HomeMy WebLinkAbout2004-05-04; City Council; 17622; Assessment District No. 2002-01n w
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DEPT. FIN
CITY OF CARLSBAD -AGENDA BILL
TITLE: ASSESSMENT DISTRICT NO. 2002-01 AB# 17,622 (POINSETTIA LANE EAST)
PUBLIC HEARING, CONFIRMATION OF THE
ASSESSMENTS, APPROVAL OF THE FORM OF THE SPECIAL
ASSESSMENT DISTRICT DISCLOSURE AGREEMENT AND RELATED ACTIONS
RECOMMENDED ACTION:
Adopt Resolution No. 2004-150 approving the final report of the assessment engineer,
declaring the results of the assessment ballot tabulation, confirming the assessments and ordering the acquisition or construction of improvements, together with appurtenances, in Assessment District
No. 2002-01 (Poinsettia Lane East).
Adopt Resolution No. 2004-151 Disclosure Agreement for Assessment District No. 2002-01 (Poinsettia Lane East).
approving the form of the Special Assessment District
ITEM EXPLANATION:
On February 17, 2004, the City Council adopted a resolution stating its intent to form an assessment district to fund certain public improvements necessary to serve the Bressi Ranch and La Costa
Greens developments. At that time, the City Council also adopted a map of the proposed
assessment district boundaries, passed on the preliminary report by the assessment engineer, set the date for this public hearing and ordered the initiation of the assessment ballot proceedings.
This agenda item contains the final actions necessary to complete the assessment district formation, confirm the assessments on the parcels of land within the assessment district and approve the
Special Assessment District Disclosure Agreement.
An assessment district is a mechanism to finance the acquisition or construction of public improvements and to spread the cost of such public improvements among properties, which will
specially benefit from the improvements based upon the special benefit received by each such
property.
The boundaries of the proposed assessment district are shown on the location map and include the Bressi Ranch development consisting of an industrial area, residential area with 523 proposed residential single-family homes and several homeowners’ association recreation lots, one mixed use area (to be potentially developed with commercial retail, office, boys and girls club, 100 multi-family affordable units and an assisted living facility), one community facilities area (to be potentially developed with a church, daycare and private school) and open space areas. The boundaries also include the La Costa Greens development consisting of an industrial business park area, residential area with 799 proposed residential single-family homes, and 180 proposed multi-family affordable units, three homeowners’ association recreation lots and community uses including a proposed public elementary school, church, daycare, community park and open space areas.
The improvements proposed to be acquired by the City from the proceeds of bonds issued for the assessment district total approximately $35 million and include the following: 4 lanes of Poinsettia Lane from El Camino Real to the existing terminus of Poinsettia Lane at the westerly boundary of the Rancho Carrillo development including storm drain, water, sewer, recycled water and dry utilities; 4 lanes of El Fuerte Street from Palomar Airport Road to the existing terminus of El Fuerte Street at the southern boundary of the Bressi Ranch development including storm drain, water, sewer, recycled water and dry utilities; and widening of El Camino Real along the frontage of the two developments (Bressi Ranch and La Costa Greens) in three segments from Palomar Airport Road to Poinsettia Lane including storm drain, water, recycled water and dry utilities.
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The cost of acquiring such improvements includes the actual cost of construction plus the related actual costs for environmental, acquisition and creation of mitigation lands, engineering, and inspection.
The primary improvements are important links in the City's traffic circulation system and designated as arterials on the Circulation Element of the City's General Plan. Staff, therefore, supports a finding by the City Council that the improvements are consistent with the General Plan and are required in the public interest.
As required by City Council Policy 33, the City's Special District Review Committee has reviewed the
proposed assessment district. The Committee finds that it complies with the terms and conditions of the Council's Policy 33, with the clarifications and findings noted below, and recommends that the
City Council proceed with the formation of the assessment district.
Paragraph 14 of City Council Policy 33 states that it is the City's desire that any assessment be
discharged prior to the sale of the individual lots; however, it does allow the pass-through of the assessment obligation to the homebuyer at the City's sole discretion. Both of the developers have requested to be allowed to pass through the assessment to the prospective purchasers of the
individual lots. The City's Special District Review Committee has reviewed this request and
recommends that the City Council approve it since, as required by City Council Policy 33, the estimated total amount of taxes, assessments and special taxes appearing on the property tax bill will not exceed 1.8 percent of the initial sales price of any residential dwelling unit to each prospective
homeowner within both developments. This request is also consistent with the actions taken by the City Council on similar assessment districts in the past.
Special Assessment District Disclosure Asreement
When the assessments are permitted to be passed through to the residential homebuyers, Policy 33
requires that the developer provide full and complete disclosure of the assessment district to such prospective purchasers. The attached Special Assessment District Disclosure Agreement will provide
for such notice and staff recommends approval of the agreement by the Council. The significant elements of the agreement are as follows:
9 Developer will disclose to prospective purchaser the total estimated assessment lien amount, the estimated annual payments on the property tax bill and the duration of payments until the
assessment bonds are paid in full.
9 Developer will provide the option to the prospective purchaser to either accept the
assessment lien and make the annual payments on the property tax bill or pay-off the total
assessment lien, plus prepayment penalties, interest charges and other charges, at the time of close of escrow.
9 Developer will incorporate the amount of assessment lien into the advertised sales price of the home and clearly disclose the pass-through option in any sales literature. In addition, a
notice of the assessment shall be prominently displayed in all sales offices offering units for sale.
ENVIRONMENTAL REVIEW:
This assessment district has been deemed to be a "project" subject to the requirements of the California Environmental Quality Act (CEQA) since the levy of assessments and the issuance of
bonds secured by such assessments are committed to a specific project which may result in a
potentially significant physical impact on the environment.
Page 3 of Agenda Bill No. 17,622
On October 23, 2001, the City Council adopted Resolution No. 2001-318 which certified the Environmental Impact Report, CEQA findings of fact, statements of overriding considerations, a mitigation monitoring and reporting program, and also approved a general plan amendment, La Costa master plan amendment, Villages of La Costa master plan, Local Facilities Management Plan for Zone IO, Local Facilities Management Plan Amendment for Zone 11, master tentative map and Hillside Development Permit for the Greens, and a master tentative map, Planned Unit Development Permit, and a Hillside Development Permit for the Ridge and the Oaks for the Villages of La Costa Project on 1,866.4 acres generally located 2,500 feet south of Palomar Airport Road, east of El Camino Real, north and east of La Costa Avenue, and straddling portions of Rancho Santa Fe Road in the Southeast Quadrant within Local Facilities Management Zones 10 and 11 (Case No. EIR 98-07/GPA, 98-011MP 149(Q)/MP 98-01/LFMP IO/LFMP 11 (B)/CT 99-03/HDP
On July 9, 2002, the City Council adopted Resolution No. 2002-205 which certified the Environmental Impact Report, CEQA findings of fact, statements of overriding considerations, a mitigation monitoring and reporting program, and also approved a general plan amendment, zone change, Bressi Ranch Master Plan, Local Facilities Management Plan for Zone 17 for the Bressi Ranch project on 585.1 acres generally located south of Palomar Airport Road and east of El Camino Real within Local Facilities Management Plan Zone 17 (Case No. EIR 98-04/GPA, 98-03/ZC 98-04/MP 178/LFMP 17).
99-01/CT 99-04/PUD OI-O8/HDP 99-02).
Both of the EIR documents that were approved by the City Council included all of the improvements that are proposed to be acquired by the assessment district. Potentially significant impacts in the areas of air quality, biological resources, cultural resources and hydrology/water quality will be mitigated through the incorporation of mitigation measures contained in the above documents which are on file with and can be reviewed at the Planning Department.
FISCAL IMPACT:
The assessment district limited obligation improvement bonds, scheduled to be sold at the end of 2004, will fund the acquisition or construction of the proposed public improvements described above and related costs totaling approximately $41.8 million. This amount includes district formation costs, debt issuance costs, capitalized interest and the establishment of a debt service reserve fund as well as the construction costs. The City is not responsible for the funding of the construction of any of the improvements included in the assessment district. The improvements will be constructed by the developers and acquired by the City after the bonds are sold. However, in the event that one or both of the developers default on their obligations to construct such improvements under their respective Subdivision Improvement Agreements, the previously approved Acquisition/Financing Agreement permits the City to utilize the remaining eligible proceeds of the improvement bonds, if necessary, to finance the completion of the improvements. The City is also not responsible for the repayment of the bonds, when issued. The bonds will be secured by the property within the District and repaid through the levy of assessments on the property.
The bond funds used to acquire the improvements will not include that portion of the costs of such improvements representing (a) the general benefit to be derived from the Poinsettia Lane and El Fuerte Street arterial roadways, consisting of the paving of the center 2 lanes, and (b) the special benefit attributed to parcels of land to be owned by public agencies, non-profit organizations and homeowner’s associations. The developer will contribute that portion of such costs representing such general benefit and such special benefit through a corresponding reduction in the purchase price for the improvements to be acquired by the City.
Council Policy 33 contains two financial tests that the District must meet to issue bonds and levy assessment on the property owners. The first one requires that the project property value to lien ratio
be 4:l after the installation of the improvements to be financed. A project may be approved with a
ratio between 4:l and a minimum of 3:l if the ratio is recommended by the underwriter and/or financial advisor and if the City Council finds the reduced ratio to be within parameters acceptable to them. It is anticipated that the District will meet this test.
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Page 4 of Agenda Bill No. 17,622
The second test requires that the estimated total amount of taxes, assessments and special taxes appearing on the property tax bill not exceed 1.8 percent of the initial sales price of any residential dwelling unit. The assessment lien amounts on individual single-family residential dwelling units are estimated to range from $10,705 to $15,019 in the La Costa Greens development and $25,447 to $32,639 in the Bressi Ranch development. The annual payments for individual single-family residential dwelling units, which will be collected on the tax roll, are estimated to range from $800 to $1,300 in the La Costa Greens development and $2,000 to $2,700 in the Bressi Ranch development. Final annual assessments will be calculated prior to the issuance of the proposed bonds. At this time, it is believed that the District will also meet this test. Both of these tests will be applied again prior to bond issuance.
EXHIBITS:
1. Location Map.
2. Resolution No. 2004-150 approving the final report of the assessment engineer, declaring the results of the assessment ballot tabulation, confirming the assessments and ordering the acquisition or construction of improvements, together with appurtenances, in Assessment District No. 2002-01 (Poinsettia Lane East).
3. Resolution No. 2004-151 approving the form of the Special Assessment District Disclosure Agreement for Assessment District No. 2002-01 (Poinsettia Lane East).
4. Special Assessment District Disclosure Agreement.
5. Final Engineer's Report dated March 29,2004.
DEPARTMENT CONTACT: Lisa Hildabrand, (760) 602-2430, Ihild@ci.carlsbad.ca.us
David Hauser, (760) 602-2730, dhaus@ci.carlsbad.ca.us
EXHIBIT 1
LOCATION MAP
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LOCAVON MAP
POJECT NAME:
ASSESSMENT DISTRICT NO. 2002-01 (POINSET77A LANE EAST)
LEGEND
EXHIBIT 1
p?A BOUNDARY OF ASSESSMENT
DIS TRlC T - PROPOSED FULL
STREET IMPRO VEMEN TS
PROPOSED HALF- WD lH
STREET IMPROVEMENTS
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EXHIBIT 2
RESOLUTION 2004- 150
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RESOLUTION NO. 2004-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FINAL REPORT OF THE ASSESSMENT ENGINEER, DECLARING THE RESULTS OF
THE ASSESSMENT BALLOT TABULATION, CONFIRMING THE
ASSESSMENTS AND ORDERING THE ACQUISITION OR
CONSTRUCTION OF IMPROVEMENTS, TOGETHER WITH
{POINSETTIA LANE EAST).
APPURTENANCES, IN ASSESSMENT DISTRICT NO. 2002-01
WHEREAS, the City Council of the City of Carlsbad, California, has previously adopted it:
Resolution of Intention and initiated proceedings for the acquisition or construction of certair
mprovements, together with appurtenances and appurtenant work described in Exhibit A attache(
iereto and incorporated herein by this reference (collectively, the “Improvements”), in a specia
assessment district pursuant to the terms and provisions of the “Municipal Improvement Act o
1913”, being Division 12 of the Streets and Highways Code of the State of Californi;
[the “Improvement Act”), such special assessment district known and designated as Assessmen
District No. 2002-01 (Poinsettia Lane East) (the “Assessment District”); and
WHEREAS, pursuant to such Resolution of Intention, a report (the “Preliminary Engineer’:
Report”) of Galen N. Peterson, Consulting Engineer, (the “Assessment Engineer”), as thereir
xdered and as required by the Improvement Act, Article XlllD of the Constitution of the State o
Salifornia (“Article XlllD”) and the Proposition 21 8 Implementation Act (Government Code Sectior
53750 and following) (the Improvement Act, Article XlllD and the Implementation Act are referred tc
ierein collectively as the “Assessment Law”), was presented, considered and preliminarily approvec
~y the City Council on February 17,2004; and
WHEREAS, as a result of the receipt of bids for the construction of certain of thc
mprovements, the Assessment Engineer has revised the Preliminary Engineer’s Report to reflec
such bids and submitted to the City Council a final Engineer’s Report (the “Final Engineer’s Report”)
and
WHEREAS, the Final Engineer’s Report, as prepared and submitted, contains all the matter:
md items called for pursuant to the provisions of the Assessment Law, including the following:
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A. The plans and specifications for the Improvements proposed to be acquired 01
constructed;
B. The Assessment Engineer's estimate of the itemized and total costs and expenses oi
the construction of the Improvements and of the incidental expenses in connection therewitt
contained in the Final Engineer's Report including that portion of such costs and expenses
representing the special benefit to be conferred by such Improvements on those parcels within the
Assessment District;
C. The diagram showing the Assessment District referred to and described in suct
Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions oi
land within such Assessment District, as the same existed at the time of the passage of suck
Resolution of Intention, each of which subdivisions have been given a separate number upon suct
diagram;
D. The proposed assessment upon the several subdivisions of land in the Assessmeni
District, in proportion to the estimated special benefits to be conferred on such subdivisions
respectively, by the Improvements to be acquired or constructed, and of the incidental expenses
thereof; and
E.
WHEREAS, the City Council did set the time and place for a public hearing for hearing
protests to the proposed Improvements, the extent of the Assessment District or to the proposed
assessment; and
A description of the Improvements to be acquired or constructed.
WHEREAS, notices of such hearing accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by
a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this
time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the
City Clerk of the City as the tabulation official appointed by the City Council, all in the manner
provided by the Assessment Law; and
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Page 2 of Resolution No. 2004-150 7
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WHEREAS, the City Clerk has prepared and submitted to this legislative body a Certificate 0’
Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of thc
Tabulation Official”), a copy of which is attached as Exhibit B hereto and incorporated herein by thi:
reference, which reflects the results of the tabulation of the assessment ballots; and
WHEREAS, at this time based upon the Certificate of Tabulation Official this City Counci
determines that the assessment ballots received in favor of the proposed assessment and weightec
as required by the Assessment Law exceed the assessment ballots received in opposition to thr
assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessmen
Law does not exist; and
WHEREAS, as required by the City Council Policy 33 (“Policy 33’7, the City’s Special Distric
Review Committee has reviewed this Assessment District and found that the Assessment Distric
complies with the terms and conditions of Policy 33; and
WHEREAS, the applicants for the Assessment District, have requested that tht
assessments be permitted to pass-through to the prospective purchasers of the individual lots withir
the proposed Assessment District; and
WHEREAS, the Special District Review Committee has reviewed this pass-through reques
and recommends that the City Council approve such request since, as required by Policy 33, tht
estimated total amount of taxes, assessments and special taxes appearing on the property tax bil
will not exceed 1.8 percent of the initial sales price of any residential dwelling unit to eact
prospective homeowner; and
WHEREAS, the Special District Review Committee has recommended that the City Counci
proceed with the formation of the Assessment District; and
WHEREAS, this legislative body is now satisfied with the assessment and all matter!
contained in the Final Engineer’s Report as submitted.
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Page 3 of Resolution No. 2004-150 le
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
RECITALS. The above recitals are all true and correct.
FINDINGS. Based upon the determinations and recommendations of the Special
District Review Committee, the Final Engineer's Report, the staff report and the foregoing recitals,
this City Council hereby finds that:
A. the proposed Assessment District complies with the terms and conditions of
Policy 33;
B. the Improvements proposed to be acquired by the City from the proceeds of
bonds issued for the Assessment District include three roadway improvements that are a part of the
City's General Plan circulation system, i.e., 4 lanes of Poinsettia Lane from El Camino Real easterly
to connect to the existing terminus of Poinsettia Lane at the westerly boundary of the Rancho
Carrillo development, 4 lanes of El Fuerte Street from Palomar Airport Road southerly to connect to
the existing terminus of El Fuerte Street at the southerly boundary of the Bressi Ranch developmeni
and widening of El Camino Real along the frontage of the two developments (Bressi Ranch and
La Costa Greens) in three segments from Palomar Airport Road to Poinsettia Lane, which are
necessary to complete important links in the City's traffic circulation system, the primary purpose for
utilizing Special District financing pursuant to Policy 33;
C. the Improvements proposed to be financed through the Assessment Districi
are required in the public interest;
D. the estimated total amount of taxes, assessments and special taxes
appearing on the property tax bill for lots within the Assessment District will not exceed 1.8 percenl
of the initial sales price of any residential dwelling unit to each prospective homeowner; and
E. the assessment ballots submitted pursuant to the Assessment Law in favor of
the assessment and weighted as required by the Assessment Law exceed the assessment ballots
submitted in opposition to the assessment and similarly weighted and it is therefore determined that
a majority protest pursuant to Assessment Law does not exist.
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Page 4 of Resolution No. 2004-150
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3. SPECIAL BENEFITS RECEIVED. Based upon the Final Engineer’s Report and the
:estimony and other evidence received at the public hearing, it is’hereby determined that:
A. All properties within the boundaries of the Assessment District receive a
special benefit from the Improvements;
B. The proportionate special benefit derived by each parcel proposed to be
assessed has been determined in relationship to the entirety of the cost of construction of the
Improvements;
C. No assessment is proposed to be imposed on any parcel, which exceeds the
reasonable cost of the proportional special benefit to be conferred on such parcel from the
I m provem en ts ;
D.
E.
Only special benefits have been assessed; and
There are parcels within the Assessment District which are owned or to be
owned by non-profit public benefit organizations and home owners associations and other parcel:
which are owned or to be owned by the City and Carlsbad Unified School District which are agencies
as such term is defined in Article XlllD which specially benefit from the Improvements. A contributior
equal to the special benefit to be received by such parcels shall be made by the developers in the
form of a reduced purchase price for the acquisition of the Improvements.
4. PUBLIC INTEREST AND CONVENIENCE. The public interest and convenience
require the acquisition or construction of the Improvements and, therefore, it is hereby ordered tha
the Improvements be acquired or constructed, as set forth in the Resolution of Intention previousl)
adopted by this City Council on February 17, 2004 by Resolution No. 2004-057 and as also set fortt
in the Final Engineer’s Report presented to and considered by this City Council.
5. FINAL ENGINEER’S REPORT. The Final Engineer’s Report, as now submitted, i:
hereby approved and such Report shall stand as the report as required by the Assessment Law fo
all future proceedings for this Assessment District.
6. CONFIRMATION OF ASSESSMENTS. The assessments, as now filed in the Fina
Engineer’s Report, and the diagram for the Improvements to be acquired or constructed, togethe
with appurtenances and appurtenant work in connection therewith, are hereby confirmed.
