HomeMy WebLinkAbout1979-06-05; City Council; Resolution 5782RESOLUTION NO.5782
RESOLUTION OF THE CITY COUNCIL COVERING PRE-
LIMINARY DETERMINATION AND ORDERING THE PRE-
PARATION OF A REPORT ON SAID IMPROVEMENT.
THE CITY COUNCIL OF THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That certain public works of improvement, together with
appurtenances and appurtenant work in connection there-
with, including acquisition where necessary, are pro-
posed to be done and made within the boundaries of a
proposed assessment district; said assessment district
known and designated as
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment District").
In connection therewith, said City Council finds and
determines as follows:
A. That the specific nature of the proposed works
of improvement consist of all of the work as
generally shown on the map previously approved
relating to the proposed boundaries for the
Assessment District.
B. That the boundaries of the Assessment District
lands proposed to be assessed to pay the costs
and expenses of said proposed work and improve-
ments are as shown on a map of said Assessment
District, which map has been heretofore approved
by this City Council and is on file in the Office
of the City Clerk. Said map shall govern for all
details as to the extent of said Assessment
District.
SECTION 2. That the statute under which it is proposed to conduct
the proceedings is the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways
Code of the State of California, with bonds to be issued
to finance the improvements as authorized by the provi-
sions of the "Improvement Act of 1911", being Division
7 of said Code.
SECTION 3. That this proposed improvement is referred to
JOHN F. DAINWOOD, representative of
BEMENT-DAINWOOD-STURGEON
who is hereby appointed and required to procure all
necessary information to prepare a report on the pro-
posed improvement in the manner and form provided for
in Division 4 of the Streets and Highways Code of the
State of California, the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931".
SECTION 5,
SECTION 6,
SECTION 4. That this Resolution and the Report as ordered
herein are pursuant to the provisions of the
"Special Assessment Investigation, Limitation and
Majority Protest Act of 1931", being Division 4 of
the Streets and Highways Code of the State of
California.
That said Report, pursuant to Division 4, shall
have attached to it, a copy of this Resolution,
upon its adoption, with the Clerk's Certificate
showing the date and vote for said approval.
That this legislative body does, at this time, in-
tend to make a contribution towards certain of the
costs and expenses of the works of improvement, as
proposed under these proceedings. Said contribution
shall generally be as follows:
To pay for certain work determined to be
of benefit to properties and parcels out-
side the boundaries of the Assessment
District, the City is proposing a contri-
bution estimated at this time to be in the
amount of $75,000.00.
That the works of improvements as proposed to be
constructed under these proceedings for this Assess-
ment District are generally described as follows:
The construction and installation of a 48"
diameter drainage culvert, together with
appurtenances and appurtenant work in con-
nection therewith, extending from the
existing drainage pipe outlet in JAMES
DRIVE, and extending to the existing 72"
drainage culvert at the intersection of
PARK DRIVE and ADAMS STREET, in the City
of Carlsbad. Said drainage facility is de-
signed to benefit and protect all abutting
lands from erosion and inundation, as well
as alleviate deposition in the BRISTOL COVE
CHANNEL. For particulars as to the align-
ment of the proposed drainage culvert,
reference is made to the proposed BOUNDARY
MAP as previously adopted by this City
Council.
APPROVED and ADOPTED this 5th day of June. 1979 .
SECTION 7.
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
-2-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD )
ss.
I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No.5782 , was duly passed, approved, and
adopted by said City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at a Regular
meeting of said City Council, held on the
June
ith day of
19 7^ and that the same was passed and adopt-
ed by the following vote, to-wit:
Packard, Lewis, Anear
AYES: COUNCILMEN: Skotnicki, and CounciIwoman
Casler
NOES: COUNCILMEN: None
ABSENT:COUNCILMEN:
Executed this 6th day of June
California.
None
, 19 79 , at CARLSBAD,
faaL ^ fa
CITY CLERK ' V
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
BRISTOL CDVE ASSESSMENT DISTRICT
CARLSBAD, CALIFORNIA
REPORT PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGA-
TION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" ON
THE PROPOSED IMPROVEMENT IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, UNDER THE
MUNICIPAL IMPROVEMENT ACT OF 1913, DIVISION 12 OF THE
STREETS AND HIGHWAYS CODE.
Prepared by:
BEMENT-IMN&m>ST[JRGEON
Civil Engineers
DATED:
APPROVED by the City Council of the City of Carlsbad, California by Resolution
No. 5782 this 5th day of June / 1979.
MAYOR
DOCUMENT NO. |\|/A
Filed in the Office of the City Clerk this 6tn day of June , 1979.
