer
keep them current prior to confirmation of the district.
-
Page
I)
CITY OF CARLSBAD
PolicyNo. 33
Date Issued 6/23/‘
Effective Date 6/;
General Subject: Assessment District Financing Cancellation Date
Supersedes No. 7/
COUNCIL POLICY STATEMENT
of Public Improvements
Specific Subject: Policy for Use of 1915 Act Bond
Copies to: City Council, City Manager, City Attorney, Department and Divi
Employee Bulletin Boards, Press, File
12. If the City Council determines it is necessary, a financial feasibility study me be requirec
consultant selected by the City to be accomplished at the expense of the proponents of tk
ascertain whether or not the proposed development will find market acceptance. The Ci
may accept a private sale bond purchase agreement from a qualified underwriting firm o
conditions satisfactory to the City in lieu of such a study.
13. As part of the structuring of the financing for the district the City Council shall require th
adequate reserve find be established to cover any potential defaults. The City is not reqi
advance monies to the reserve fund to pay for delinquencies. It is the City’s intent that i1
Fund not be obligated in any way for future delinquencies.
14. The City Council may require the district proponents to enter into an agreement with the
individually and jointly responsible for the cost of any foreclosures which the City deten
necessary in regard to the assessment district bonds. The City may, at its option, retain a
prosecute the foreclosures in a timely manner in the name of the City and the proponent I
be responsible for all costs of such foreclosures. If the City Council approves a pass thrc
bond to the purchaser of an individual lot, the proponents shall be relieved of their oblig;
the agreement for such lot.
15. It is the policy of the City Council in approving basic legislative authorization for develc
as master plans for planned communities, to give such approvals as part of the City’s on-
planning process. That is, the City reserves the right to modify the approvals in the futur
that the construction of any part of a development does not vest any rights to complete o
of the development. Construction of public improvements pursuant to an assessment dis
undeveloped land, shall not vest any rights to the existing legislative approvals for the pi
assessed or to any particular level, type or intensity of use. Proponents of a district shall
acknowledgment of this policy as part of their petition and shall expressly waive on thei
on behalf of their successors and assigns any cause of action based on the case of Fury \
Sacramento which might be applicable to properties to be assessed.
determine the public interest may require. Such approvals, when given, are subject to a <
16. It is the City’s desire that proponents discharge the assessment district bonds applicable
property prior to the individual sale of individual lots. The City Council may approve a
of the bond obligation to a prospective purchaser at their sole discretion. A developer w
secure approval of a pass through must apply to the City in writing, requesting permissic
The letter must contain a plan of how the prospective buyer will be notified and the step
accomplish the pass through.
.
1 Page
CITY OF CARLSBAD
PolicyNo. 33
Date Issued 61231s
Effective Date 6/;
General Subject: Assessment District Financing Cancellation Date
Supersedes No. 2
COUNCIL POLICY STATEMENT
of Public Improvements
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Divi
Employee Bulletin Boards, Press, File
Specific Subject:
Copies to:
The required procedure shall include, but not be limited to, all of the following:
a) Provide for full disclosure of this and any other assessment financing applicable to the prospective purchasers including principal interest rate, duration and amount of monthly I:
b) List the amount of the assessment lien in all sales brochures, all advertising and all purc
documents adjacent to the sales price of the property and in the same size type.
c) Give prospective purchaser an option to have the assessment lien discharged prior to cl escrow or to assume the assessment lien by a pass through as a part of the sales price o
house or by a reapportionment of the assessment. (Sample disclosure forms are attachec
policy). Once the request is received from the developer, it will be placed on the Counc
agenda for consideration after a complete review of the request by staff and the Policy :
Committee.
17. The principal purpose for the City Council’s approval of assessment district financing is 1
the links in the City’s circulation system. The City Council in that regard will not favor a
district which contemplates the construction of a portion of an arterial street unless it is e
logical way to connect with the City’s existing circulation system. The City may require
proponents of a district expand the area to be included within a proposed district as may 1 to complete such circulation,
18. It is the Council’s policy that, in the event that there are surplus funds generated through
of an assessment district and the sale of bonds, these surplus funds shall be used as follob
(a) To complete any work related to the project that the Council determines is equitable i
reasonable as allowed by the 1913/1915 Act statutes.
(b) The Council may direct staff to use a portion of this surplus to offset assessments
owners in following years in a manner consistent with the 1913/15 Act statutes.
policy, an amount of up to 5 percent of the total bond issue size not to exceed $1 mil
used to offset annual assessments without further Council action.
(c) Unless otherwise directed by Council, any amount in excess of that used to offset as:
described in (b) above will be used to call bonds at an appropriate bond call date, a:
by staff and the City’s financial advisor.
I 4%
k Page CITY OF CARLSBAD
Policy No. 33
Date Issued 6/23/!
Effective Date 6/'
General Subject: Assessment District Financing Cancellation Date
COUNCIL POLICY STATEMENT
of Public Improvements Supersedes No. ;
Specific Subject:
Copies to:
Policy for Use of 1915 Act Bond
City Council, City Manager, City Attorney, Department and Div
Employee Bulletin Boards, Press, File
PROCEDURE:
1. It is the intention of the City Council that proponents of a district have an early opport.
the proposal reviewed by City staff for compliance with this policy. In that regard, the 1
hereby directs the creation of the Project Review Committee. The Committee shall c
City Manager, City Attorney, Community Development Director, Planning Director, P
Director, Administrative Services Director (Chairperson), and Finance Director. Thc
shall meet on request with proponents of a district to review a project to determine whet1
requirements of this policy have been satisfied. Committee review shall take place
presentation of an assessment district project to the City Council. Whenever any su
presented to the Council it shall be accompanied by a report containing the j
recommendations of the Committee made in regard to such project. The Committee ma
proponents to furnish any information necessary to the evaluation of the proposed c
Committee may require all or any part of the deposits provided for in this policy to be I
the commencing their review of the project.
2. Upon review of the proposed assessment district and after considering the report of thr
the City Council shall determine whether or not to approve proceeding with the forn
district. It is the policy of the City Council of the City of Carlsbad to limit projects to tl
forth in this policy. The City Council reserves to itself the authority to approve or di!
proposed improvement district based upon the evidence received at the hearings held
Council. Any exceptions to the criteria of this policy will be approved only upon an ex]
by the City Council that the project is so affected with a public interest that the City shc
providing tax free financing for the improvement in order to satisfy a public need. If the
approves proceeding with the formation of the district, City staff and the proponents shi
do that in accordance with State Law and the requirements of this policy.
3. Where there are multiple proponents of a proposed district they shall designate i
responsible for collecting any fees for deposit with the City, providing any necessary ir
the City, and for communicating as necessary back to the proponents.
authorized to act for the proponents in their dealings with the City. The spokesr
I -\