Page 5 of Resolution No. 2004-150
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The assessments contained in the Final Engineer’s Report and hereby levied and approved
are as follows:
A. The final assessments representing the costs and expenses to finance that
portion of the cost of acquisition or construction of the Improvements representing the special
benefit conferred by the Improvements on the parcels within the Assessment District.
B. The annual assessment to pay for administrative costs in an amount not to
exceed the maximum annual assessment as set forth in the Final Engineer’s Report.
This City Council hereby approves a pass-through of the assessments to the purchasers of
individual lots subject to the approval by the City Council of a disclosure program as required by
paragraph 16 of Policy 33.
7. RECORDATION OF ASSESSMENT. The City Clerk shall forthwith deliver to the
Superintendent of Streets the assessment, together with the diagram attached thereto and made a
part thereof, as confirmed, with her certificate of such confirmation attached and the date thereof;
and that such Superintendent of Streets shall then immediately record such diagram and
assessment in his Office in a suitable book to be kept for that purpose and attach thereto his
certificate of the date of such recording.
8. COUNTY RECORDER NOTICE. Upon confirmation of the assessments and
recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be
immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice
of assessment shall be recorded in the Office of the County Recorder in the manner and form as sei
forth by law and specifically Section 31 14 of the Streets and Highways Code of the State of
California.
9. MAILED NOTICE. Upon recordation of the assessment diagram and notice of
assessment, a notice shall be mailed to each owner of real property within the Assessment District
at his last known address, as such address appears on the last equalized tax rolls of the County,
such notice to set forth a statement containing a designation of the property assessed, as well as the
amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant
to the “Improvement Bond Act of 191 5.”
Page 6 of Resolution No. 2004-150 l-3
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10. PUBLICATION. Notice shall also be given by publication in a newspaper of general
circulation, such notice setting forth the amount of the final assessment and indicating that such
assessment is now due and payable, and further indicating that if such assessment is not paid within
the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law.
11. ASSESSMENT COLLECTION. The County Auditor is hereby authorized and
directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the
State of California, to enter into his assessment roll on which property taxes will next become due,
opposite each lot or parcel of land affected, in a space marked “public improvement assessment” or
by other suitable designation, the next and several installments of such assessment coming due
during the ensuing fiscal year covered by the assessment roll and that such entry then shall be
made each year during the life of the bonds for the proceedings for the above-referenced
Assessment District. This authorization is continual until all assessment obligations have been
discharged and the bonds terminated.
As an alternate, and when determined to be in the best interests for bondholders of the
Assessment District, this legislative body may, by Resolution, designate an official other than the
County Tax Collector and/or other agent, to collect and maintain records of the collection of the
assessments, including a procedure other than the normal property tax collection procedure.
In accordance with the provisions of Section 8685 of the Streets and Highways Code, if an)
lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the
installment of the assessment to be collected can be conveniently entered thereon, then the Auditoi
shall enter on the roll a description of the lot or parcel affected, with the name of the owners, il
known, but otherwise the owners may be described as “unknown owners”, and extend the proper
installment opposite the same.
12. ASSESSMENT VERIFICATION STATEMENT. The County Auditor shall, within
90 days after any special assessment installment becomes delinquent, render and submit a detailed
report showing the amounts of the installments, interest, penalties and percentages so collected, for
the preceding term and installment date, and from what property collected, and further identify any
properties which are delinquent and the amount and length of time for such delinquency, and further
Page 7 of Resolution No. 2004-150
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set forth a statement of percentages retained for the expenses of making such collections
This request is specifically made pursuant to the authorization of Section 8683 of the Streets an(
Highways Code of the State of California.
13. ASSESSMENT DISTRICT FUNDS. The Finance Director is hereby authorized at thi:
time, if not previously done, to establish the following funds as necessary for the payment of cost!
and expenses and administration of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received from cash collections shall bt
placed into the Improvement Fund.
B. REDEMPTION FUND: All monies received from the payment of assessment!
shall be placed in the Redemption Fund.
For particulars as to the administration and handling of the Funds, the specific terms an(
conditions shall be set forth in a Bond Indenture to be approved by the subsequent adoption of i
Resolution Authorizing the Issuance of Bonds.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the Cit
of Carlsbad on the 4th day of May ,2004 by the following vote, to wit:
AYES: Council Elembers Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mxyor
ATTEST:
A
LORR~INEh. WOOD, City Clerk "
(SEAL)
Page 8 of Resolution No. 2004-150
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1.
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
Poinsettia Lane from El Camino Real easterly to connect to the existing terminus
of Poinsettia Lane at the westerly boundary of Rancho Carrillo including
transition pavement lanes and appurtenances on El Camino Real as shown on Drawing Nos. 397-2H, 397-21, 397-25 and 397-2K. Full width grading to major arterial
standards (but not to include grading outside of the right-of-way in future developed
areas), erosion control landscaping and irrigation (located within an easement granted
to the City), parkway landscaping and irrigation (located within an easement granted to
the City), asphalt pavement to major arterial standard width on either side of a raised
median, median curb, median hardscaping and landscaping with irrigation, curb and
gutter, sidewalk, meandering regional trail for bicycles and pedestrians in a public trail
easement which is a part of the City-wide trail system, storm drain facilities within the
right-of-way (excluding any Master Drainage Plan facilities subject to reimbursement
from Local Drainage Area Fees), sewer, water and reclaimed water lines and
appurtenances within the right-of-way (excluding any portion of such costs
reimbursable from sewer and/or water connection fees), dry utilities which are
non-refundable or non-reimbursable by the utility agency and which are located within
the right-of-way’, street lights, three new traffic signals and a modification of an existing
traffic signal at El Camino Real (excluding those portions reimbursed from Traffic
Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental
mitigation’ and incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report.
2. El Fuerte Street from Palomar Airport Road southerly to connect to the existing
terminus of El Fuerte Street at the southerly boundary of Bressi Ranch as shown
on Drawing Nos. 400-8E and 400-8F. Full width grading to secondary arterial
standards (but not to include grading outside of the right-of-way in future developed
areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation (located within an easement granted to
the City), asphalt pavement to secondary arterial standard width, curb and gutter,
sidewalk, meandering regional trail for bicycles and pedestrians in a public trail
easement which is a part of the City-wide trail system, storm drain facilities within the
right-of-way (excluding any Master Drainage Plan facilities subject to reimbursement
from Local Drainage Area Fees), sewer, water and reclaimed water lines and
appurtenances within the right-of-way (excluding any portion of such costs reimbursable from sewer and/or water connection fees), dry utilities which are
non-refundable or non-reimbursable by the utility agency and which are located within
the right-of-way’, street lights, three new traffic signals and a modification of an existing
traffic signal at Palomar Airport Road (excluding those portions reimbursed from Traffic
Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental
mitigation’ and incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report.
3. Widening of the east side of El Camino Real from Palomar Airport Road to the
southerly boundary of Bressi Ranch as shown on Drawing No. 400-8G (Bressi
Ranch portion). Grading to prime arterial standards (but not to include grading outside
of the right-of-way in future developed areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation
(located within an easement granted to the City), asphalt pavement to prime arterial
standard width (including transitions lanes outside of developer’s ownership), raised
median in certain areas, median curb, median hardscaping and landscaping with irrigation, curb and gutter, sidewalk, dry utilities which are non-refundable or
non-reimbursable by the utility agency and which are located within the right-of-way’,
modification of an existing traffic signal at Street “A (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), relocation of existing
utilities, environmental mitigation’ and incidental costs of construction to the extent
permitted in the Acquisition/Financing Agreement included in Appendix B of the
Engineer’s Report.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. Widening of the east side of El Camino Real from the southerly boundary of Bressi Ranch southerly as shown on Drawing No. 397-2R (Greens portion). Grading to
prime arterial standards (but not to include grading outside of the right-of-way in future
developed areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation (located within an easement
granted to the City), asphalt pavement to prime arterial standard width (including
transitions lanes outside of developer’s ownership), raised median in certain areas,
median curb, median hardscaping and landscaping with irrigation, curb and gutter,
sidewalk, dry utilities which are non-refundable or non-reimbursable by the utility agency and which are located within the right-of-way’, street lights, modification of an existing
traffic signal at Camino Vida Roble (excluding those portions reimbursed from Traffic
Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental
mitigation’ and incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report.
Notes:
- 1/ The aggregate amount of the cost of dry utilities or mitigation land which are to be owned by an entity other than a “political subdivision” as such term is used in the Internal Revenue Code and regulations
of the Internal Revenue Service which may be financed from the proceeds of tax exempt bonds issued
for the Assessment District shall be limited to 5% of the proceeds of such bonds which are eligible to
be used to finance the acquisition of the Improvements.
I7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
Assessment ballots received in favor of
the proposed assessment:
EXHIBIT B
5
CERTIFICATE OF TABULATION OFFICIAL
AND STATEMENT OF ASSESSMENT BALLOTS SUBMITTED
STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO
CITY OF CARLSBAD 1
) ss.
The undersigned, the duly authorized tabulation official appointed by the City Council of the
City of Carlsbad, DOES HEREBY CERTIFY that pursuant to the provisions of Article XlllD
Df the Constitution of the State of California and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 and following), I did tabulate the
assessment ballots timely submitted in the assessment ballot proceedings pertaining tc
Assessment District No. 2002-01 (Poinsettia Lane East).
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the
assessment ballots submitted in favor of the assessment and the assessment ballots
submitted in opposition to the assessment, each total weighted according to the financial
obligation of the affected properties for which the assessment ballots were submitted.
Assessment ballots received
opposition to the proposed assessment: 0
This certification is executed this 6th day of I.Iay , 2004 in Carlsbad, California.
< L/jA./vLp, mm --
W’Cleik of the City of Carlsbad, -
as the fabulation Official
WHEN RECORDED RETURN -ro
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3 1 14 of the Streets and Highways Code of the State of
California. the widersigncd, CI'I'Y CIXRK of the CITY OF CARLSBAD, COUNTY OF SAN
DIEGO. STATE OF CAI ,IFORNIA, HEREBY GlVES NOTICE that a diagram and asscssrnent
were recorded in the Office of the Superintendent of Streets of said Community Services
District, as provided for in said Section 3 114, and relating to the following described real
property:
All that property lying within the boundaries of the Assessment District, as
delineated upon an assessment diagram of said District entitled
Assessment District No. 2002-01 (Poinsettia Lane East) filed in the office
of the County Recorder of San Diego County on the
BOOK OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS, Official Records of said County, and as shown
on an assessinetit diagram recorded in the Office of the Superintendent of
Streets of said Conimunity Services District, and reference is hereby made
to said Map for the description of the real property within said Assessment
District.
day of JiAypf~ . 04503 2004, in Book 3 8 Page(s) 37. Document No. 2064 - fi4
NOTICE tS FURTHER GlVEN that upon the recording of this Notice in the Office of the
County Recorder, the several asscssmcnts assessed on the lots, pieces and parcefs shown on said
filed Assessment Diagram shall beconie a lien upon the lots or portions of lots assessed,
respectively.
'
In addition to the assessment to pay the costs and expenses of the improvements to be
constructed. all o~vners of real property within the Assessment District are subject to a separate
and additional assessment to be levied annually to pay for costs not otherwise reimbursed which
will result from the adniinistration and collection of assessments or from the administration or
registration of any associated bonds and rcscrw or related funds.
Reference is made to the Assessment Diagram and Assessment Roll recorded in the Office of the
Superintendent of Streets for the amount of any final and confirmed assessments, including any
annual assessment as levied for adininistrative costs or maintenance, as applicable.
Notice of Assessment I
-
Attached hereto is a list indicating the names of the assessed owners, all as required pursuant to
Section 27288.1 of the Government Code of the State of California.
I ,2004. ,/ r
CITY OF CARLSEAD
STATE OF CALIFORNIA
Notice of Assessment 2
Exhibit A
CITY OF CARLSBAD
ASSESSMENT DJSTRICT NO. 2002-01
(Poinscttia Lane East)
LIST OF PROPERTY OWNERS
Name of Prupcrty Owner(s) -
General American Life Insurance Co.
MetroPolitan Life
Greystone Homes, Inc.
Bressi Gardenlane, LLC
-~~ Lennar Bressi Ranch Venture, LLC
Real Estate Collateral Management
Company
Legal Description
Lots 1 through 5 inclusive of Carlsbad
Tract CT 00-06
Lots 6 through 10 inclusive and Lots 12
and 16 of Carlsbad Tract CT 00-06
Lots 11, 13, 15 and Lots 17 through 22
inclusive of Carlsbad Tract CT 00-06
Lot 14 of Carlsbad Tract CT 00-06
Lots 1 through 4 inclusive, Lots 6 through
14 inclusive and Lots 16 through 49
inclusive of Carlsbad Tract CT 99-03
Notice of Assessment A- 1
- City of Carlsbad
May 5,2004
TO: PROPERTY OWNERS
RE: ASSESSMENT DISTRICT NO. 2002-01
(POINSETTIA LANE EAST)
NOTICE OF ASSESSMENT
The purpose of this letter is to notify you that the City of Carlsbad (the "City") has
formed Assessment District No. 2002-01 (Poinsettia Lane East) (the "Assessment
District") and confirmed the levy of assessments on the properties within the
Assessment District for the purpose of financing the construction of certain street and
other improvements to serve the properties within the Assessment District. The City
Council took this action following the tabulation of the assessment ballots received from
the owners of property within the Assessment District that revealed that over 50% of the
assessment ballots submitted were in favor of the establishment of the Assessment
District and the levy of the assessments.
As the record owner of property within the Assessment District, enclosed please
find your statement and final assessment amount as confirmed for the Assessment
District. The assessments were levied to finance that portion of the cost of the
construction of authorized street and other improvements. The assessments represent
the special benefit that the parcels within the Assessment District will receive from the
improvements.
Please note that if you wish, you may either totally discharge or make a partial
payment against your assessment for the period specified in the notice and thus avoid
incurring any interest, redemption costs or financing charges on the amount paid during
this period. Please refer to the notice and information enclosed for the exact amount
which you may pay during this 30 day period to completely discharge your assessment.
If you do nothing, the unpaid balance of your final assessment will be collected in
annual installments, together with interest, on your property tax bill.
If you have any questions regarding this letter or the enclosed notice, please feel
free to call me at (760) 602-2430
Very truly yours,
LISA HILDABRAND
Finance Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 0 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us 0 Business License (760) 602-2495 - Utility Billing (760) 602-2420 0 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
CITY OF CARLSBAD
(POINSETTIA LANE EAST)
ASSESSMENT DISTRICT NO. 2002-01
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the sewer improvements to be constructed under proceedings
conducted by the CITY COUNCIL of the CITY OF CAIUSBAD, CALIFORNIA, pursuant to
the terms and provisions of the "Municipal Improvement Act of 19 13", being Division 12 of the
Streets and Highways Code of the State of California, for a special assessment district, said
special assessment district known and designated as Assessment District No. 2002-0 1 (Poinsettia
Lane East) (the "Assessment District").
You are hereby notified that on May 4, 2004, the Assessment and Diagram to pay the
costs and expenses of said construction were recorded in my office.
Your assessment is now due and payable immediately at the Office of the Treasurer. You
may elect to pay your assessment in whole or in part on or before June 4, 2004 (the "Cash
Collection Period"). If you elect not to pay your assessment in full before the expiration of the
Cash Collection Period, the City of Carlsbad may elect to issue bonds pursuant to the
"Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the
State of California, to finance the share of the costs of sewer system represented by your
assessment. Any unpaid portion of your assessment will be collected in annual installments,
together with interest thereon, on your property tax bill.
After the expiration of the Cash ColIection Period, your assessment may be paid and your
property cleared of the assessment lien by the payment of the following sums: (a) any installment
of principal and interest of your assessment which has been posted to the tax roll for the current
fiscal year; (b) the unpaid balance of the principal of your assessment plus the applicable
redemption premium; (c) the amount of any delinquent assessment installments, including
penalties, interest and costs; (d) the estimated cost of calling bonds; (e) interest on the unpaid
principal balance of your assessment to the date of call of the bonds, unless included in (a) above
and (f) a reasonable fee for the cost of administering the prepayment and the associated advance
retirement of bonds.
Notice of Recordation - Publication
1
In addition to the assessment to pay the costs and expenses of the sewer improvements to
be financed, all owners of real property within the Assessment District are subject to a separate
and additional assessment to be levied annually to pay for costs not otherwise reimbursed which
will result from the administration and collection of assessments or from the administration or
registration of any associated bonds and reserve or related funds.
DATED: #- ,2004
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
Notice of Recordation - Publication 2
CITY OF CARLSBAD
(Poinsettia Lane East)
ASSESSMENT DISTRICT NO. 2002-01
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the sewer improvements to be constructed under proceedings
conducted by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to
the terms and provisions of the "Municipal Improvement Act of 191 3", being Division 12 of the
Streets and Highways Code of the State of California, for a special assessment district, said
special assessment district known and designated as Assessment District No. 2002-01 (Poinsettia
Lane East) (the "Assessment District").
You are hereby notified that on May 4, 2004, the Assessment and Diagram to pay the
costs and expenses of said construction were recorded in my office.
Your assessment is now due and payable immediately at the Office of the Treasurer. You
may elect to pay your assessment in whole or in part on or before June 4, 2004 (the "Cash
Collection Period"). The amount of your assessment is set forth at the end of this notice. The
amount that you would need to pay in order to pay your assessment in full is also included. This
amount is identified as the "Assessment Payoff Amount." This amount is less than the full
amount of your assessment because the City of Carlsbad will not need to incur certain financing
costs pertaining to those assessments that are paid during the Cash Collection Period.
If you elect not to pay your assessment in full before the expiration of the Cash
Collection Period, the City of Carlsbad may elect to issue bonds pursuant to the "Improvement
Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of
California, to finance the share of the costs of sewer system represented by your assessment. Any
unpaid portion of your assessment will then be collected on your property tax bill in annual
installments, together with interest thereon.
After the expiration of the Cash Collection Period, your assessment may be paid and your
property cleared of the assessment lien by the payment of the following sums: (a) any installment
of principal and interest of your assessment which has been posted to the tax roll for the current
fiscal year; (b) the unpaid balance of the principal of your assessment plus the applicable
redemption premium; (c) the amount of any delinquent assessment installments, including
penalties, interest and costs; (d) the estimated cost of calling bonds from the proceeds of such
prepayment; (e) interest on the unpaid principal balance of your assessment to the date of call of
the bonds, unless included in (a) above and (f) a reasonable fee for the cost of administering the
prepayment and the associated advance retirement of bonds.
In addition to the assessment to pay the costs and expenses of the sewer improvements to
be financed, all owners of real property within the Assessment District are subject to a separate
and additional assessment to be levied annually to pay for costs not otherwise reimbursed which
Notice of Recordation - Mailing 1
will result from the administration and collection of assessments or from the administration or
registration of any associated bonds and reserve or related funds.
DATED: 4 ,2004 HL Rz-L
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
Identified Parcels:
Assessment Numbers: 1 through 5
Legal Description: Lots 1 through 5
inclusive of Carlsbad Tract CT 00-06
General American Life insurance Co.
Metropolitan Life
Attn: Todd Morefield
333 S. Hope Street, Suite 1150
Los Angeles, CA 90071
Confirmed Assessment: $8,814,475.39
Assessment Payoff Amount: $7,249,906.01
Notice of Recordation - Mailing
2
CITY OF CARLSBAD
(Poinsettia Lane East)
ASSESSMENT DISTRICT NO. 2002-01
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the sewer improvements to be constructed under proceedings
conducted by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to
the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for a special assessment district, said
special assessment district known and designated as Assessment District No. 2002-01 (Poinsettia
Lane East) (the "Assessment District").