To the City Council of the City of Carlsbad:
Pursuant to Resolution No. 5782 , adopted by you on June 5 , 1979,
a copy of which is attached hereto marked "Exhibit A", I hereby submit to you this
report upon the proposed iirproverrent, described in said resolution. This report is
made under and in accordance with the provisions of the "Special Assessment Investiga-
tion, Limitation and Majority Protest Act of 1931", (Division 4 of the Streets and
Highways Code).
The following are attached hereto marked as indicated and made a part hereof,
to wit:
1. Exhibit B, being a map consisting of 1 sheet, showing the general nature,
location, and extent of said proposed improvement and the exterior boundaries of the
lands proposed to be assessed to pay the costs thereof.
2. Exhibit C, being a description of work and a schedule showing the estimated
cost of the proposed iirprovement and the estimated incidental expenses of the pro-
ceedings. The totals shown in said schedule are as follows:
Total Estimated Cost of Construction 221,490.00
Total Estimated Cost of R/W Acquisition 7,202,00
Estimated Incidental Expenses
Printing, Publication, Mailing, Bond
Printing, Bond Service, Bond Register 1,850.00
Administration 1,200.00
Financial Consulting 2,215.00
Legal Counsel 4,430.00
Design, Plans, Specifications, Con-
tract Documents, Surveying, R/W
Plats, Assessments 34,885.00
Total Estimated Incidental Expenses 44,580.00
Bond Discount 5,000.00
Total Estimated Cost of the Project 278,272.00
Less Estimated Contribution by City of Carlsbad 75,000.00
TOTAL AMOUNT ESTIMATED TO BE ASSESSED 203,272.00
3. Exhibit D, being a schedule showing as to each parcel of land to be specially
assessed the following:
(a) The parcel number corresponding to the number shown on the map,
Exhibit B, hereof.
(b) The assessed value (land only) of such parcel as shown on the assess-
ment roll of San Diego County for the fiscal year 78-79. The total of
said assessed values of land is $826,765.00.
(c) The assessed value of the inprovements on such parcel as shown by
said assessment roll. The total of said assessed values of
improverrents is $1,079,825.00.
(d) The true value (land only) of such parcel calculated in accordance
with the provisions of said Special Assessment Investigation,
Limitation and Majority Protest Act of 1931. The total of said
true values is $1,653,350.00.
(e) The principal sum of all unpaid special assessments heretofore levied,
and all special assessments required or proposed to be levied under
any completed or pending assessment proceedings other than the instant
proceedings upon such parcel. The total thereof is $1,468.41.
(f) The estimated amount of the assessment to be levied in the instant
proceeding upon such parcel to pay the costs and expenses of the
improvement. The total of said estimated assessments is $203,272.00
Bonds shall be issued under the Improvement Act of 1911, Division 7, of said
Streets and Highways Code to represent unpaid assessment over one hundred fifty
dollars ($150.00). The maximum rate of said bonds shall be eight per cent (8%) per
annum, and said bonds shall extend over a period ending nine (9) years from the
second day of January next succeeding the next September 1st following their date, ._
and the principal of said bonds shall be payable in ten (10) annual installments.
Assessments under one hundred fifty dollars ($150.00) shall be subject to the penal-
ties and costs, and collected as provided for case assessments as required by' law.
The redemption provisions of said bonds shall require payment of a premium of five
per cent (5%) of the unpaid principal
Dated
John Fk Dainwood, Engineer^ of Work
EXHIBIT "C"
BRISTOL COVE ASSESSMENT
DESCRIPTION
The improvement would consist of installation of a 48" diameter culvert and appur-
tenances between the existing 48" pipe outlet in James Drive, Holiday Manor Sub-
division and the existing 72" culvert at the intersection of Park Drive and Adams
Street in the City of Carlsbad, as shown on Exhibit "B". The system would inter-
cept all contributory drainage facilities, protect the abutting lands .from erosion
and inundation and alleviate deposition in Bristol Cove Channel.
SUMMARY OF ESTIMATED COST
ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL
1. 48" Culvert 2575 L.F. 65.00 $167,375.00
2. Cleanout or inlet 9 ea. 1,800.00 16,200.00
3. Connections 2 ea. 500.00 1,000.00
Construction Costs $184,575.00
Construction Contingencies 20% 36,915.00
Total Estimated Construction Costs $221,490.00
Estimated R/W Acquisition Costs, including appraisal, negotiation 7,202.00
Estimated Incidental Expenses
Printing, Publication, Mailing, Bond Printing
Bond Service & Register 1,850.00
Administration 1,200.00
Financial Consulting 2,215.00
Legal Counsel 4,430.00
Design, Plans, Specifications, Contract
Documents, Surveying, R/W Plats,
Assessments 34,885.00
Total Estimated Incidental Costs 44,580.00
Estimated Bond Discount 5,000.00
Total Estimated Project Costs 278,272.00
* Less Contribution by City of Carlsbad 75,000.00
TOTAL AMOUNT TO BE ASSESSED 203,272.00
* General funds to offset costs that would normally be bourne by extended area.