You are hereby notified that on May 4, 2004, the Assessment and Diagram to pay the
costs and expenses of said construction were recorded in my office.
Your assessment is now due and payable immediately at the Office of the Treasurer. You
may elect to pay your assessment in whole or in part on or before June 4, 2004 (the "Cash
Collection Period"). The amount of your assessment is set forth at the end of this notice. The
amount that you would need to pay in order to pay your assessment in full is also included. This
amount is identified as the "Assessment Payoff Amount." This amount is less than the full
amount of your assessment because the City of Carlsbad will not need to incur certain financing
costs pertaining to those assessments that are paid during the Cash Collection Period.
If you elect not to pay your assessment in full before the expiration of the Cash
Collection Period, the City of Carlsbad may elect to issue bonds pursuant to the "Improvement
Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of
California, to finance the share of the costs of sewer system represented by your assessment. Any
unpaid portion of your assessment will then be collected on your property tax bill in annual
installments, together with interest thereon.
After the expiration of the Cash Collection Period, your assessment may be paid and your
property cleared of the assessment lien by the payment of the following sums: (a) any installment
of principal and interest of your assessment which has been posted to the tax roll for the current
fiscal year; (b) the unpaid balance of the principal of your assessment plus the applicable
redemption premium; (c) the amount of any delinquent assessment installments, including
penalties, interest and costs; (d) the estimated cost of calling bonds from the proceeds of such
prepayment; (e) interest on the unpaid principal balance of your assessment to the date of call of
the bonds, unless included in (a) above and (f) a reasonable fee for the cost of administering the
prepayment and the associated advance retirement of bonds.
In addition to the assessment to pay the costs and expenses of the sewer improvements to
be financed, all owners of real property within the Assessment District are subject to a separate
and additional assessment to
Notice of Recordation - Mailing
be levied annually to pay for costs not otherwise reimbursed which
1
will result from the administration and collection of assessments or from the administration or
registration of any associated bonds and reserve or related funds.
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
Identified Parcels:
Assessment Numbers: 6 through 10 and
12
Legal Description: Lots 6 through 10
inclusive and Lots 12 and 16 of
Carlsbad Tract CT 00-06
Greystone Homes, Inc.
Attn: Mike Levesque
1525 Faraday Ave, Suite 300
Carlsbad, CA 92008
Confirmed Assessment: $1 2,715,401.30
Assessment Payoff Amount:$l0,458,417.57
Notice of Recordation - Mailing
2
CITY OF CARLSBAD
(Poinsettia Lane East)
ASSESSMENT DISTRICT NO. 2002-01
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the sewer improvements to be constructed under proceedings
conducted by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to
the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for a special assessment district, said
special assessment district known and designated as Assessment District No. 2002-0 1 (Poinsettia
Lane East) (the "Assessment District").
You are hereby notified that on May 4, 2004, the Assessment and Diagram to pay the
costs and expenses of said construction were recorded in my office.
Your assessment is now due and payable immediately at the Office of the Treasurer. You
may elect to pay your assessment in whole or in part on or before June 4, 2004 (the "Cash
Collection Period"). The amount of your assessment is set forth at the end of this notice. The
amount that you would need to pay in order to pay your assessment in full is also included. This
amount is identified as the "Assessment Payoff Amount." This amount is less than the full
amount of your assessment because the City of Carlsbad will not need to incur certain financing
costs pertaining to those assessments that are paid during the Cash Collection Period.
If you elect not to pay your assessment in full before the expiration of the Cash
Collection Period, the City of Carlsbad may elect to issue bonds pursuant to the "Improvement
Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of
California, to finance the share of the costs of sewer system represented by your assessment. Any
unpaid portion of your assessment will then be collected on your property tax bill in annual
installments, together with interest thereon.
After the expiration of the Cash Collection Period, your assessment may be paid and your
property cleared of the assessment lien by the payment of the following sums: (a) any installment
of principal and interest of your assessment which has been posted to the tax roll for the current
fiscal year; (b) the unpaid balance of the principal of your assessment plus the applicable
redemption premium; (c) the amount of any delinquent assessment installments, including
penalties, interest and costs; (d) the estimated cost of calling bonds from the proceeds of such
prepayment; (e) interest on the unpaid principal balance of your assessment to the date of call of
the bonds, unless included in (a) above and (f) a reasonable fee for the cost of administering the
prepayment and the associated advance retirement of bonds.
In addition to the assessment to pay the costs and expenses of the sewer improvements to
be financed, all owners of real property within the Assessment District are subject to a separate
and additional assessment to be levied annually to pay for costs not otherwise reimbursed which
Notice of Recordation - Mailing
1
will result from the administration and collection of assessments or from the administration or
registration of any associated bonds and reserve or related funds.
DATED: 4 ,2004 -AL Q&
SUPEFSNTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
Identified Parcels:
Assessment Numbers: 11,13 and 15
through 21 1 Confirmed assessment: $7,812,874.26
Assessment Pavoff Amount: $6,426,089.07 Legal Description: Lots 11, 13, 15 and
Lots 17 through 22 inclusive of Carlsbad
Tract CT 00-06
Bressi Gardenlane, LLC
c/o Lennar Homes of California
Attn: Graham Jones
24800 Chrisanta Drive, Suite 200
Mission Viejo, CA 92691
Notice of Recordation - Mailing 2
CITY OF CARLSBAD
(Poinsettia Lane East)
ASSESSMENT DISTRICT NO. 2002-01
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the sewer improvements to be constructed under proceedings
conducted by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to
the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for a special assessment district, said
special assessment district known and designated as Assessment District No. 2002-0 1 (Poinsettia
Lane East) (the "Assessment District").
You are hereby notified that on May 4, 2004, the Assessment and Diagram to pay the
costs and expenses of said construction were recorded in my office.
Your assessment is now due and payable immediately at the Office of the Treasurer. You
may elect to pay your assessment in whole or in part on or before June 4, 2004 (the "Cash
Collection Period"). The amount of your assessment is set forth at the end of this notice. The
amount that you would need to pay in order to pay your assessment in full is also included. This
amount is identified as the "Assessment Payoff Amount." This amount is less than the full
amount of your assessment because the City of Carlsbad will not need to incur certain financing
costs pertaining to those assessments that are paid during the Cash Collection Period.
If you elect not to pay your assessment in full before the expiration of the Cash
Collection Period, the City of Carlsbad may elect to issue bonds pursuant to the "Improvement ,
Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of
California, to finance the share of the costs of sewer system represented by your assessment. Any
unpaid portion of your assessment will then be collected on your property tax bill in annual
installments, together with interest thereon.
After the expiration of the Cash Collection Period, your assessment may be paid and your
property cleared of the assessment lien by the payment of the following sums: (a) any installment
of principal and interest of your assessment which has been posted to the tax roll for the current
fiscal year; (b) the unpaid balance of the principal of your assessment plus the applicable
redemption premium; (c) the amount of any delinquent assessment installments, including
penalties, interest and costs; (d) the estimated cost of calling bonds from the proceeds of such
prepayment; (e) interest on the unpaid principal balance of your assessment to the date of call of
the bonds, unless included in (a) above and (f) a reasonable fee for the cost of administering the
prepayment and the associated advance retirement of bonds.
In addition to the assessment to pay the costs and expenses of the sewer improvements to
be financed, all owners of real property within the Assessment District are subject to a separate
and additional assessment to -~ be levied annually to pay for costs not otherwise reimbursed which
Notice of Recordation - Mailing
1
A
will result from the administration and collection of assessments or from the administration or
registration of any associated bonds and reserve or related funds.
DATED: AV 4 - ,2004 v-
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
I dent ified Pa rce I:
Assessment Number: 14
Legal Description: Lot 14 of Carlsbad
Tract CT 00-06
Lennar Bressi Ranch Venture, LLC
c/o Lennar Homes of California
Attn: Graham Jones 24800 Chrisanta Drive, Suite 200 Mission Viejo, CA 92691
Notice of Recordation - Mailing
Confirmed Assessment: $74,691.03
Assessment Payoff Amount: $61,433.37
2
CITY OF CARLSBAD
(Poinsettia Lane East)
ASSESSMENT DISTRICT NO. 2002-01
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the sewer improvements to be constructed under proceedings
conducted by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to
the terms and provisions of the "Municipal Improvement Act of 19 13", being Division 12 of the
Streets and Highways Code of the State of California, for a special assessment district, said
special assessment district known and designated as Assessment District No. 2002-0 1 (Poinsettia
Lane East) (the "Assessment District").
You are hereby notified that on May 4, 2004, the Assessment and Diagram to pay the
costs and expenses of said construction were recorded in my office.
Your assessment is now due and payable immediately at the Office of the Treasurer. You
may elect to pay your assessment in whole or in part on or before June 4, 2004 (the "Cash
Collection Period"). The amount of your assessment is set forth at the end of this notice. The
amount that you would need to pay in order to pay your assessment in full is also included. This
amount is identified as the "Assessment Payoff Amount." This amount is less than the full
amount of your assessment because the City of Carlsbad will not need to incur certain financing
costs pertaining to those assessments that are paid during the Cash Collection Period.
If you elect not to pay your assessment in full before the expiration of the Cash
Collection Period, the City of Carlsbad may elect to issue bonds pursuant to the "Improvement
Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of
California, to finance the share of the costs of sewer system represented by your assessment. Any
unpaid portion of your assessment will then be collected on your property tax bill in annual
installments, together with interest thereon.
After the expiration of the Cash Collection Period, your assessment may be paid and your
property cleared of the assessment lien by the payment of the following sums: (a) any installment
of principal and interest of your assessment which has been posted to the tax roll for the current
fiscal year; (b) the unpaid balance of the principal of your assessment plus the applicable
redemption premium; (c) the amount of any delinquent assessment installments, including
penalties, interest and costs; (d) the estimated cost of calling bonds from the proceeds of such
prepayment; (e) interest on the unpaid principal balance of your assessment to the date of call of
the bonds, unless included in (a) above and (f) a reasonable fee for the cost of administering the
prepayment and the associated advance retirement of bonds.
In addition to the assessment to pay the costs and expenses of the sewer improvements to
be financed, all owners of real property within the Assessment District are subject to a separate
and additional assessment to be levied annually to pay for costs not otherwise reimbursed which
Notice of Recordation - Mailing
1
will result from the administration and collection of assessments or from the administration or
registration of any associated bonds and reserve or related funds.
DATED: MA.Y 4 ,2004
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
Identified Parcels:
Assessment Numbers: 22,23,25 through
32 and 34 through 39
Legal Description: Lots 1 through 4
inclusive, Lots 6 through 14 inclusive and
Lots 16 through 49 inclusive of Carlsbad
Tract CT 99-03
Real Estate Collateral Management Company C/o Household Commercial of California, Inc.
Attn: Fred R. Schimel
2700 Sanders Road
Prospect Heights, IL 600070
Confirmed Assessment: $1 2,348,901 .OO
Assessment Payoff Amount:$lO,l56,971.08
Notice of Recordation - Mailing
2
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter.
printer of
I am the principal clerk of the
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This ' ' Day of May, 2004
This space is for the County Clerk's Filing Stamp
Proof of Publication of
. CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 POlNSEmA LANE EAS
STATEMENT OF ASSESSMENT NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pa the costs and ex enses of the sewer improvements to be constructed under roceedr ings conducted gy the CITY COUNCIL of the CIN OF CARLSBAD, CALIfORNIA, pursuant,to the terms and provisions of the "Municipal Im rovement Act of 1913 ", be- ing Division 12 of the Streets and Highways Code of the !$ate of California for a spe- cial assessment district said s ecial assessment district known and designated as Assessment District,No.'2002-OP (Poinsettia Lane East) (the" Assessment District"). You are hereby notified that on May 4 2004, the Assessment and Diagram to pay the
Your assessment is now due and payable immediately at the Office of the Treasurer. You may elect to pay our assessment in whole or in part on or before June 4, 2004 (the 'Cash Collection Jeriod"). If you elect not to pa our assessment in full before the expiration of the Cash Collection Period, the Ci o?(!arlsbad may elect to issue bonds ursuant to the "Improvement Bond Act of 191g' bein Division 10 of the Streets and hghways Code of the State of California, to finance &e share of the costs of sewer system represented by your assessment. Any unpaid portion of your assessment will be collected in annual installments. together with interest thereon, on your property tax
NOTICE OF RECOkDAnON OF ASSESSM& AND DiAGRAM
* costs and expenses of said constructibn were recorded in my office.
bill After the expiration of the Cash Collection Period your assessment may be paid and your property cleared of the assessment lien by the payment of the following sums: (a) any installment of principal and interest of your assessment which has been osted to the tax roll for the current fiscal year; (b) the unpaid balance of the principal or sessment plus the applicable redemption premium' (c) the amount of any de#$% assessment installments including penalties interekt and costs (d) the estimated cost of calling bonds. (e) interest on the unpaid pdncipal balance of ;our assessment to the date of call of the bonds unless included in (a above and (I) a reasonable fee for the cost of administering the prepayment and tbe associated advance retirement of bonds. In addition to the assessment to pay the costs and expenses of the sewer improve- ments to be financed all owners of real property within the Assessment District are subject to a separate and additional assessment to be levied annuall to ay for costs not otherwise relmbursed which wi!l result from the administration andlcolEction of as- sessments or from the administration or registration of any associated bonds and re- serve or related funds. DATED: MAY 4.2004 ISl SUPERINTENDENT OF STREETS CITY OF CARLSBAD STATE OF CALIFORNIA - . . - - - - . Ma 8,14,2004 - NC? 1637862
Signature
NORTH COUNTY TIMES
Legal Advertising
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
CITY OF CARLSBAD
(POINSETTIA LANE EAST)
ASSESSMENT DISTRICT NO. 2002-01
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
Lorraine Wood , under penalty of perjury, CERTIFIES as follows:
The undersigned is now, and at all times mentioned herein was, the duly qualified and acting
CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished or
caused the accomplishment of the following notice requirements in connection with the
referenced Assessment District, as noted:
RECORDATION
The original of the ASSESSMENT ROLL AND DIAGRAM was recorded in the Office of the
appointed Superintendent of Streets on the day of Mw+ y ,2004.
A copy of the ASSESSMENT DIAGRAM was filed in the Office of the County Recorder, in
Book of Assessment and Community Facilities District Maps, Book 58 , Page(s) 37 ,onthe 5edayof
A copy of the NOTICE OF ASSESSMENT was recorded in the Office of the County Recorder
on the 6e day of
,2004, as Document No. 20 8 # - .+
,2004, as Document No. Z 084- .op
PUBLICATION
+
STATEMENT OF ASSESSMENT was published in the
pursuant to Section 6066 of the Government
Code of the State of California once a week for two successive weeks, with at least five days
intervening between publications; said publications being accomplished on the day of
North Countv Times
8th
Nay ,2004, and on the 14th day of May ,2004.
MAILING
The STATEMENT OF ASSESSMENT was mailed, postage prepaid, to each person owning
property in the Assessment District at the last known address as it appears on the tax rolls of the
County, or on file in the office of Galen N. Peterson Consulting Engineer, the Assessment
Engineer, which Notice designated the property belonging to each such owner and contained a
statement of the amount to be assessed; said mailing being accomplished on the 3-a day
of ,2004.
Certificate of Compliance
1
EXECUTEDthis 2nd dayof June ,2004, at Carlsbad, California.
n
CITY OF GRLSBAD
STATE OF CALIFORNIA
Certificate of Compliance 2
EXHIBIT 3
RESOLUTION NO. 2004- 151
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RESOLUTION NO. 2004-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FORM OF THE SPECIAL ASSESSMENT DISTRICT DISCLOSURE AGREEMENT FOR
ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST).
WHEREAS, the City Council of the City of Carlsbad, California, pursuant to the provisions o
the Division 12 of the Streets and Highways Code of the State of California (the Municipa
Improvement Act of 1913) (the "Improvement Act") has undertaken proceedings to form and ha!
formed an Assessment District for the purpose of financing the acquisition or construction of certair
works of improvement, together with appurtenances, such special assessment district known an(
designated as Assessment District No. 2002-01 (Poinsettia Lane East) (the "Assessment District")
and
WHEREAS, the Developers requested that the assessments be permitted to pass-through tc
the purchasers of individual lots within the Assessment District; and
WHEREAS, the City Council has approved the pass-through of such assessments subject tc
the approval by the City Council of a disclosure program as required by paragraph 16 of the Cit
Council's Policy 33; and
WHEREAS, the City and the Developer desire to enter into a Special Assessment Distric
Disclosure Agreement, the form of which has been presented to the City Council (the "Disclosurt
Agreement"), to establish such a disclosure program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
California, as follows:
1. The above recitals are all true and correct.
/I/
Ill
I//
Ill
I//
Ill
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2. The form of Disclosure Agreement, herewith submitted, is approved substantially in
:he form submitted. The Mayor is hereby authorized to execute the final form of such agreement on
iehalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is
uthorized to approve changes in such agreement deemed to be in the best interests of the City,
approval of such changes to be evidenced by the execution of such agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2f Carlsbad on the 4th day of Iiay , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
&d,U L%?L97]32/~J7g
LORRAINE M. WOOD, City Clerk
Page 2 of Resolution No. 2004-151
(SEAL)
EXHIBIT 4
SPECIAL ASSESSMENT DISTRICT
DISCLOSURE AGREEMENT
Recording Requested By
and when Recorded Mail to:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: City Clerk
SPECIAL ASSESSMENT DISTRICT
DISCLOSURE AGREEMENT
This Agreement entered into as of this day of
City of Carlsbad, a municipal corporation (“City”) and
a California limited liability company (“Developer”).
,2004 by and between the
7
WHEREAS, Developer has petitioned the City Council of the City to initiate and the City has
initiated proceedings for the formation of a special assessment district pursuant to the terms and
provisions of the “Municipal Improvement Act of 1913”, being Division 12 of the Streets and
Highways Code of the State of California, said special assessment district known and designated as
ASSESSMENT DISTRICT NO 2002-01 (POINSETTIA LANE EAST) (hereinafter referred to as the
“Assessment District”); and
WHEREAS, the City has adopted policies relating to the utilization of Assessment District
financing which require Developer to extinguish the lien on any parcel created as a result of the
confirmation of assessments of the Assessment District prior to the close of escrow on the sale of
such parcel to a residential home buyer unless Developer shall have provided full disclosure of the
existence of the assessment lien, the amount thereof, the annual assessment installments, the duration
of the assessment lien and such other information as may be required by the City, and has provided
the residential home buyer with the option to (a) take title subject to the applicable Assessment
District special assessment against their parcel, or (b) dmharge the special assessment obligation
prior to or concurrent with the close of such escrow; and
WHEREAS, the parties hereto have entered into this Disclosure Agreement to establish the
terms and conditions which must be satisfied by Developer should it desire to allow either residential
home buyers or nonresidential buyers to take title subject to the assessment obligation established for
any parcel or parcels within the Assessment District.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Special Assessment District Disclosure Agreement-3c February 4,2004
Section 2. Developer owns property proposed to be subject to assessment obligations
within the boundaries of the Assessment District. Developer’s property is described and set forth in
the attached, referenced and incorporated Exhibit “A”.
Section 3. The escrow for the sale to any residential home buyer of any lot or parcel,
including condominium unit, within the Assessment District shall not close or title to such parcel be
otherwise conveyed to such residential home buyer without first causing the assessment lien created
as a result of the confirmation of the Assessment District, if any, on such parcel to be extinguished
except as provided for herein below.
Section 4. An assessment lien on a parcel within the Assessment District proposed to be
sold by the Developer to a homeowner in the case of a residential parcel or an end user in the case of
a nonresidential parcel need not be extinguished prior to the close of the escrow for the sale if
Developer shall have given such buyer or buyers of such parcel a copy of the Notice of Special
Assessment and Pre-Payment Option Election applicable to such parcel, the form of which is
attached hereto as Exhibit “By’ and incorporated herein by this reference, and such Notice shall have
been duly executed by such buyer or buyers and deposited into escrow.
Section 5. Developer shall incorporate the amount of assessment lien into the advertised
sales price of the home or the sales price of nonresidential property and clearly disclose the pass-
through option in any sales literature. Sales literature for this purpose shall not be deemed to include
media advertising, billboards, signs or other like advertisements. In addition, notice of the
assessment in a form and size similar to Exhibit “C” shall be prominently displayed in all sales
offices offering residential units for sale that are subject to the Assessment District lien.
Section 6. This obligation shall be binding on all heirs, assigns or successors-in-interest
of the parties hereto, and the City shall cause a copy of this Agreement to be recorded in the Office
of the County Recorder upon its execution.
Special Assessment District Disclosure Agreement-3d 2 February 4,2004
Section 7. Developer shall indemnify and hold harmless the City of Carlsbad from any
claims arising out of Developer’s failure to adequately perform under the provisions of this
Agreement .
IN WITNES WHEREOF, the parties hereto have executed this Agreement on the day of
,2004.
CITY OF CARLSBAD
State of California
By:
Claude A. Lewis, Mayor
(All signatures must be notarized)
Special Assessment District Disclosure Agreement-3d
a California limited
liability company
By: its Manager
By:
Name:
By:
Name:
3 February 4,2004
STATE OF CALIFORNIA
COUNTY OF
ss.
On before me, ,a
notary public in and for said State, personally appeared 9
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA
ss.
COUNTY OF 1
On before me, ,a
notary public in and for said State, personally appeared 9
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WlTNESS my hand and official seal.
Signature
Special Assessment District Disclosure Agreement-3c 4
(Seal)
February 4,2004
EXHIBIT A
DESCRIPTION OF SUBJECT PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
[To Come]
Special Assessment District Disclosure Agreement-3c 5 February 4,2004
EXHIBlT B
NOTICE OF SPECIAL ASSESSMENT AND PRE-PAYMENT OPTION ELECTION
Assessment District No. 2002-01
(Poinsettia Lane East)
of the City of Carlsbad
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Lot Number:
Tract Number:
Street Address:
Estimated Original Assessment Lien: $
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.
This property is within the above-named assessment district. The City of Carlsbad
has issued bonds for the Assessment District to finance the acquisition or construction of certain
public improvements that are of direct and special benefit to property within the assessment district.
The bonds will be repaid from annual assessment installments on property within the assessment
district .
The property is subject to annual assessment installments of the assessment district
that will appear on your property tax bills, but which are in addition to the regular property taxes
and any other charges and levies that will be listed on the property tax bill. If you fail to pay
assessment installments when due each year, the property may be foreclosed upon and sold.
The annual assessment installment against this property for the - tax year is
dollars ($-). Assessment installments will be collected each year on your property tax
bill in semi-annual installments until the assessment bonds are repaid in tax year - .
The public facilities that are being paid for by the money received from the sale of bonds that are
being repaid by the assessments are:
Roadway improvements to Poinsettia Lane, El Fuerte Street and El Camino Real
generally consisting of grading and paving of streets, installation of curbs, gutters,
sidewalks, signing and striping, storm drainage pipelines and other facilities, water, sewer
Special Assessment District Disclosure Agreement-3c 6 February 4,2004
and reclaimed water mains, dry utilities, environmental mitigation, landscaping of
medians, parkways and adjacent slopes and other appurtenant works; and
These facilities may not yet have all been constructed or acquired and it is possible that some of
such facilities may never be constructed or acquired.
YOU SHOULD TAKE THIS ASSESSMENT AND THE BENEFITS FROM THE
PUBLIC FAClLlTES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO
BUY THIS PROPERTY.
YOU MAY OBTAIN A COPY OF THE RESOLUTION CONFIRMING
ASSESSMENTS (RESOLUTION NO. 2004- ) THAT SPECIFIES MORE PRECISELY
HOW THE ASSESSMENTS ARE APPORTIONED AMONG PROPERTIES IN THE
ASSESSMENT DISTRICT FROM THE ClTY OF CARLSBAD BY CALLING (760
OR ON THE CITY WEBSJTE AT WWW.CI.CARLSBAD.CA.US. THERE MAY BE A
CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE ESTIMATED REASONABLE
COST OF PROVIDING THE DOCUMENT.
1
PRE-PAYMENT OPTION ELECTION
When you purchase the property, you will be solely responsible for the payment of
the assessment. Prior to the close of escrow, you have the option to elect to either (a) pay off the
assessment obligation in semi-annual assessment installments (“Option (a)”) during the term of
the bonds or (b) pre-pay the entire assessment obligation at the close of escrow on the sale of the
property to you in order to extinguish the assessment lien (“Option (b)”).
If you elect Option (a) the assessment on the property will be collected in semi-
annual installments which will be included in the property tax bill for the property. The annual
assessment installments are estimated to be approximately $ per year to be collected through
tax year - . In the event you elect Option (b), the amount required to pay-off the
assessment in order to extinguish the assessment lien will be determined at the close of escrow.
Special Assessment District Disclosure Agreement-3c 7 February 4,2004 a9
RECEIPT, ACKNOWLEDGEMENT AND PAYMENT OPTION ELECTION
By signing this Notice, Buyer acknowledges that:
1. The property that Buyer is purchasing is located within the boundaries of Assessment
District No. 2002-01 (Poinsettia Lane East).
2. Buyer has had an opportunity to read and review this Notice, and has received a copy of
this Notice prior to opening escrow for the purchase of the property, or, if received after
the opening of such escrow, with sufficient time for Buyer to make any reasonable
inquiries that Buyer deems necessary regarding the assessment against the property prior
to the close of escrow.
Buyer understands that Buyer may terminate the contract to purchase or deposit receipt after
receiving this notice from the owner or agent selling the property. The contract may be
terminated within three days if the notice was received in person or within five days after it
was deposited in the mail by giving written notice of that termination to the owner or agent
selling the property.
3. Buyer hereby elects the following option (check one):
(a) pay the assessment in annual installments estimated to be approximately $ per
year through the tax year - .
(b) pay-off the entire assessment lien at one time at the close of escrow for the Property.
The amount will be determined in escrow. The pay-off amount may include prepayment
penalties, interest charges and other charges related to the calculation and administration
of such pay-off so that such pay-off amount may exceed the original assessment lien
amount.
4. If Buyer elects Option (a), Buyer assumes the assessment against the property, and will be
solely responsible for the payment of assessment installments for such assessment for as
long as the Buyer owns the property and Seller shall have no liability for such payment.
Further Buyer agrees to the amount and purpose of the assessment on the property and
that Buyer forever waives any right of complaint or protest to the City pertaining to the
nature, extent, duration and amount of the assessment against the property.
Notwithstanding Buyer’s election of Option (a) at this time, Buyer may pay the entire
assessment at any time in the future if Buyer so chooses. The future pay-off amount may
also include prepayment penalties, interest charges and other charges related to the
calculation and administration of such pay-off.
Special Assessment District Disclosure Agreement-3c 8 February 4,2004
BUYER
Name (Please Print) Signature Date
Name (Please Print) Signature Date
A COPY OF THIS EXECUTED NOTICE OF SPECIAL ASSESSMENT AND PRE-
PAYMENT OPTION ELECTION SHALL BE PROVIDED TO THE FINANCE
DIRECTOR OF THE CITY AT THE CLOSE OF ESCROW.
Please mail executed copy to: Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Special Assessment District Disclosure Agreement-3c 9 February 4,2004
31
EXHIBIT C
(Example - Use Font size 30 for heading and 20 for text)
NOTICE OF SPECIAL TAXES
AND ASSESSMENTS
The homes being sold in (name of development) are
within Carlsbad Assessment District No. 2002-01
(Poinsettia Lane East), the Carlsbad Unified School
District Community Facilities District No.
San Marcos Unified School District Community Facilities
District No. and are subject to an assessment lien
and special taxes. This may require the homeowner to
make semi- annual payments of asses sment installments
and special taxes over a term of 30 or more years. The
payments are made at the same time and in the same
manner as your property taxes. More information can be
found in the Notice of Special Assessment and Pre-
Payment Option Election form and the Notice of Special
Tax, both of which must be read and signed prior to
purchasing a (name of Development) home. Your sales
representative will provide a copy of these Notices and is
available to answer questions.
and the
Special Assessment District Disclosure Agreement-3c 10 February 4,2004
Price Sheet
First home
Second home
Third home
Fourth home
Notice: The homes being sold in (name of development)
are within Assessment District No. 2002-01 (Poinsettia
Lane East) and are subject to an assessment lien of
approximately $
homeowner to make annual payments of approximately
$
information can be found in the Notice of Special
Assessment and Pre-Payment Option Election form.
Please see your sales representative for a copy of the
Notice.
. This may require the
over a term of 30 or more years. More
Special Assessment District Disclosure Agreement-3c 11 February 4,2004
33
EXHIBIT 5
FINAL ENGINEER’S REPORT
dated March 29,2004
FINAL
ENGINEER’S REPORT
FOR
ASSESSMENT DISTRICT NO. 2002-01
(POINSETTIA LANE EAST)
CITY OF CARLSBAD
SAN DIEGO COUNTY
CALIFORNIA
March 29, 2004
Prepared By:
Galen N. Peterson, Consulting Engineer
San Diego, CA
(858) 487-7000
Assessment District No. 2002-0 1
(Poinsettia Lane East)
TABLE OF CONTENTS
S ECTlO N PAGE
INTRODUCTION AND CERTIFICATIONS i
PART I Plans and Specifications 1
PART II Cost Estimates 3
PART Ill Assessment Roll and Method of Assessment Spread 5
PART IV Annual Administrative Assessment 27
PART V Diagram of Assessment District 28
PART VI Description of Improvements and Right-of-way Certificate 32
Appendix A - Resolution of Intention
Appendix B - Acquisition/Financing Agreement between City and Developers
Appendix C - Environmental Certification
Appendix D - Property Owners List
Appendix E - Detailed Cost Information
Appendix F - Detailed Spread Information
Appendix G - Assessment Engineer’s Qualifications
Appendix H - Exhibits of Improvements
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page i
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 2002-01 (Poinsettia Lane East)
TO: CITY COUNCIL
ENGINEER’S “REPORT” PURSUANT TO THE
PROVISIONS OF SECTION 10204
OF THE STREETS AND HIGHWAYS CODE
Pursuant to the provisions of the Municipal Improvement Act of 1913, being
Division 12 of the Streets and Highways Code of the State of California (the
“Improvement Act”), Article XlllD of the Constitution of the State of California
(“Article XlllD”), and Proposition 21 8 Omnibus Implementation Act, Section
53750 and following of the Government Code (the “Implementation Act”) (the
Improvement Act, Article XIIID, and the Implementation Act are collectively
referred to as the “Assessment Law”), and in accordance with City of Carlsbad
Policy 33, and the Resolution of Intention, being Resolution No. 2004-057
adopted by the City Council of the City of Carlsbad, State of California, in
connection with the proceedings for;
Assessment District No. 2002-01 (Poinsettia Lane East),
(hereinafter referred to as the “Assessment District”), I, GALEN N. PETERSON,
P.E. , Registered Professional Engineer, the duly appointed Assessment
Engineer, submits herewith the “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
nature, location and extent of the proposed improvements to be constructed or
acquired. The plans and specifications are referenced herein and made a part
hereof. Said plans and specifications are on file in the Office of the
Superintendent of Streets /City Engineer.
Part II
This part contains an estimate of the costs of the improvements, including
capitalized interest, incidental costs and expenses in connection therewith as set
forth in Exhibit 1 attached hereto.
37
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page ii
Part 111
This part consists of a proposed assessment of the total amount of the costs and
expenses of the proposed improvements upon the several subdivisions of land
within the Assessment District, in proportion to the estimated special benefits to
be received by such subdivisions from said improvements, as set forth upon the
assessment roll filed herewith and made a part hereof.
Part IV
This part contains the proposed maximum annual administrative assessment to
be levied upon each subdivision or parcel of land within the Assessment District
to pay the costs incurred by the City of Carlsbad, and not otherwise reimbursed,
resulting from the administration and collection of assessments or from the
administration and registration of any associated bonds and reserve or other
related funds.
Part V
This part contains a map showing the boundaries of the Assessment District,
and a diagram showing the Assessment District, the boundaries and the
dimensions of the subdivisions of land within said Assessment District, as the
same existed at the time of the passage of the Resolution of Intention, is filed
herewith and made a part hereof, and a part of the Assessment District Report.
Part VI
This part consists of a detailed description of the improvements to be funded by
the Assessment District and a right-of-way certificate certifying the status of the
right-of-way accepted or to be accepted by the City of Carlsbad.
This Report does not purport to contain all the terms associated with the
acquisition, construction and financing of the improvements in the Assessment
District. Some of the terms associated with the acquisition, construction and
financing of the improvements in the Assessment District are set forth in an
agreement dated January 21,2003, between the City of Carlsbad and Lennar
Bressi Ranch Venture, LLC, a California limited liability company, and Real
Estate Collateral Management Company, a Delaware corporation, as it may be
amended from time to time (the “Acquisition / Financing Agreement”) (see
Appendix 6). To the extent that there are inconsistencies between the terms in
the Acquisition / Financing Agreement and the terms in this Report, the terms in
this Report shall prevail.
City of Carlsbad - Assessment Distrkt No. 2002-01 (Polnsettia Lane East) Page iii - ._.
200 4- 44 This Report is submitted on the 29 day of, M#XL~
ASSESSMENT ENGINEER CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
Preliminary approval by the CITY COUNCIL of the CITY OF CARLSBAD, SAN DIEGO COUNW, CALIFORNIA, on the I 7 day of
,+-?, zoo*.
NE M. WOOD, CITY CLERK
Final approval by the CITY COUNCIL of the CITY OF CARLSBAD, SAN DIEGO
COUNTY, CAlIFORNlA, on the # t?d day of MA ZJ
200&
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 1
Part I
Plans and Specifications
The plans and specifications for the improvements to be constructed and/or
acquired which generally include grading, roadway, utility relocation, landscape
and irrigation, storm drainage facilities, domestic potable water system, recycled
water system, sewer system, dry utilities and other ancillary improvements for the
area described as Assessment District 2002-01 (Poinsettia Lane East) are
referenced herein and incorporated as if attached and a part of this Report.
Said plans include:
I) Poinsettia Lane from El Camino Real easterly to connect to the existing
terminus of Poinsettia Lane at the westerly boundary of Rancho Carrillo
including transition pavement lanes and appurtenances on El Camino Real as
shown on Drawing No. 397-2H, consisting of 24 sheets, Drawing No. 397-21,
consisting of 71 sheets, Drawing No. 397-2J, consisting of 11 sheets, and
Drawing No. 397-2K, consisting of 36 sheets.
2) El Fuerte Street from Palomar Airport Road southerly to connect to the existing
terminus of El Fuerte Street at the southerly boundary of Bressi Ranch as
shown on Drawing No. 400-8EI consisting of 23 sheets, and Drawing No. 400-
8F, consisting of 19 sheets.
3) Widening of the east side of El Camino Real from Palomar Airport Road to the
southerly boundary of Bressi Ranch as shown on Drawing No. 400-8GI
consisting of 16 sheets, (Bressi Ranch portion).
4) Widening of the east side of El Camino Real from the southerly boundary of
Bressi Ranch southerly as shown on Drawing No. 397-2R, consisting of 7
sheets, (Greens portion).
The plans and specifications for the improvements are on file in the office of the
Superintendent of StreetdCity Engineer. Prior to acquiring the improvements, as-
built drawings will be reviewed for consistency with the plans upon which this
report was based.
Exhibits of facilities showing the general location of the improvements to be
constructed and/or acquired by the Assessment District are included in Appendix
H of this Report and described in Part VI, Description of Improvements, of this
Report. All improvements to be acquired shall be constructed in accordance with
the standards of the City of Carlsbad, Carlsbad Municipal Water District and other
agencies as appropriate. The payment of the purchase price for the acquisition of
any improvement will be governed by the terms and conditions of that certain
Acquisition/Financing Agreement dated as of January 21 , 2003, amongst the City,
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 2
Lennar Bressi Ranch Venture, LLC, and Real Estate Collateral Management
Company (collectively as the “Developers”)
The proposed improvements include:
1. Roadway Improvements. The construction and/or acquisition of
roadways generally consisting of the grading and paving of streets,
installation of driveways, curbs, gutters, sidewalks, medians, parkways,
street lights and conduits, signing and striping, storm drain, planting,
mitigation easement acquisition, environmental mitigation, landscape and
irrigation of medians, parkways, and adjacent slopes, traffic control and
utility relocation including relocation of sewer ma‘ins and other utilities
impacted by the grading and other appurtenant improvements.
2. Domestic Water Improvements. The construction and/or acquisition of a
backbone domestic water distribution system within the public right-of-way
including: hydrants, pressure reducing station and other appurtenances
necessary to serve the Assessment District area.
3. Sewer Improvements. The construction and/or acquisition of sewer mains,
manholes, and appurtenances within the public right-of-way to serve the
Assessment District area.
4. Recycled Water Improvements. The construction and/or acquisition of a
recycled water distribution system, and appurtenances for an irrigation
system within the public right-of-way to provide irrigation water to (i)
medians, parkways, and adjacent roadway slopes (in and adjacent to the
public streets and public easements) (ii) landscaped slopes and pocket
parks within the home owners association open space areas (iii)
landscaped areas of the public park (iv) landscaped areas of the school (v)
landscaped areas of the private school and (vi) landscaped areas of the
industrial section.
5. Dry Utility Improvements. The construction and/or acquisition of dry
utilities which are non-refundable or non-reimbursable by the utility agency
and which are located within the right-of-way in an amount which does not
exceed five percent (5%) of the amount of the bond issue. Such 5% limit
includes a proportionate share of the Costs of Formation and Issuance,
Capitalized Interest, Bond Discount and Bond Reserve, all as identified in
Exhibit 1 below.
The above improvements are more specifically described in Part VI of this Report.
Yl Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 3
Part II
Cost Estimates
The following table provides a summary of costs for constructing and/or acquiring
the improvements as identified in the description of improvements found in Part VI.
The Estimate of Costs includes construction costs, mitigation costs, design costs,
administration costs, incidentals expenses, financing costs, developer
contributions and the total amount to be assessed.
Details of the costs provided by Lennar Bressi Ranch Venture, LLC, and Real
Estate Collateral Management Company (the “Developers”) are shown in
Appendix E, Detailed Cost Information.
The cost estimate divides Poinsettia Lane into two segments. Segment I is from
El Camino Real easterly to the boundary of the Greens development and the
Bressi Ranch development (Greens portion) and also includes transition pavement
lanes and appurtenances on El Camino Real. Segment 2 is from the boundary of
the Greens development and the Bressi Ranch development easterly to connect to
the existing terminus of Poinsettia Lane at the westerly boundary of the Rancho
Carrillo development (Bressi Ranch portion).
The cost estimate also divides El Camino Real into two segments. El Camino
Real (Bressi Ranch portion) is from Palomar Airport Road southerly to the
boundary of the Bressi Ranch development. El Camino Real (Greens portion)
includes three reaches from the boundary of the Bressi Ranch development and
the Greens development southerly to Poinsettia Lane and also includes transition
pavement lanes and appurtenances on El Camino Real.