EXHIBIT "C1
General Method of Determining Assessments
The boundaries of the district as shown on Exhibit "B" encompass all properties
which directly benefit from the improvements. These are numbered Parcels 1
through 10.
Parcel 10 (Bristol Cove Association) directly benefits since the culvert system
will protect abutting properties from erosion caused by concentrated flows and
the resulting deposition of sediment in Bristol Cove Channel. This will allow
the channel to function satisfactorily as a small boat harbor. To establish
the estimated assessment to Parcel 10 the cost of alternative methods of pro-
tecting the channel from deposition was determined. To alleviate the problem
by any means other than the proposed culvert system would require, as a minimum,
the acquisition of right-of-way and construction of check dams and desilting
basins along the route of the contributory streambed at a cost of approximately
$100,000.00. A functional requirement of the pipe system proposed in this re-
port is that it connect to the existing culvert at the intersection of Park
Drive and Adams Street which discharges into the Cove Channel. Bristol Cove
Association constructed this system. A credit of $25,000.00 was given the Asso-
ciation since this is the estimated cost of extending the proposed 48" culvert
to the cove headwaters by the shortest route. The net assessment to the Asso-
ciation is $75,000.00.
Deducting the City contribution and the assessment to Bristol Cove Association
from the total project cost leaves $128,272^00, which must be bourne by the
remaining parcels (1 through 9) in the district.
The existing streambed is on these parcels and the proposed culvert system will
lie on or abut them. Remaining costs of $128,272.00 were assessed directly to
Parcels 1 through 9 proportionately to the footage of culvert to be constructed
over their property. Where the proposed alignment of the culvert differs sub-
stantially from the existing streambed, as occurs on some properties, minor
adjustments in the footage was made.
EXHIBIT "D"(1)
o
PARCEL NO.
SHOWN
CN PLAT
1.
2.
3.
4.
NAME AND ADDRESS
Diversified Financial
2170 El Camino Real, Suite 205
Oceanside, CA. 92054
James E. & Betty Giusto
Jolie Areu; Sylvia Partida
17291 Irvine Blvd. , Suite 160
Tustin, CA. 92680
Thomas J. & Marie S. Racciatti
435 Colton Street
Newport Beach, CA. 92660
Spencer & Laura Smith
837 Manley Drive
San Gabriel. CA. 9177fi
ASSESSED
VALUE
LAND
$ 18,125.
13,950.
1,450.
1,325.
ASSESSED
VALUE
IMPROVE. TOTAL
$ j? $ .18,125.
2,900. 16,850.
0 1,450.
0 1,325.
mjE
LAND
VALUE
$ 36,250.
27,900.
2,900.
2,650.
OUTSTAND- ESTIMATED
ING ' COST OF
ASSESS. WTRK I
$1,033.64 $15,548.00 ' j
• __ ':
43,035.00 . - - ;
2,777.00 !
% I
j
3,054.00 j
jI
o
M
Xa
Hto
H
Hi
0
5. Spencer & Laura Smith
837 Manley Drive
San Gabriel, CA. 91776
6. Curt E. Aagre
c/o Walter Perry
4269 Hillside Drive
Carlsbad, CA. 92008
7. Edward C. & Mary L. Moore
901 Avila Avenue
Carlsbad, CA. 92008
8. Opal V. Law
P. 0. Box 506
Carlsbad,, CA 92008
9. Jeffrey & Susan L. Blankenship
Larry & Dorothy Howard
344 Chinquapin Avenue
Carlsbad, Ca. 92008
10. Bristol Cove Association
TOTAL
1,325.
7,000.
13,275.
9,875.
10,600.
749,750.
$826,675.
2,550.
2,325.
0
1,325.
9,550
15,600.
9,875.
10,600.
1,072,050. 1,821,800.
2,650.
14,000.
$1,079,825. $1,906,500.
26,550.
19,750.
21,200
1,499,500.
1,653,350.
96.92
337.85
3,887.00
12,772.00
1,468.41
17,769.00
187880.00
10,550.00
75,000.00
$203,272.00