See Exhibit 1, on the following page, for a summary of the cost estimate.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 4
EXHIBIT 1
CITY OF CARLSBAD
(POINSETTIA LANE EAST)
ASSESSMENT DISTRICT NO. 2002-01
COST ESTIMATES
Preliminary. Confirmed
Assessment Assessment
1. Construction Cost of improvements (See Table 5, Appendix "F")
(1)
a. Poinsettia Lane, Segment 1 (Greens portion) $ 14,062,920.84 $14,062,920.84
b. Poinsettia Lane, Segment 2 (Bressi Ranch portion) $ 6,689,936.63 $ 6,689,936.63
c. El Fuerte Street $ 1 1,24 1 , 1 94.77 $1 1,241,194.77
d. El Camino Real (Bressi Ranch portion) $ 1,280,881.65 $ 1,280,881.65
e. El Camino Real (Greens portion) $ 1,720,357.34 $ 1,720.357.34
Subtotal of Construction $34,995,291.23 $34,995,291.23
2. Land & Right-of-way (included in item 1) $ -$ -
3. Cost of Formation and Issuance
b. Assessment Engineering $ 65,000.00 $ 85,000.00
c. Audit of Acquisition Costs $ 70,000.00 $ 80,000.00
d. Bond Counsel $ 65,000.00 $ 84,000.00
e. Appraisal $ 40,000.00 $ 50,000.00
f. Absorption Consultant $ 25,000.00 $ 14,000.00
g. Financial Advisor $ 50,000.00 $ 42,135.00
h. Official StatementlBond Printing $ 30,000.00 $ 20,000.00
i. FiscallPaying Agent $ 15,000.00 $ 1,200.00
j. City's Disclosure Counsel $ 35,000.00 $ 24,000.00
k. First 2 years additional Annual Administration Cost $ 40,000.00 $ 15,000.00
1. Contingency for both cost of issuance and construction $ 753,417.00 $ 773.082.00
Total Incidentals $ 1,288,417.00 $ 1,288,417.00
a. City Administration $ 100,000.00 $ 100,000.00
SUBTOTAL $ 36,283,708.23 $36,283,708.23
4. Less General Benefit Contributions (subtracted within item 1) $ -$ -
5. Less Special Benefit Contributions for public, non-profit and HOA parcels (2) $ (1,930,891.12) $ (1,930,891.12)
SUBTOTAL $34,352,817.1 1 $34,352,817.1 1
7. Less Interest Earned $ -$ -
8. Capitalized Interest (lyr @ 7% interest) $ 2,923,644.01 $ 2,923,644.01
9. Financing Costs
Bond Discount (1.75%) $ 730,911.00 $ 730,911.00
Bond Reserve (9%) $ 3,758.970.85 $ 3.758.970.85
GRAND TOTAL $41,766,342.97 $41,766,342.97
Notes:
(1) Net of General Benefit Contributions
(2) Includes contributions for public, non-profit, HOA parcels, Assessment No. 33 and a portion of No. 22 (for daycare)
Prepared by Galen N. Peterson March 29,2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5
Part 111
Assessment Roll and
Method of Assessment Spread
On February 17, 2004 the City Council of the City Of Carlsbad, State of California,
did, pursuant to the provisions of the Municipal Improvement Act of.1913,
(Division 12 of the Streets and Highways Code of the State of California), Article
XlllD of the Constitution of the State of California, and the Proposition 218
Omnibus Implementation Act (Section 53750 and following of the Government
Code) (collectively, the "Assessment Law"), and in accordance with City of
Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition
or construction of certain public improvements, together with appurtenances and
appurtenant work in connection therewith, in a special assessment district known
and designated as:
ASSESSMENT DISTRICT NO. 2002-01
(POINSETTIA LANE EAST)
(hereinafter referred to as the "Assessment District"); and
WHEREAS, said Resolution of Intention, as required by the Assessment Law,
did direct the Assessment Engineer to make and file a "Report", consisting of the
following as required by Section 10204 of the Act:
a. Plans and specifications for the improvements proposed to be acquired or
constructed in sufficient detail to show or describe the general nature, location
and extent of the improvements;
b. A general description of the improvements proposed to be acquired and any
property necessary or convenient for the operation of such improvements;
c. An estimate of the cost of the improvements and the costs of lands, right-of-
way, easements, and incidental expense in connection with the improvements;
d. Assessment Diagram showing the Assessment District exterior boundaries,
the boundaries of any benefit areas within the district and the lines and
dimensions of each parcel within the district and the benefit areas
therein existing at the time of the adoption of the resolution of Intention;
e. A proposed assessment of the costs and expenses of the improvements
levied upon the parcels within the boundaries of the Assessment
District in proportion to the estimated special benefits to be received by
each subdivision of property from the improvements;
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 6
f. The proposed maximum annual assessment to be levied upon each
subdivision or parcel of land within the Assessment District specially
benefiting from the improvements and for which the assessment is
unpaid to pay the costs incurred by the City and not otherwise
reimbursed resulting from the administration and collection of
assessments or from the administration and registration of any associated
bonds and reserve or other related funds.
For particulars, reference is made to the Resolution of Intention as previously
adopted a copy of which is included in Appendix "A" of this Report.
NOW, THEREFORE, I, GALEN N. PETERSON, pursuant to the Assessment
Law, do hereby submit the following:
1.
2.
Pursuant to the provisions of Assessment Law and the Resolution of
Intention, I have assessed the costs and expenses of the acquisition or
construction of the improvements 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 from the improvements. For particulars as to the
identification of said parcels, reference is made to the Assessment
Diagram, a copy of which is attached hereto.
As required by Assessment Law, a Diagram is attached, showing the
Assessment District and the benefit areas therein, as well as the
boundaries and dimensions of the respective parcels and
subdivisions of land within said District and the benefit areas therein as
the same existed at the time of the passage of said Resolution of
Intention, each of which subdivisions of land or parcels or lots
respectively have been given a separate number upon said Diagram and in
said Assessment Roll.
3. The subdivisions and parcels of land, the numbers therein as shown on the
respective Assessment Diagram as attached hereto, correspond with the
numbers as appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with
Division 10 of the Streets and Highways Code of the State of
California (the "Improvement Bond Act of 1915"), to represent all unpaid
assessments, which bonds shall be issued not to exceed the legal
maximum term as authorized by law, i.e., 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.
March 29, 2004 45 Prepared by Galen N. Peterson
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 7
5. By virtue of the authority contained in the Assessment Law and by further
direction and order of the legislative body, I hereby recommend the
following Assessment to cover the costs and expenses of the
acquisition or construction of the improvements for the Assessment
District based on the costs and expenses as set forth below:
As Prelim ina ri I y As Finally
Confirmed
Approved Approved and
Construction and Incidental Costs less $ 34,995,291.23 $ 34,995,291.23
General Benefit (1)
Formation and Issuance Expenses 1,288,417.00 1,288,417.00
Less Special Benefit Contributions (I ,930,891.12) (1,930,891.12)
Less Interest Earned
Capitalized Interest and Financing Costs 7,413,525.86 7,413,525.86
Total Assessment (2) $41,766,342.97 $41,766,342.97
Subtotal Benefit Area No. 1 (2) $29,417,441.97 $29,417,441 37
Subtotal Benefit Area No. 2 (2) $ 12,348,901.00 $12,348,901 .OO
Total Assessment (2) $41,766,342.97 $41,766,342.97
For particulars as to the individual assessments and their descriptions,
reference is made to Exhibits 2 and A attached hereto.
(1) The general benefit not assessed is associated with a portion of
Poinsettia Lane and El Fuerte as discussed in Exhibit A. An
amount equal to such general benefit will be contributed by the
developers as a deduction from the purchase price for improvements
to be acquired and not reimbursed from bond proceeds.
(2) Included in the total assessment are projected individual assessments representing the special benefit from the
improvements to be conferred on public parcels (such as the school
and park), non-profit organizations (such as open space parcels)
and home owner association parcels to be created by the future
subdivision of the existing parcels within the Assessment District.
Assessments apportioned to such parcels upon the creation thereof
will be contributed by the developers either as a deduction from the
purchase price for improvements to be acquired and not reimbursed
from bond proceeds or, if the purchase price for all improvements
has been paid at the time of creation of any such parcel, by a cash
contribution equal to the amount necessary to pay off any such
assessment.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 8
Summary of Developer Contributions to Off-Set
General Benefit and Special Benefit Assessments
Bressi La Costa
Ranch Greens
(Benefit (Benefit
Area No. 1) Area No. 2) Total
General Benefit
Poinsettia Lane - Segment 1, Street $ 219,539.28 $ 193,460.72 $ 413,000.00
Improvements
Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506.45 $ 174,000.00
Improvements
Total General Benefit $ 693,392.82 $ 274,967.18 $ 968,360.00
El Fuerte - Street Improvements $ 381,360.00 $ - 381,360.00
Special Benefit - Parcels Owned
by Public Agencies, Non-Profit
Organizations and Home Owners
Association (1 1
City Park $ - $ 460,797.79 $ 460,797.79
Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98
Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93
Home Owners Association (HOA) $ - 20,140.16 $ 20.140.16
Total Developer Contributions (1) $ 741,960.69 $ 782,540.24 $ 1,524,500.93
Notes:
(1) Additional future parcels which will be owned by Public Agencies, Non-Profit
Organizations or Home Owners Associations are identified in Appendix F and
the special benefits of these parcels will be apportioned at the time of subsequent subdivision of existing parcels. The assessments for these future
parcels will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from
bond proceeds or, if the purchase price for all improvements has been paid at
the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment.
6. The Method and Formula of SDread of Assessment is as set forth in
Exhibit "A", which is attached hereto, referenced and so incorporated
March 29, 2004 47 Prepared by Galen N. Peterson
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9
Assessment
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Exhibit 2 Assessment Roll
Land Use As Preliminarily As Finally
Planned Industrial
Planned Industrial
Planned Industrial
Planned Industrial
Planned Industrial
Single Family Development
Single Family Development
Single Family Development
Single Family Development & HOA
Single Family Development & HOA
Single Family Development
Single Family Development & HOA
Church, Day Care & School
Planned Industrial
Retail Office Multifamily. Assisted Living. Boys 8 Girls Club and Open Space
Open Space (OS)
OS (Assm'nt Contributed by Developer)
Open Space (OS)
Open Space (OS)
Open Space (OS)
Open Space (OS)
Open Space (OS)
Park (Assm'nt Contributed by Developer)
Single Family Development & School
Single Family Development
Open Space (OS)
HOA (Assm'nt Contributed by Developer)
Single Family Development
Open Space (OS)
Single Family Development
HOA (Assm'nt Contributed by Developer)
Multifamily (Affordable) (Assrn'nt Contributed by Developer)
TownhomelSingle Family Dev
Open Space (OS)
Open Space (OS)
HOA (Assm'nt Contributed by Developer)
Open Space (OS)
OS (Assm'nt Contributed by Developer)
Total
IndustrialIBusiness Park Church Day Care and TownhomesISingle Family Dev
Approved
133,110.09
1,487,685.30
2,832,724.07
2,619,254.43
1,741,701 50
2,493,790.47
1,526,810.49
2,417,449.94
1,802,430.14
2,155,046.02
815,981.03
2,319,874.24
1,250,040.1 6
74,691.03
5,746,853.07
1,127,846.77
3,053,281.02
2,357,989.35
2,746,861.05
5 1 2,367.86
2,550,554.95
41,766,342.97
Approved and
Confirmed
$ 133,110.09
$ 1,487,685.30
$ 2,832,724.07
$ 2,619,254.43
$ 1,741,701.50
$ 2,493,790.47
$ 1,526,810.49
$ 2,417,449.94
$ 1,802,430.14
$ 2,155,046.02
$ 815,981.03
$ 2,319,874.24
$ 1,250,040.16
$ 74,691.03
$ 5,746,853.07
$
$
$
$
$
$
$ 1,127,846.77
$
$
$ 3,053,281.02
$ 2,357,989.35
$
$
$ 2,746,861.05
$
$ 512,367.86
$
$
$ 2,550,554.95
$
$
$
$
$
$ 41,766,342.97
Prepared by Galen N. Peterson March 29, 2004 YQ
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10
EXHIBIT A
METHOD AND FORMULA OF ASSESSMENT SPREAD
Since the improvements are to be funded by the levying of assessments, the
Assessment Law requires that assessments be based on the special benefit that
the properties receive from the improvements. In addition, the Assessment Law
provides that a parcel's assessment may not exceed the reasonable,cost of the
proportional special benefit conferred on that parcel. Further, only special
benefits are assessable and the local agency levying the assessment must
separate the general benefits from the special benefits. All publicly owned
property must be assessed if it specially benefits from the improvements.
The Assessment Law does not specify the method or formula that should be
used to apportion the costs to properties in any special assessment district
proceedings. The responsibility for recommending an apportionment of the costs to
properties, which specially benefit from the improvements rests with the
Assessment Engineer, who is appointed for the purpose of making an analysis of
the facts and determining the correct apportionment of the assessment obligation.
In order to apportion the assessments to each parcel in direct proportion with the
special benefit which it will receive from the improvements, an in-depth analysis
has been completed and is used as the basis for apportioning costs to each
property within the Assessment District as explained below.
Based upon an analysis of the special benefit to be received by each parcel
from the improvements, the Assessment Engineer recommends the
apportionment of costs as outlined herein. The final authority and action rests with
the City Council after hearing all testimony and evidence presented at a public
hearing, and the tabulation of the assessment ballots previously mailed to all record
owners of property within the Assessment District. Upon the conclusion of the public
hearing, the City Council must make the final determination whether or not the
assessment spread has been made in direct proportion to the special benefits
to be received by each parcel within the Assessment District. Assessment ballot
tabulation will be finalized at that time and, if a majority of the assessment ballots
received prior to the close of the public hearing weighted by assessment amount
are not opposed to the levy of the assessments, then the City Council may confirm
the levy of the assessments.
The following sections define and explain the special benefits and general
benefits, and set forth the methodology used to apportion the costs of the
improvements providing special benefits to each parcel, and confirm that the
assessments are reasonable and justified.
The Method of Apportionment
The Assessment District improvements have been assigned into six benefit
components; roadway, potable water, recycled water, sewer, dry utilities and
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11
incidental expenses. Roadway improvement costs are spread on vehicle average
daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread
on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to
the roadway and specific parcels based on the amount of recycled water used for
the irrigation of each roadway and specific parcel. The incidental expenses have
been based on either the actual cost to each component of the improvements or if
the incidental costs apply to all such components then to the prorated construction
cost of each such component.
Because some of the assessor parcel boundaries do not coincide with the Village
Planning Areas or Neighborhoods, some initial assessments will be placed in
aggregate on multiple assessor parcels until final maps are recorded and the new
assessor parcels coincide with the Village Planning Areas or Neighborhoods as
applicable.
The procedure of identifying and apportioning special benefit to the land uses and
parcels has been organized as follows:
A. Identification of Benefit Components
A-1 Backbone Roadway Improvement Components
A-2 Backbone Potable Water and Sewer Improvement Components
A-3 Backbone Recycled Water Improvement Components
A-4 Backbone Dry Utilities Improvement Components
A-5 Incidental Expenses Components
B. Special Benefits
C. General Benefits
D. Proportioning Special Benefits
D-I Land Use Categories
D-2 Proportionate Special Benefit of Roadway Improvements
0-3 Proportionate Special Benefit of Utility Improvements
D-4 Proportioning Formation, Issuance and Financing Costs
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12
E. Proclamations
E-I Assessments Equal to or Less Than the Proportional Special Benefits
E-2 Reasonableness and Justification of Assessments
E-3 Future Apportionment
A. IDENTIFICATION OF BENEFIT COMPONENTS
The improvements to be acquired or constructed by the City from the proceeds of
bonds issued for each benefit area of the Assessment District are necessary for
development of the Assessment District parcels and are required by the Villages of
La Costa (The Greens) and by the Bressi Ranch Master Plans and the
conditions of development as set forth in the land use entitlements approved
by the City for each benefit area. Without the improvements, the parcels within
the Assessment District cannot be developed to their planned ultimate uses
pursuant to such land use entitlements.
It is unfeasible and impractical for the parcels to be utilized to their highest and best
use without the backbone roadways and utilities that will be funded by the
Assessment District.
A-I Backbone Roadway Improvement Components
The foremost purpose of the Assessment District is to provide financing for the
backbone road access so the Assessment District parcels can be
developed. The most significant and costly improvement is the work
associated with the road construction. The road construction has created the
need to relocate sewer mains and utilities, re-establish habitat areas, and
install landscaping to protect the roadway slopes. The road construction has
also created the need to construct storm drains to protect the roadway and to
relocate other facilities and provide mitigation areas that would not have
othetwise been necessary if the road was not constructed. The road and
associated costs have been placed into one roadway improvement component
for the purpose of defining the roadway costs and apportioning special benefit.
A percentage of the cost of the backbone recycled water distribution system
has been spread in the same manner as the roadway expenses. This portion
of the recycled water system improvements will provide an irrigation water
system for the roadway landscaping.
The roadway improvement component includes: Poinsettia Lane, El Fuerte, El
Camino Real, relocation of utilities, establishment of habitat mitigation
areas, and a portion of the recycled water system to serve the roadway
landscaping.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13
A-2 Backbone Potable Water and Sewer Improvement Components
Coincidental to the roadway improvements is the necessity to construct certain
backbone utility improvements within the roadway right of way concurrently
with construction of the roadway improvements. These improvements confer a
different special benefit to the properties than the special benefit conferred by
the roadway improvements. Therefore potable water and sewer (other than
relocated facilities for the roadway costs) have been separated into wet utility
components for purposes of defining special benefits and allocating the costs
of such components.
A-3 Backbone Recycled Water Improvement Components
Coincidental to the roadway improvements is the necessity to construct certain
backbone recycled water improvements within the roadway right of way
concurrently with construction of the roadway improvements. A percentage of
these improvements confer a different special benefit to the properties than
the special benefit conferred by the roadway improvements based on where
the recycled water will be used. The recycled water facilities have been
separated into a separate component for purposes of defining special benefits
and allocating the costs of such components.
A4 Backbone Dry Utilities Improvement Components
Coincidental to the roadway improvements is the necessity to construct certain
backbone dry utility improvements within the roadway right of way concurrently
with construction of the roadway improvements. These improvements confer a
different special benefit to the properties than the special benefit conferred by
the roadway improvements. Therefore the dry utilities have been separated
into a separate component for purposes of defining special benefits and
allocating the costs of such components.
A -5 Incidental Expense Components
In addition to the improvement costs, there are incidental construction
administration and Assessment District formation expenses. These costs
include, but are not limited to: construction administration, construction
supervision, design, testing, surveying, assessment engineering, audit of
acquisition costs, financial advisors, appraisals, bond counsel, underwriting,
official statement printing, financing cost and establishment of a bond reserve
fund. The costs of the formation of the Assessment District, including the costs
of issuance, have been determined to be eligible for inclusion and are
included in the Assessment District incidental costs. Some of these costs can
be assigned directly to one of the benefit components as shown in Appendix
“E”. Other costs that cannot be assigned directly to one of the benefit
Prepared by Galen N. Peterson
___
March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14
components have been prorated to each assessment number in accordance
with that assessment number’s share of the construction cost.
B. SPECIAL BENEFITS
The purpose of this Assessment District is to fund the construction and
acquisition of public improvements required to serve the Assessment District
parcels. Special benefit is received by each parcel within the boundaries of the
Assessment District from new roadway access and the availability of utility
services that are required and necessary for the properties to develop to their highest
and best use in accordance with and as permitted by the approved land use
entitlements.
The improvements to be constructed and/or acquired by the District
accommodate the planned development within the Assessment District area in
accordance with the approved land use entitlements. The Villages of La Costa (The
Greens) and the Bressi Ranch Specific Plan environmental documents and the
Tentative Map identify the need for access and utilities, and place conditions
upon the parcels within the Assessment District to provide those improvements.
The Assessment District Improvements satisfy the conditions of development by
providing access and backbone utilities so the projects can support their planned
uses. Without the improvements, the parcels within the Assessment District could
not be developed to their planned and conditionally approved uses.
The special benefit conferred on the parcels within the Assessment District from
the proposed improvements include: increased development potential, relief from
access constraints, improved accessibility to utilities, fulfillment of development
conditions and ensured investment returns. The special benefit to each parcel is
such that the parcels will be allowed to gain access to a public street network and
have water, sewer, recycled water and dry utilities readily available, thereby allowing
them to develop to their highest potential.
Special benefit accrues to each parcel to be subdivided and served by the
improvements to be constructed. Since some of the areas within the Assessment
District have not been subdivided into individual lots at this time, the
assessments will be placed in aggregate on one or more existing assessor
parcels and apportionment of the assessments will take place as final maps record.
C. GENERAL BENEFITS
Some public improvements will confer general benefit to properties or the public at
large outside the Assessment District. In making an analysis, a review was
conducted of the surrounding areas. The review resulted in identifying general
benefits that accrued to properties outside the Assessment District.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15
Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia
Lane did not exist east of El Camino Real. Four lanes are proposed to be
constructed. Two lanes are required to serve the estimated volume of traffic
generated by the Assessment District parcels. Two center lanes (one in each
direction) are required for through traffic originating outside of the Assessment
District. The costs associated with the construction and placement of the asphalt
and base for the two center lanes have been determined to be a general
benefit and will not be assessed to parcels within the Assessment District.
El Fuerte Street is designated as a secondary arterial roadway and will be
constructed from Palomar Airport Road south to connect to the existing terminus
of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are
proposed to be constructed. Two lanes are required to serve the estimated
volume of traffic generated by the Assessment District parcels. Two center
lanes (one in each direction) are required for through traffic originating outside of
the Assessment District. The costs associated with the construction and
placement of the asphalt and base for the two center lanes have been
determined to be a general benefit and will not be assessed to parcels within the
Assessment District.
Based on the estimated roadway construction costs, the cost of the roadway
base and asphalt pavement to provide the two center lanes for both Poinsettia
Lane and El Fuerte Street is approximately $968,360. The grading beneath
the two center lanes of each roadway benefits the Assessment District
because it provides lateral support to the Assessment District paved lanes. This
grading can not be eliminated from the overall roadway grading without
constructing retaining walls that would unreasonably increase the Assessment
District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading
provides special benefit to the Assessment District Properties.
D. PROPORTIONING SPECIAL BENEFITS
D-I Land Use Categories
The following land use categories are included in the Assessment District:
planned industrial, business park, community retail, office, single-family
detached and single-family attached residential, apartments (affordable
housing), assisted living, daycare center, boys and girls club, church, school,
home owners association recreation areas, park and open space.
Except for the irrigated areas in Assessment Numbers 17 and 39
(Village Green OS-2 and open space lot 34), the non-active and
undeveloped open space areas do not receive special benefit from the
works of improvements and will not be assessed. Open space areas are
those areas that are deeded or perpetually designated in easements.
March 29,2004 5J Prepared by Galen N. Peterson
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16
D-2 Proportionate Special Benefit of Roadway Improvements
Trip Generation Factors for Roadway Improvements
The use of and need for roadway improvements is a function of the
number of vehicle trips per day generated by the use of the land
served by the streets. Traffic engineers have developed traffic
generation factors, which are related to development density and type
of land use. Therefore, trip generation is an appropriate basis for
apportioning roadway improvements and related costs among the
specially benefited parcels. The trip generation factors will be estimated
from the July 1998, SANDAG Trip Generation Manual and weighted as
exp I a i ned be low.
SANDAG categorizes trips as primary, diverted and pass-by. This
analysis uses only the primary trip percentages for the non-residential
land use categories to avoid double counting of the residential trips.
Sinqle Familv Detached Trip Generation
The Average Daily Trips (ADT) per detached single-family dwelling is 10
ADT. The Assessment District single-family dwelling product types are
similar to the SANDAG study areas.
Single Familv Attached Trip Generation
The Average Daily Trips per attached dwelling unit or for a condominium
unit is 8 ADT.
Affordable Housing (Bressi Ranch) Trip Generation
The Average Daily Trips for each affordable housing unit, based on the
formula in footnote R of the 1998 SANDAG Trip Generation Manual, is
6.4ADT (-2.169 Ln(100 unitd5.13 ac) + 12.85).
Apartment Affordable Housing (Greens) Trip Generation
The Average Daily Trips for each affordable housing unit, based on the
1998 SANDAG Trip Generation Manual for apartments, is 6 ADT.
Assisted Living TriD Generation
The Average Daily Trips for each assisted living room, based on 1998
SANDAG Trip Generation Manual for congregate care facility, is 2 ADT.
Industrial Trip Generation
The Average Daily Trips for industrial park is 80 ADT per net acre. The
primary trip percentage for industrial park is 79%.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17
Communitv Retail Trip Generation
The Average Daily Trips for commercial shops - specialty retaiktrip
commercial is 40 ADT per 1,000 square feet. The primary trip
percentage for this land use is 45%.
Office Trip Generation
The Average Daily Trips for corporate headquarters office is 7 ADT per
1,000 square feet. The primary trip percentage for this land use is 82%.
School Trip Generation
The Average Daily Trips for an elementary school is 60 ADT per net acre.
The primary trip percentage for an elementary school site is 57%.
Church Trip Generation
The Average Daily Trips for a church is 30 ADT per net acre. The primary
trip percentage for a church site is 64%.
Dav Care Trip Generation
The Average Daily Trips rates for day care use is 80 ADT per 1,000
square feet. The Floor Area Ratio for the day care sites is estimated at
0.1 of building per net land area. Therefore, the 80 ADT per 1,000
square feet is equivalent to approximately 348 ADT per net acre (80
times 43,560/1,000 times 0.1). The primary trip percentage for a day
care is 28%.
Bovs & Girls Club Trip Generation
The Average Daily Trips for a multi-purpose recreational facility is 90 ADT
per net acre. The primary trip percentage for this land use is 52%.
Home Owners Association Recreation Areas Trip Generation
The Average Daily Trips generation for the home owner’s association
(HOA) recreation areas, which is equivalent to a neighborhood park,
is 5 ADT per net acre. In order to avoid double counting the residential
trips, the primary trip percentage used for external trips is 25%. The
HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8
and 1.9 ADT per site, respectively. The three HOA areas in Planning
Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit
Area No. I were assigned 13.9 ADT. The Village Square area in
Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT.
Park Trip Generation
The Average Daily Trips generation for a regional park is 20 ADT per
net acre. The primary trip percentage for a regional park is 66%.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18
Road
Poinsettia Lane
Weighted Benefit by Land Use for Roadway Improvements
Relative Benefit
Residential
Industrial Commercial and Other
0.4 0.7 1 .o
The geographic concentration and placement of major land uses
(residential, commercial retail and office, and industrial) within the
Assessment District boundaries indicates that their impact on, hence
their special benefits from, the roadway improvements are not uniform
and should be weighted. The results of a study performed by Urban
Systems, Inc. shown at the end of Appendix “F” indicates that the
relative weighting for industrial and commercial land use compared to
residential land uses on each roadway improvements is as follows:
El Fuerte
El Camino Real
0.2 0.8 I .o
0.6 0.5 1 .o
These weights were applied to the ADT generation factors discussed
above in order to arrive at an allocable share for each of the three
roadway improvement costs. The costs for each of the roadway
improvements were allocated only to the assessment numbers that
specially benefit from such roadway improvements as set forth below:
Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all
assessment numbers in the Assessment District. Therefore, Poinsettia Lane
roadway costs were allocated to all assessment numbers based on the ADT
generation factors and weighting applicable to Poinsettia Lane.
El Fuerte - El Fuerte roadway costs specially benefit only assessment
numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated
only to assessment numbers 1 through 21 based on the ADT generation
factors and weighting applicable to El Fuerte.
El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch
portion) roadway costs specially benefit only assessment numbers 1 through
21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were
allocated only to assessment numbers 1 through 21 based on the ADT
generation factors and weighting applicable to El Camino Real (Bressi Ranch
portion).
El Camino Real (Greens portion) - El Camino Real (Greens portion)
roadway costs specially benefit only assessment numbers 22 through 39.
Prepared by Galen N. Peterson March 29,2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19
Land Use
Single Family Detached
Therefore, El Camino Real (Greens portion) roadway costs were allocated
only to assessment numbers 22 through 39 based on the ADT generation
factors and weighting applicable to El Camino Real (Greens portion).
Potable Water and Sewer Usaqe
550 gallons / day
D-3 Proportionate Special Benefit of Utility Improvements
~~ ~
Single Family Detached
Single Family Attached
Non Residential
1.0 EDU / Unit
0.5 EDU / Unit
4.2 EDU / 10,000 SF
-
The most pertinent and reasonable utility improvement special benefit
variable is average daily demand. The detached single family home will
be the basic equivalence for measuring demand to other land use
categories.
Potable Water and Sewer
Water and sewer demand was obtained from the 2002 update of the
City of Carlsbad Water Master Plan. A summary of the water and
sewer usage is shown below:
I Single Family Attached I 250 gallons / day I 1 Non Residential I 2,300 gallons / 10,000 SF /day 1
A single family detached unit has been assigned an equivalent dwelling
unit (EDU) weight of 1 .O EDU. By converting the gallons per day to EDU
we arrive at the following table:
Land Use Potable Water and Sewer EDU
The City of Carlsbad Water Master Plan estimates water demand for
park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons
per acre per day (2.5 x 43,560 x 7.481365). Potable water demand for
park is estimated as 10% of the demand for recycled water for irrigation,
resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20
Homeowner association (HOA) lots water usage was estimated based on
the characteristics of the parcels and their expected land use. The HOA
lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08
and 1.43 EDU per site, respectively. The three HOA areas in Planning
Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit
Area No. I were assigned 3.8 EDU. The Village Square area in
Planning Area 15 within Benefit Area No. I was assigned 1 .O EDU.
The Assessment Diagram identifies two benefit zones for sewer
improvements. Sewer Zone A includes all of the Assessment District parcels
that benefit from the sewer improvements. Sewer Zone B includes the
remaining Assessment District parcels that do not benefit from the sewer
improvements.
The water and sewer costs for new facilities (sewer relocation related to
the construction of the road was allocated with the street costs) related
to each street segment were allocated only to the assessment numbers
that specially benefit from such water and sewer costs as set forth
below:
Poinsettia Lane Segment 1 - Poinsettia Lane Segment 1 water costs
specially benefit only assessment numbers 22 through 39. Therefore,
Poinsettia Lane Segment 1 water costs were allocated only to assessment
numbers 22 through 39 based on the applicable EDU factors.
Poinsettia Lane Segment 2 - Poinsettia Lane Segment 2 water costs
specially benefit only assessment numbers 1 through 21. Therefore,
Poinsettia Lane Segment 2 water costs were allocated only to assessment
numbers 1 through 21 based on the applicable EDU factors.
El Fuerte - El Fuerte water costs specially benefit only assessment numbers
1 through 21. Therefore, El Fuerte water costs were allocated only to
assessment numbers 1 through 21 based on the applicable EDU factors.
El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch
portion) water costs specially benefit only assessment numbers 1 through
21. Therefore, El Camino Real (Bressi Ranch portion) water costs were
allocated only to assessment numbers 1 through 21 based on the applicable
EDU factors.
El Camino Real (Greens portion) - El Camino Real (Greens portion) water
costs specially benefit only assessment numbers 22 through 39. Therefore,
El Camino Real (Greens portion) water costs were allocated only to
assessment numbers 22 through 39 based on the applicable EDU factors.
59 Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 21
Land Use Category
Sewer costs benefit only assessment numbers in Sewer Zone A, as shown
on the Assessment Diagram. Therefore, sewer costs for each road segment
were allocated to the respective assessment numbers that the water was
allocated to, but only to parcels within Sewer Zone A based on the applicable
EDU factors. There was no assessment for sewer costs to the assessment
numbers in Sewer Zone B, as shown on the Assessment Diagram.
Roadway Improvements I Primary Trip I Adjusted
Summary of Special Benefit Factors
Single Family IOIDU
Detached
Single Family
Attached 81DU
- 10 I DU
81DU -
Afford ab le Housing
(Bressi Ranch)
Apartment (Affordable
Housing )
6.4 I DU - 6.4 I DU
- 6lDU 61DU
Assisted Living I 21Room I - I 21Room
Off ice
School
I nd ustriai I 801AC I 79% I 63lAC
71 1,000 SF 82% 61 1,000 SF
60 IAC 57% 34 I AC
18 I 1,000
SF 45% 40 I 1,000
SF Community Retail
28% 80 I 1,000
SF Day Care 97.4 I AC
Church I 30lAC I 64% I 19IAC
5lAC Homeowners
Association Rec Areas
1.25 I AC
and per site 25%
Boys & Girls Club I 901AC I 52% I 471AC
66% Community (Regional) 2o AC
Park 131AC
Utilities EDUI/
0.5 I DU
1.0 I DU
0.5 I DU
0.5 I DU
4.2 I 1Oksf
4.2 I 10ksf
4.2 I IOksf
4.2 I 1Oksf
4.2 I 10ksf
4.2 I 10ksf
4.2 I 10ksf
4.2 I IOksf
4.2 I IOksf
and per site
0.4 I AC
1. Primary Trips are defined by SANDAG as “one trip directly between origin and primary
destination.”
Prepared by Galen N. Peterson March 29,2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22
Recycled Water
The recycled water system located within the public right-of-way will provide
irrigation water to (i) medians, parkways, and adjacent roadway slopes (in
and adjacent to the public streets and public easements) (ii) landscaped
slopes and pocket parks within the home owners association open space
areas (iii) landscaped areas of the public park (iv) landscaped areas of the
school (v) landscaped areas of the private school and (vi) landscaped areas
of the industrial section.
The recycled water system specially benefits only the six categories stated
above. Therefore, the recycled water system costs were allocated only to
the irrigated area of these six categories. The percentage of area in each
category, determined from the total area in all six categories, was multiplied
times the cost of the recycled water system to arrive at the cost to be applied
to each category. The resulting recycled water system cost for the first
category was added to the cost for the roadways and spread to all of the
assessment numbers that specially benefit from the roadways. The resulting
recycled water system cost for the second category was spread to all of the
residential units within the homeowners association that specially benefits
from the open space areas. The resulting recycled water system cost for the
last four categories was spread to the assessment numbers that correspond
to those areas.
Dry Utilities
The demand for dry utilities is considered to be similar to the factors
used for water and sewer as shown above. The dry utilities costs (limited
by the Internal Revenue Service to five percent of the bond issue amount in
order for the bonds to qualify for tax-exempt status) were allocated based on
EDU factors using the same methodology and, except as noted below, the
same factors as were used in allocating water costs.
Due to the unique characteristics of the home owner association lots, the
following dry utilities EDU factors were used for these lots: The HOA lots
47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3
EDU per site, respectively. The three HOA areas in Planning Areas 9,
10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1
were assigned 2.4 EDU. The Village Square area in Planning Area 15
within Benefit Area No. 1 was assigned 1.0 EDU.
D-4 Proportioning Formation, Issuance and Financing Costs
The costs to form this Assessment District, including the costs of issuance,
have been determined to be eligible for inclusion in the Assessment District
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23
funding. Some of the incidental costs can be assigned directly to one of the
benefit components as shown in Appendix “E”. These costs that cannot be
assigned directly to any one of the benefit components and therefore have
been separated into a separate component for purposes of defining special
benefits and allocating costs on a pro-rata basis relative to the
improvement costs associated with each parcel as shown in Table .I of
Appendix F. The financing costs (bond discount and bond reserve),
including capitalized interest, have also been assessed on a pro-rata
basis relative to the improvement costs associated with each parcel.
E. PROCLAMATIONS
E-I Assessments are equal to or less than the proportional special
benefit each parcel receives
The special benefit received from the Assessment District improvements
exceeds the assessment allocated to each parcel. The improvements provided
will increase the value of each parcel by more than the assessment levied
upon it. To ensure that the assessments will be equal to or less than the
proportional special benefit conferred, a review was made of similar
properties in the vicinity. Comparison of recent sales records indicated that
the average price per square foot of raw land increased in an amount greater
than the costs of the assessments per square foot after backbone
roadway and utility improvements were in place.
E-2 Reasonableness and Justification of Assessments
It is well known and understood by the development community that public
infrastructure is required for raw land to develop to its highest and best use.
After the passage of Proposition 13 and Assembly Bill 1600, developers and
investors realize that they must provide the public infrastructure to
support their developments without burdening existing properties. The
Assessment District improvements are estimated to add 7% or more value
to each parcel’s overall value. A review of other developments has shown
that this percentage is consistent with the costs of providing backbone
access and utilities to raw land in similar developments. Therefore this
Assessment levy is reasonable in relationship to the added value the
improvements provide to the parcels.
E-3 Future Apportionment of Special Benefit
Special benefit will accrue to each parcel created by the subdivision of the
property within the Assessment District. Since certain existing parcels within
the Assessment District will not, at the time of formation of the Assessment
District, have been subdivided into final lots, the initial assessments
established at the time of formation of the Assessment District will be placed
March 29, 2004 bJ Prepared by Galen N. Peterson
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24
in the aggregate on the assessors parcels existing at the time of formation of
the Assessment District. An assessment levied on a parcel existing at the
time of formation of the Assessment District will be apportioned among those
parcels created by the subsequent subdivision of such existing parcel.
Assessments apportioned to any parcel created by the subdivision of an
existing parcel which is to be owned by a public agency (each, a “Public
Parcel”) or a non-profit 501 (c)(3) organization (each, a “501 (c)(3) Parcel”) or a
home owners association (each, an ”HOA Parcel”) must be paid off in full
prior to the recordation of the final subdivision map creating such Public
Parcel or 501 (c)(3) Parcel or HOA Parcel or contributed by the Developer as a
reduced purchase price for improvements to be acquired pursuant to the
Acquisition/Financing Agreement. The City shall not provide to the owner or
subdivider of such existing parcel a certificate as required by Government
Code Section 66493(f) for any subdivision certifying that the City Council has
determined that provision has been made for the segregation of the
responsibility of each of the proposed new parcels for a portion of the
assessment unless payment in full of the assessments apportioned to all
Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such
subdivision has been received by the City or otherwise contributed as
described above.
It is the City of Carlsbad’s policy that final lots that receive similar special
benefit also have similar final assessments. If the future subdivision of any
planning area does not yield the estimated number of dwelling units, the City
reserves the right to require upon application of assessment reapportionment,
that a portion of the outstanding assessment be paid by the property
owners to ensure that the assessments remain consistent within and
between the planning areas as further provided in the AcquisitiodFinancing
Agreement. All reapportionments will be subject to City of Carlsbad
policies and procedures.
FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER
The undersigned, Galen N. Peterson, hereby finds and determine as follows:
A. The proportionate special benefit derived by each parcel proposed to be
assessed has been determined in relationship to the entirety of the costs
of the improvements to be funded from the proceeds of the bonds issued
for the Assessment District and the cash collections.
B. No assessment is proposed to be imposed on any parcel, which exceeds
the reasonable cost of the proportional special benefit conferred on that
parcel.
Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 25
C. Only special benefits have been assessed.
D. Parcels within the Assessment District that are owned or used by any
agency, the State of California or the United States and which receive a
special benefit from the improvements have been assessed accordingly.
In conclusion, it is my opinion that the assessments for the referenced
Assessment District have been spread in direct accordance with the estimated
special benefits that each parcel receives from the improvements.
Dated: 29@dayof d.4 Crcf ,2004
R.C.E. No. 18,364 (Expires 0612005)
ASSESSMENT ENGINEER
CITY OF CARLSBAD
SAN DIEGO COUNTY
STATE OF CALIFORNIA
Prepared by Galen N. Peterson bLc March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26
.... -
I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA
do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was fifed in my office on the / 7.4?) dayof
/+W4ArY 1 2004. -
CITY OF CARLSBAD
STATE OF CALIFORNIA
1, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was preliminarily approved by the City Councii of
the CITY OF CARLSBAD, CALIFORNIA, on the /?& day of ~L=~AR ,
200&
' CITY OF CARLSBAD
STATE OF CALIFORNIA
I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA do hereby certify that the foregoing Assessment, together hith
the Diagram attached thereto, was a proved and confirmed by the City
Council of said City on the 4 ff _day of A%v ,
200&.
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF
CARLSBAD, CALfFORNIA do hereby ceftii that the foregoing Assessment,
together with the Diagram attached thereto, was filed in my office on the 4& day of Y ,2004
4
SUPERINTENDENT OF
STREETS /CITY ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
_I --.I__
Prepared by Galen N. Peterson March 29,2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 27
Part IV
Annual Administrative Assessment
A proposed maximum annual administrative assessment shall be levied on
each parcel of land and subdivision of land within the Assessment District
specially benefiting from the improvements and for which the assessment
is unpaid to pay for necessary costs and expenses incurred by the City of
Carlsbad, and not otherwise reimbursed, resulting from the administration
and collection of assessments and/or from the administration or registration
of any bonds and reserve or other related funds. This maximum
assessment hereinafter set forth is authorized pursuant to the provisions of
Section 10204(f) of the Streets and Highways Code, and said maximum
assessment shall not exceed five percent (5.0%) of the annual
assessment per individual assessment parcel per year.
The annual administrative assessment will be collected in the same manner
and in the same installments as the assessment levied to pay for the cost
of the improvements.
Prepared by Galen N. Peterson
____
March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 28
Part V
Diagram of Assessment District
Reduced copies of the Assessment Diagram are shown on the following pages.
Full-size copies of the Assessment Diagram are on file in the Office of the
City Clerk, of the City of Carlsbad.
As required by the Assessment Law, the Assessment Diagram shows the
exterior boundaries of the Assessment District and the assessment number
assigned to each parcel of land corresponding to its number as it appears in
the Assessment Roll contained in Part 111. The Assessor's parcel number is
also shown for each parcel as they existed at the time of the passage of the
Resolution of Intention and reference is hereby made to the Assessor's
Parcel Maps of the County of San Diego for the boundaries and dimensions
of each parcel of land.
Prepared by Galen N. Peterson March 29, 2004
ASSESSMENT DIAGRAM
OF
ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST)
OFM mff CARLSBAD
COUNTY OF SAN DEQO, STATE OF CALFORMA
LEGEND
D I I - ASSESSMENT DISTRICT SCUNOARY
RIGHT-OF- WAY LINE
BOUNDARY lF ASSSENT NUUBER AN@ ?.ARCEL UNES
VlClNrrY MAP
NOT TO SCALE
BOUNDARY OF AD 2002-01 (POINSEITIA LANE EAST)
INDEX MAP
NOT TO SCALE
0 500fwo
GRAPHICAL SCALE SCALP 1- = 1000’
UEfERE#CE THE SAN DEW COU#7Y ASSZSSOR MAPS FW? A DETAILED DESCRIPVQV OF PARCEL U#ES A#D DIME#SO#S. SHEET I OF 3 SHEETS
ASSESSMENT DIAGRAM
OF ASSESSMENT DISTRICT NO. 2002-01 (POINSElTIA LANE EAST)
COUNTY OF SAN DMO, STATE OF CALFOMlA LEGEND 1
Fq SmmIM'8' BENEFIT AREA NO. 1
It
ASSESSMENT DIAGRAM
OF
ASSESSMENT DISTRICT NO. 2002-01 (POINStrA LANE EAST)
LEGEND I
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 32
Part VI
A. Description of Improvements
The Assessment Law provides for the legislative body of any municipality to
finance certain capital facilities and services within or along its streets or any public
way or easement. The following is a list of proposed improvements as allowed
under the Assessment Law to be acquired, installed, maintained, repaired or
improved under the provisions of the Assessment Law. For the general location
of the improvements to be acquired referenced is hereby made to the Plans and
Specifications described in Part I of this report and the exhibits of improvements in
Appendix H of this report. The proposed improvements include the following:
1.
2.
Poinsettia Lane from El Camino Real easterly to connect to the
existing terminus of Poinsettia Lane at the westerly boundary of
Rancho Carrillo including transition pavement lanes and
appurtenances on El Camino Real as shown on Drawing Nos. 397-
2H, 397-21, 397-2J and 397-2K. Full width grading to major arterial
standards (but not to include grading outside of the right-of-way in
future developed areas), erosion control landscaping and irrigation
(located within an easement granted to the City), parkway landscaping
and irrigation (located within an easement granted to the City), asphalt
pavement to major arterial standard width on either side of a raised
median, median curb, median hardscaping and landscaping with
irrigation, curb and gutter, sidewalk, meandering regional trail for
bicycles and pedestrians in a public trail easement which is a part of
the City-wide trail system, storm drain facilities within the right-of-way
(excluding any Master Drainage Plan facilities subject to
reimbursement from Local Drainage Area Fees), sewer, water and
reclaimed water lines and appurtenances within the right-of-way
(excluding any portion of such costs reimbursable from sewer and/or
water connection fees), dry utilities which are non-refundable or non-
reimbursable by the utility agency and which are located within the
right-of-way’ , street lights, three new traffic signals and a modification
of an existing traffic signal at El Camino Real (excluding those portions
reimbursed from Traffic Impact Fees and Public Facilities Fees),
relocation of existing utilities, environmental mitigation’ and incidental
costs of construction to the extent permitted in the
Acquisition/Financing Agreement included in Appendix B of this
Report.
El Fuerte Street from Palomar Airport Road southerly to connect
to the existing terminus of El Fuerte Street at the southerly
boundary of Bressi Ranch as shown on Drawing Nos. 400-8E and
400-8F. Full width grading to secondary arterial standards (but not to
73 Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 33
3.
include grading outside of the right-of-way in future developed areas),
erosion control landscaping and irrigation (located within an easement
granted to the City), parkway landscaping and irrigation (located within
an easement granted to the City), asphalt pavement to secondary
arterial standard width, curb and gutter, sidewalk, meandering regional
trail for bicycles and pedestrians in a public trail easement which is a
part of the City-wide trail system, storm drain facilities within the right-
of-way (excluding any Master Drainage Plan facilities subject to
reimbursement from Local Drainage Area Fees), sewer, water and
reclaimed water lines and appurtenances within the right-of-way
(excluding any portion of such costs reimbursable from sewer and/or
water connection fees), dry utilities which are non-refundable or non-
reimbursable by the utility agency and which are located within the
right-of-way’, street lights, three new traffic signals and a modification
of an existing traffic signal at Palomar Airport Road (excluding those
portions reimbursed from Traffic Impact Fees and Public Facilities
Fees), relocation of existing utilities, environmental mitigation’ and
incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement included in Appendix B of this
Report.
Widening of the east side of El Camino Real from Palomar Airport
Road to the southerly boundary of Bressi Ranch as shown on
Drawing No. 400-8G (Bressi Ranch portion). Grading to prime arterial
standards (but not to include grading outside of the right-of-way in future
developed areas), erosion control landscaping and irrigation (located
within an easement granted to the City), parkway landscaping and
irrigation (located within an easement granted to the City), asphalt
pavement to prime arterial standard width (including transitions lanes
outside of developer’s ownership), raised’median in certain areas,
median curb, median hardscaping and landscaping with irrigation, curb
and gutter, sidewalk, dry utilities which are non-refundable or non-
reimbursable by the utility agency and which are located within the right-
of-way’, modification of an existing traffic signal at Street “A (excluding
those portions reimbursed from Traffic Impact Fees and Public Facilities
Fees), relocation of existing utilities, environmental mitigation’ and
incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement included in Appendix B of this Report.
4. Widening of the east side of El Camino Real from the southerly
boundary of Bressi Ranch southerly as shown on Drawing No. 397-
2R (Greens portion). Grading to prime arterial standards (but not to
include grading outside of the right-of-way in future developed areas),
erosion control landscaping and irrigation (located within an easement
granted to the City), parkway landscaping and irrigation (located within
an easement granted to the City), asphalt pavement to prime arterial
74 Prepared by Galen N. Peterson March 29, 2004
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 34
standard width (including transitions lanes outside of developer’s
ownership), raised median in certain areas, median curb, median
hardscaping and landscaping with irrigation, curb and gutter, sidewalk,
dry utilities which are non-refundable or non-reimbursable by the utility
agency and which are located within the right-of-way‘, street lights,
modification of an existing traffic signal at Camino Vida Roble (excluding
those portions reimbursed from Traffic Impact Fees and Public Facilities
Fees), relocation of existing utilities, environmental mitigation.’ and
incidental costs of construction to the extent permitted in the
AcquisitiodFinancing Agreement included in Appendix B of this Report.
Notes:
- I/ The aggregate amount of the cost of dry utilities or mitigation land which are
to be owned by an entity other than a “political subdivision” as such term is
used in the Internal Revenue Code and regulations of the Internal Revenue
Service which may be financed from the proceeds of tax exempt bonds
issued for the Financing District shall be limited to 5% of the proceeds of
such bonds which are eligible to be used to finance the acquisition of the
Improvements.
March 29, 2004 75 Prepared by Galen N. Peterson
City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 35
B. Right-of-way Certificate
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
The undersigned, GLENN PRUIM, hereby CERTIFIES UNDER PENALTY OF
PERJURY that the following is all true and correct.
That at all times herein mentioned, the undersigned was, and now is, the duly
appointed SUPERINTENDENT OF STREETS/ CITY ENGINEER of the CITY
OF CARLSBAD, CALIFORNIA.
That there have now been instituted proceedings pursuant to the provisions of the
Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways
Code of the State of California (the “Improvement Act”), Article XlllD of the
Constitution of the State of California (“Article XlllD”), and Proposition 21 8
Omnibus Implementation Act, Section 53750 and following of the Government
Code (the “Implementation Act”) (the Improvement Act, Article XIIID, and the
Implementation Act are collectively referred to as the “Assessment Law”) and the
City of Carlsbad Municipal Code, as amended, for the construction of certain
public improvements in a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST)
(hereinafter referred to as the “Assessment District”).
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
It is acknowledged that the proposed Improvements must be located within public
rights-of-way, land, or easements owned by or licensed to the CITY OF
CARLSBAD, County of San Diego, State of California, at the time of the
acquisition of the Improvements, and the undersigned hereby further certifies
that all rights-of-way necessary for the Improvements will be obtained and in
possession of the City, County, or State prior to acceptance by the City of Carlsbad.
EXECUTED this Z?&day of -&A,Q- &,+/ ,2004, at City of Carlsbad,
California.
Superintendent of Streets / City Engineer
City of Carlsbad
/3
u-
Superintendent of Streets / City Engineer
Prepared by Galen N. Peterson March 29, 2004 7b
ORDER OF PROCEDURE
CITY OF CARLSBAD
(POINSETTIA LANE EAST)
ASSESSMENT DISTRICT NO. 2002-01
DATE OF PUBLIC HEARING: MAY 4,2004 AT 6:OO PM
Mayor: Direct the City Manager to provide the staff report.
City Manager: Introduce Item
“This is the time and place fixed for the public hearing related to:
0 the proposed formation of Assessment District No.
2002-01 (Poinsettia Lane East),
the proposed levy of assessments to pay debt service
on bonds to be issued, for the purpose of financing
the cost to acquire or construct certain public
i m prove men ts , ”
0
Staff Introduce the item. Describe the public hearing procedure,
assessment ballot procedure and assessment ballot tabulation.
Note that noticing requirements and distribution of the assessment
ballots were completed in accordance with the law. Introduce the
Assessment Engineer.
Assessment
Engineer: Present and summarize the Assessment Engineer’s Report.
Explain the method and formula of assessment spread.
Staff Describe the Special Assessment District Disclosure Agreement
and compliance with Policy 33.
End of staff report - - open public hearing
Mayor: Conduct the Public Hearing
"The City Council will hear from any interested person who desires
to address the City Council on this matter."
Upon completion of all public testimony
"The public hearing is now closed."
Mayor:
Mayor:
Council Questions and Comments
"Do any members of the City Council have any questions for staff
or consultants as a result of the public testimony?''
City Council questions to and responses from staff & consultants
Request City Clerk to tabulate the ballots
"The City Clerk will now tabulate the assessment ballots and, upon
completion of the tabulation, report the results to the City Council."
The City Council may wait until the tabulation is complete or may
take a short recess.
City Clerk: "The tabulation of the assessment ballots has been completed.
ballots in support of the levy of the
ballots in opposition to the levy of
There were
the assessments.
Alternative No. 7 If ballots are in support:
City Clerk: "Since the number of ballots in support of the levy of the
assessments exceeds the number of ballots in opposition to the
levy of the assessments, there is no majority protest."
Mayor: Request motion on the Resolutions.
"Since there is no majority rotest, I would ask for a motion to adopt
Assessment Engineer; Declaring the Results of Assessment Ballot
Tabulation; Confirming the Assessments and Ordering the
Acquisition or Construction of Improvements, Together with
Appurtenances, in Assessment District No. 2002-01 (Poinsettia
Lane East) and Resolution No. 2004-u Approving the Form of the
Special Assessment District Disclosure Agreement for Assessment
District No. 2002-01 (Poinsettia Lane East)."
Resolution No. 2004-& f Approving The Final Report of the
City Council: Motion to adopt both resolutions, discussion and vote to adopt both
resolutions.
/Unlikely)
Alternative No. 2 If ballots are in opposition:
City Clerk: "Since the number of ballots in opposition to the levy of the
assessments exceeds the number of ballots in support of such levy,
there is a majority protest."
Mayor: Request motion to abandon the proceedings.
"Since there is a majority protest, I would ask for a motion to direct
staff to prepare a resolution abandoning the proceedings to form
the Assessment District for the next Council meeting."
City Council: Motion to vote to direct staff to prepare a resolution abandoning the
proceedings to form the Assessment District.
End of proceeding
City of Carlsbad
Assessment District No. 2002-01
(Poinsettia Lane East)
Do you support or oppose the levy of the assessment set
forth below on the Identified Parcel?
SUPPORT 3f
This assessment ballot is for the use of the owner of the parcel identified below (the
“Identified Parcel”) which is located within the boundaries of the proposed City of
Carlsbad Assessment District No. 2002-01 (Poinsettia Lane East) (“Assessment
District”). Please advise the City Clerk of the City of Carlsbad at (760) 434-2808 if
you are not the owner of the Identified Parcel.
I
This assessment ballot may be completed by the owner of the Identified Parcel or a
legally authorized representative of such owner to express such owner’s support for or
opposition to the assessment proposed to be levied on the Identified Parcel for the
Assessment District. The amount of the proposed assessment is set forth below.
I OPPOSE C:
THE INSTRUCTIONS FOR THE COMPLETION AND RETURN OF THIS
ASSESSMENT BALLOT MAY BE FOUND ON THE REVERSE SIDE OF THIS
ASSESSMENT BALLOT. You must follow these instructions in completing this
assessment ballot to insure that this assessment ballot will be accepted.
Identified Parcel: Lots I through 5
inclusive of Carlsbad Tract CT 00-06
Certification of Voter:
Proposed assessment:
I certify under penalty of perjury that I am the owner of the Identified Parcel or a
representative of such owner and am legally authorized to complete this assessment
ballot on behalf of such owner. -
Sbnature of person completing this assessment ballot
General American Life Insurance Co.
Metropolitan Life Attn: Todd Morefield
333 S. Hope Street, Suite 1150 Los Angeles, CA 90071
$8,814,475.39
Instructions:
How to complete this assessment ballot: You may indicate whether you support or
oppose the levy of the proposed assessment on the property identified below by placing
a cross (+) using a pen in the box next to the word “SUPPORT” or the word “OPPOSE”.
Mark only one box. You must sign this assessment ballot in the space provided for
your signature. By signing this assessment ballot you are certifying that you are either
(a) the owner of the Identified Property or (b) a representative of such owner legally
authorized to complete this assessment ballot on behalf of such owner. This
assessment ballot will be disqualified if it is not signed.
How to return this assessment ballot: Seal the assessment ballot in the
accompanying pre-addressed envelope and either (a) deposit the envelope in the U.S.
mail or (b) deliver the envelope containing the assessment ballot to the following
address: City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.
Deadline for Return of this assessment ballot: If returned by deposit in the U.S. mail,
the envelope must be received by the City Clerk not later than 5:OO pm on May 4,
2004. If mailing this assessment ballot, you must allow sufficient time to ensure that this
assessment ballot is received prior to such date and time. If delivering this assessment
ballot, it must be delivered to and received by the City Clerk at the above address not
later than the closure of the public hearing for the assessment district scheduled to be
held at 6 pm on May 4,2004.
If such public hearing is continued to a subsequent date, the deadline for receipt of this
assessment ballot shall also be extended to the close of such public hearing. No notice
of such continuance shall be provided.
Withdrawing or changing this assessment ballot: This assessment ballot may be
withdrawn at any time prior to the closure of the public hearing by request of the person
signing the assessment ballot made to the City Clerk.
This assessment ballot may be changed at any time prior to the closure of the public
hearing by withdrawing this assessment ballot and requesting a replacement
assessment ballot. Only the person signing this assessment ballot may make such a
request. The replacement assessment ballot must be received by the City Clerk prior to
the deadline set forth above.
Questions: If you have questions regarding these instructions or this assessment
ballot, please call the City Clerk between 8 am and 5 pm Monday through Friday at the
following phone number:
City Clerk
City of Carlsbad
(760) 434-2808
ASSESSMENT BALLOT
Do you support or oppose the levy of the assessment set
forth below on the Identified Parcel?
City of Carlsbad
Assessment District No. 2002-011
(Poinsettia Lane East)
SUPPORT I
OPPOSE 0
This assessment ballot is for the use of the owner of the parcel identified below (the
“Identified Parcel”) which is located within the boundaries of the proposed City of
Carlsbad Assessment District No. 2002-01 (Poinsettia Lane East) (“Assessment
District”). Please advise the City Clerk of the City of Carlsbad at (760) 434-2808 if
you are not the owner of the Identified Parcel.
Identified Parcel: Lots 1 1, 13, 15 and Lots
17 through 22 inclusive of Carlsbad Tract
This assessment ballot may be completed by the owner of the Identified Parcel or a
legally authorized representative of such owner to express such owner’s support for or
opposition to the assessment proposed to be levied on the Identified Parcel for the
Assessment District. The amount of the proposed assessment is set forth below.
Proposed assessment:
THE INSTRUCTIONS FOR THE COMPLETION AND RETURN OF THIS
ASSESSMENT BALLOT MAY BE FOUND ON THE REVERSE SIDE OF THIS
ASSESSMENT BALLOT. You must follow these instructions in completing this
assessment ballot to insure that this assessment ballot will be accepted.
Certification of Voter:
I certify under penalty of perjury that I am the owner of the Identified Parcel or a
-representative of such owner and am legally authorized to complete this assessment
ballot on behalf of such owner.
*
leting this assessment ballot
Bressi Gardenlane, LLC
c/o Lennar Homes of California
Attn: Graham Jones 24800 Chrisanta Drive, Suite 200 Mission Viejo, CA 92691
Instructions:
How to complete this assessment ballot: You may indicate whether you support or
oppose the levy of the proposed assessment on the property identified below by placing
a cross (+) using a pen in the box next to the word “SUPPORT” or the word “OPPOSE”.
Mark only one box. You must sign this assessment ballot in the space provided for
your signature. By signing this assessment ballot you are certifying that you are either
(a) the owner of the Identified Property or (b) a representative of such owner legally
authorized to complete this assessment ballot on behalf of such owner. This
assessment ballot will be disqualified if it is not signed.
How to return this assessment ballot: Seal the assessment ballot in the
accompanying pre-addressed envelope and either (a) deposit the envelope in the U.S.
mail or (b) deliver the envelope containing the assessment ballot to the following
address: City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.
Deadline for Return of this assessment ballot: If returned by deposit in the U.S. mail,
the envelope must be received by the City Clerk not later than 500 pm on May 4,
2004. If mailing this assessment ballot, you must allow sufficient time to ensure that this
assessment ballot is received prior to such date and time. If delivering this assessment
ballot, it must be delivered to and received by the City Clerk at the above address not
later than the closure of the public hearing for the assessment district scheduled to be
held at 6 pm on May 4,2004.
If such public hearing is continued to a subsequent date, the deadline for receipt of this
assessment ballot shall also be extended to the close of such public hearing. No notice
of such continuance shall be provided.
Withdrawing or changing this assessment ballot: This assessment ballot may be
withdrawn at any time prior to the closure of the public hearing by request of the person
signing the assessment ballot made to the City Clerk.
This assessment ballot may be changed at any time prior to the closure of the public
hearing by withdrawing this assessment ballot and requesting a replacement
assessment ballot. Only the person signing this assessment ballot may make such a
request. The replacement assessment ballot must be received by the City Clerk prior to
the deadline set forth above.
Questions: If you have questions regarding these instructions or this assessment
ballot, please call the City Clerk between 8 am and 5 pm Monday through Friday at the
following phone number:
City Clerk
City of Carlsbad
(760) 434-2808
ASSESSMENT BALLOT
Do you support or oppose the levy of the assessment set
forth below on the Identified Parcel?
City of Carlsbad
Assessment District No. 2002-01
(Poinsettia Lane East)
SUPPORT E
OPPOSE C
This assessment ballot is for the use of the owner of the parcel identified below (the
“Identified Parcel”) which is located within the boundaries of the proposed City of
Carlsbad Assessment District No. 2002-01 (Poinsettia Lane East) (“Assessment
District”). Please advise the City Clerk of the City of Carlsbad at (760) 434-2808 if
you are not the owner of the Identified Parcel.
This assessment ballot may be completed by the owner of the Identified Parcel or a
legally authorized representative of such owner to express such owner’s support for or
opposition to the assessment proposed to be levied on the Identified Parcel for the
Assessment District. The amount of the proposed assessment is set forth below.
THE INSTRUCTIONS FOR THE COMPLETION AND RETURN OF THIS
ASSESSMENT BALLOT MAY BE FOUND ON THE REVERSE SIDE OF THIS
ASSESSMENT BALLOT. You must follow these instructions in completing this
assessment ballot to insure that this assessment ballot will be accepted.
Certification of Voter:
I certify under penalty of perjury that I am the owner of the Identified Parcel or a
representative of such owner and am legally authorized to complete this assessment
ballot on behalf of such owner.
eting this assessment ballot
Identified Parcel: Lot 14 of Carlsbad Tract
CT 00-06
Lennar Bressi Ranch Venture, LLC c/o Lennar Homes of California
Attn: Graham Jones 24800 Chrisanta Drive, Suite 200 Mission Viejo, CA 92691
Proposed assessment:
$74,691.03
Instructions:
How to complete this assessment ballot: You may indicate whether you support or
oppose the levy of the proposed assessment on the property identified below by placing
a cross (+) using a pen in the box next to the word “SUPPORT” or the word “OPPOSE”.
Mark only one box. You must sign this assessment ballot in the space provided for
your signature. By signing this assessment ballot you are certifying that you are either
(a) the owner of the Identified Property or (b) a representative of such owner legally
authorized to complete this assessment ballot on behalf of such owner. This
assessment ballot will be disqualified if it is not signed.
How to return this assessment ballot: Seal the assessment ballot in the
accompanying pre-addressed envelope and either (a) deposit the envelope in the U.S.
mail or (b) deliver the envelope containing the assessment ballot to the following
address: City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.
Deadline for Return of this assessment ballot: If returned by deposit in the U.S. mail,
the envelope must be received by the City Clerk not later than 500 pm on May 4,
2004. If mailing this assessment ballot, you must allow sufficient time to ensure that this
assessment ballot is received prior to such date and time. If delivering this assessment
ballot, it must be delivered to and received by the City Clerk at the above address not
later than the closure of the public hearing for the assessment district scheduled to be
held at 6 pm on May 4, 2004.
If such public hearing is continued to a subsequent date, the deadline for receipt of this
assessment ballot shall also be extended to the close of such public hearing. No notice
of such continuance shall be provided.
Withdrawing or channinn this assessment ballot: This assessment ballot may be
withdrawn at any time prior to the closure of the public hearing by request of the person
signing the assessment ballot made to the City Clerk.
This assessment ballot may be changed at any time prior to the closure of the public
hearing by withdrawing this assessment ballot and requesting a replacement
assessment ballot. Only the person signing this assessment ballot may make such a
request. The replacement assessment ballot must be received by the City Clerk prior to
the deadline set forth above.
Questions: If you have questions regarding these instructions or this assessment
ballot, please call the City Clerk between 8 am and 5 pm Monday through Friday at the
following phone number:
City Clerk
City of Carlsbad
(760) 434-2808
ASSESSMENT BALLOT
Do you support or oppose the levy of the assessment set
forth below on the Identified Parcel?
City of Carlsbad
Assessment District No. 2002-01
(Poinsettia Lane East)
SUPPORT
OPPOSE 0
This assessment ballot is for the use of the owner of the parcel identified below (the
“Identified Parcel”) which is located within the boundaries of the proposed City of
Carlsbad Assessment District No. 2002-01 (Poinsettia Lane East) (“Assessment
District”). Please advise the City Clerk of the City of Carlsbad at (760) 434-2808 if
you are not the owner of the Identified Parcel.
Identified Parcels: Lots 6 through 10
inclusive and Lots 12 and 16 of
Carlsbad Tract CT 00-06
Greystone Homes, Inc.
Attn: Mike Levesque
1525 Faraday Ave, Suite 300 Carlsbad, CA 92008
This assessment ballot may be completed by the owner of the Identified Parcel or a
legally authorized representative of such owner to express such owner‘s support for or
opposition to the assessment proposed to be levied on the Identified Parcel for the
Assessment District. The amount of the proposed assessment is set forth below.
Proposed assessment:
$1 2,715,401.30
THE INSTRUCTIONS FOR THE COMPLETION AND RETURN OF THIS
ASSESSMENT BALLOT MAY BE FOUND ON THE REVERSE SIDE OF THIS
ASSESSMENT BALLOT. You must follow these instructions in completing this
assessment ballot to insure that this assessment ballot will be accepted.
Certification of Voter:
I certify under penalty of perjury that I am the owner of the Identified Parcel or a
representative of such owner and am legally authorized to complete this assessment
ASSESSMENT BALLOT
Do you support or oppose the levy of the assessment set
forth below on the Identified Parcel?
City of Carlsbad
Assessment District No. 2002-01
(Poinsettia Lane East)
SUPPORT 8(
OPPOSE 0
This assessment ballot is for the use of the owner of the parcel identified below (the
“Identified Parcel”) which is located within the boundaries of the proposed City of
Carlsbad Assessment District No. 2002-03 (Poinsettia Lane East) (“Assessment
District”). Please advise the City Clerk of the City of Carlsbad at (760) 434-2808 if
you are not the owner of the Identified Parcel.
This assessment ballot may be completed by the owner of the Identified Parcel or a
legally authorized representative of such owner to express such owner’s support for or
opposition to the assessment proposed to be levied on the Identified Parcel for the
Assessment District. The amount of the proposed assessment is set forth below.
THE INSTRUCTIONS FOR THE COMPLETION AND RETURN OF THIS
ASSESSMENT BALLOT MAY BE FOUND ON THE REVERSE SIDE OF THIS
ASSESSMENT BALLOT. You must follow these instructions in completing this
assessment ballot to insure that this assessment ballot will be accepted.
Certification of Voter:
I certii under penalty of perjury that I am the owner of the Identified Parcel or a
representative of such owner and am legally authorized to complete this assessment
ballot on behalf of such owner.
Signature of persod completing this assessment ballot
Identified Parcel: Lots 1 through 4
inclusive, Lots 6 through 14 inclusive and
Lots 16 through 49 inclusive of Carlsbad
Tract CT 99-03
Real Estate Collateral Management Company C/o Household Commercial of California, Inc.
Attn: Fred R. Schimel
2700 Sanders Road Prospect Heights, IL 600070
Proposed assessment:
$1 2,348,901 .OO
Instructions:
How to complete this assessment ballot: You may indicate whether you support or
oppose the levy of the proposed assessment on the property identified below by placing
a cross (+) using a pen in the box next to the word “SUPPORT” or the word “OPPOSE”.
Mark only one box. You must sign this assessment ballot in the space provided for
your signature. By signing this assessment ballot you are certifying that you are either
(a) the owner of the Identified Property or (b) a representative of such owner legally
authorized to complete this assessment ballot on behalf of such owner. This
assessment ballot will be disqualified if it is not signed.
How to return this assessment ballot: Seal the assessment ballot in the
accompanying pre-addressed envelope and either (a) deposit the envelope in the U.S.
mail or (b) deliver the envelope containing the assessment ballot to the following
address: City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.
Deadline for Return of this assessment ballot: If returned by deposit in the U.S. mail,
the envelope must be received by the City Clerk not later than 5:OO pm on May 4,
2004. If mailing this assessment ballot, you must allow sufficient time to ensure that this
assessment ballot is received prior to such date and time. If delivering this assessment
ballot, it must be delivered to and received by the City Clerk at the above address not
later than the closure of the public hearing for the assessment district scheduled to be
held at 6 pm on May 4,2004.
If such public hearing is continued to a subsequent date, the deadline for receipt of this
assessment ballot shall also be extended to the close of such public hearing. No notice
of such continuance shall be provided.
Withdrawins or changing this assessment ballot: This assessment ballot may be
withdrawn at any time prior to the closure of the public hearing by request of the person
signing the assessment ballot made to the City Clerk.
This assessment ballot may be changed at any time prior to the closure of the public
hearing by withdrawing this assessment ballot and requesting a replacement
assessment ballot. Only the person signing this assessment ballot may make such a
request. The replacement assessment ballot must be received by the City Clerk prior to
the deadline set forth above.
Questions: If you have questions regarding these instructions or this assessment
ballot, please call the City Clerk between 8 am and 5 pm Monday through Friday at the
following phone number:
City Clerk
City of Carlsbad
(760) 434-2808
Assessment District Assessment District No. 2002No. 2002--0101Poinsettia Lane EastPoinsettia Lane EastFormationFormation
HistoryHistory¾¾Dec. 2001: Dec. 2001: ¾¾Jan. 2003: Jan. 2003: Authorized to begin work Authorized to begin work Acquisition AgreementAcquisition Agreement••Allowed development to Allowed development to proceed while District was proceed while District was being formedbeing formed••Agreed to:Agreed to:••Acquire the road improvementsAcquire the road improvements••Reimburse the developer from Reimburse the developer from the District when, and if, the the District when, and if, the District was approved by District was approved by CouncilCouncil
PurposePurpose¾¾Form the DistrictForm the District••Approve Engineer’s reportApprove Engineer’s report••Set the boundariesSet the boundaries••Approve the improvements to be financedApprove the improvements to be financed••Set the maximum assessment amountsSet the maximum assessment amounts••Take public commentTake public comment••Count votesCount votes¾¾Approve the Disclosure ProgramApprove the Disclosure Program
AgendaAgenda1.1.Staff ReportStaff Report2.2.Public HearingPublic Hearing3.3.Council Questions and CommentsCouncil Questions and Comments4.4.Count the ballots and report (City Count the ballots and report (City Clerk)Clerk)5.5.Council ActionCouncil ActionIf in favor; adopt the Resolutions If in favor; adopt the Resolutions If not in favor; direct staff to If not in favor; direct staff to abandon processabandon process
Galen PetersonGalen PetersonAssessment EngineerAssessment Engineer
Proposed Development in the Proposed Development in the Assessment DistrictAssessment District¾Bressi Ranch DevelopmentPlanned Industrial acres134Mixed Use Area acres25Community Facilities Area acres14Single Family Homes523Multi-Family Affordable Units100¾La Costa Greens DevelopmentIndustrial Business Park acres8Community Park acres27Single Family Homes799Multi-Family Affordable Units180
Final Engineer’s Report Final Engineer’s Report ¾¾Plans and SpecificationsPlans and Specifications¾¾Cost Estimate of ProjectCost Estimate of Project¾¾Proposed Assessment to all ParcelsProposed Assessment to all Parcels¾¾Maximum Annual Administrative AssessmentMaximum Annual Administrative Assessment¾¾Map of the Boundaries of District and parcels Map of the Boundaries of District and parcels assessedassessed¾¾Description of the ImprovementsDescription of the Improvements
Method and Formula of Method and Formula of Assessment SpreadAssessment Spread¾¾Roadway Core Improvements spread based on ADTRoadway Core Improvements spread based on ADT¾¾Potable Water and Sewer Improvements spread Potable Water and Sewer Improvements spread based on EDU and limited to the Sewer Zones of based on EDU and limited to the Sewer Zones of BenefitBenefit¾¾Recycled Water Improvements spread based on the Recycled Water Improvements spread based on the amount of recycled water used and then to the area amount of recycled water used and then to the area benefitingbenefiting¾¾Dry Utility Improvements spread based on EDU and Dry Utility Improvements spread based on EDU and limited to 5% of the amount of the bond issuelimited to 5% of the amount of the bond issue¾¾Cost of Formation, Issuance and Financing Costs Cost of Formation, Issuance and Financing Costs spread prospread pro--rata based on the total improvement costs rata based on the total improvement costs to each parcel to each parcel
Construction Cost of Construction Cost of ImprovementsImprovementsPoinsettia Lane, Greens portion Poinsettia Lane, Greens portion $ 14,062,921$ 14,062,921Poinsettia Lane, Bressi Ranch portion Poinsettia Lane, Bressi Ranch portion 6,689,9376,689,937El Fuerte Street, Bressi Ranch El Fuerte Street, Bressi Ranch 11,241,19511,241,195El Camino Real, Bressi Ranch portion El Camino Real, Bressi Ranch portion 1,280,8821,280,882El Camino Real, Greens portion El Camino Real, Greens portion 1,720,3571,720,357Construction Cost Construction Cost $ 34,995,291$ 34,995,291Note: The above costs exclude a General Benefit Contribution Note: The above costs exclude a General Benefit Contribution by the developers in the amount of $ 968,360.by the developers in the amount of $ 968,360.
Cost Estimate for the ProjectCost Estimate for the ProjectConstructionConstruction$34,995,291$34,995,291Formation and Bond IssuanceFormation and Bond Issuance1,288,4171,288,417Less Special Benefit Contribution Less Special Benefit Contribution <1,930,891><1,930,891>Capitalized Interest (one year)Capitalized Interest (one year)2,923,6442,923,644Bond DiscountBond Discount730,911730,911Bond Reserve FundBond Reserve Fund33,758,971,758,971Total Amount AssessedTotal Amount Assessed$41,766,343$41,766,343
Assessment RollAssessment RollProposedProposedDevelopmentDevelopmentAssessmentAssessmentBressiBressiRanchRanch$29,417,442$29,417,442La Costa GreensLa Costa Greens12,348,90112,348,901Total Assessed Total Assessed $41,766,343$41,766,343
Assessment per Future UnitAssessment per Future Unit$3,9761,2101,1478630$49,34115,01914,23210,7050La Costa Greens DevelopmentIndustrial Business Park (per acre) Single Family Homes in lots 6-9 Single Family Homes in lots 3, 10-14 & 17 Single Family Homes Multi-Family Affordable Units (paid by developer)$5,3742,6302,0511,262$66,690 32,639 25,447 15,663 BressiRanch DevelopmentPlanned Industrial Area (per acre)Single Family Homes in PA 11 Single Family Homes, remaining areasMulti-Family Affordable UnitsAnnual Cost(per Unit)Approx Assessment (per Unit)Area
Compliance with Policy 33Compliance with Policy 33¾¾What is Policy 33?What is Policy 33?••Improvements authorized for financingImprovements authorized for financing••Property owner requirementsProperty owner requirements••Maximum assessmentsMaximum assessments••Terms and conditions of bond issuanceTerms and conditions of bond issuance••Other restrictions on use Other restrictions on use ¾¾District complies with policyDistrict complies with policy¾¾Developers are requesting passDevelopers are requesting pass--through of assessmentsthrough of assessments
Compliance with Policy 33Compliance with Policy 33PassPass--through of Assessmentthrough of Assessment¾¾Policy allows passPolicy allows pass--through of through of assessments on residential assessments on residential property property at City’s discretionat City’s discretion¾¾In such cases, it requires:In such cases, it requires:••Disclosure ProgramDisclosure Program••Limit on Total Tax BurdenLimit on Total Tax Burden
Disclosure ProgramDisclosure Program¾¾Written disclosure to purchaser ofWritten disclosure to purchaser of••Assessment lienAssessment lien••Annual paymentAnnual payment••Term of paymentsTerm of payments¾¾Provide option to payProvide option to pay--off or passoff or pass--through through (in writing)(in writing)¾¾Show assessment lien in sales Show assessment lien in sales literatureliterature¾¾Post “Notice of Assessment” in sales Post “Notice of Assessment” in sales officesoffices
Limits to Bond IssuanceLimits to Bond Issuance¾¾Total Tax BurdenTotal Tax Burden••No greater than 1.8%No greater than 1.8%••Anticipate that assessments will fall Anticipate that assessments will fall within limitwithin limit••Bonds will be reduced prior to issuance Bonds will be reduced prior to issuance if not within the limitif not within the limit¾¾Value to LienValue to Lien••Must be 3:1 unless specific findings Must be 3:1 unless specific findings mademade
Approximate ScheduleApproximate Schedule¾¾Hearing to form Hearing to form Assessment DistrictAssessment District¾¾Sale of BondsSale of Bonds¾¾Poinsettia Lane and El Poinsettia Lane and El Fuerte Street open for Fuerte Street open for trafficTonightTonightFall ’04 Fall ’04 Winter ’04 Winter ’04 ––‘05‘05traffic
Actions RequestedActions Requested1.1.Hold the Public HearingHold the Public Hearing2.2.Council Questions and CommentsCouncil Questions and Comments3.3.Clerk count the ballots and report Clerk count the ballots and report 4.4.Council ActionCouncil ActionIf in favor; adopt Resolutions in the If in favor; adopt Resolutions in the agenda billagenda billIf not in favor; direct staff to If not in favor; direct staff to abandon processabandon process