HomeMy WebLinkAbout1979-06-05; City Council; 4098-1; Bristol Cove Assessment District nO. 79-1CITY OF CARLSBAD ^ ' \ '
AGENDA BILL
DEPARTMENT:
NO. ><-/<o
June
City
9<P •" d; ^frpJui'-u yy
5, 1979
Attorney/Public
* >#"/TVX^VS-^ /
Works
Initial:
Dept.Hd.
C. Atty.V^/^3
C. Mgr. "Kj
Sub3ect: ASSESSMENT DISTRICT NO. 79-1
(BRISTOL COVE ASSESSMENT DISTRICT)
Statement of the Matter
In November 1975 the Bristol Cove Property Owners Association
requested that the City Council study possible solutions to
the siltation problem at Bristol Cove. The City Council
considered the matter at their December 16, 1975 meeting
(AB 3546) and again at their May 4, 1976 (AB 3546-Suppl.l).
For background reference the Public Works Administrator's
memoranda of November 24, 1975 and April 12, 1976. The City
Council directed staff to include funds in the 1977 Budget
for the retention of an engineer to explore the feasibility
of an assessment district to install a storm drain system
from the end of James Drive to the intersection of Adams
and Park. On March -15, 1977 (AB 4098) the City Council
authorized negotiation of a contract with the firm of
Bement-Dainwood-Sturgeon for preliminary engineering work
on the proposed district. In response to litigation and
upon the advice of the City Attorney work on that contract
was suspended. Pursuant to agreement among the litigating
parties, an engineering study was accomplished on the over-
all solution to the erosion/siltation problem in the area
As a result of that study, the engineer recommended
construction of a storm drain system pursuant to assessment
district proceedings.
The Public Works Administrator and the engineer will present
a full staff report on this matter at the June 5, 1979
Council meeting. If the City Council wishes to go forward
with the project, they should take the series of actions
outlined in the attached Order of Procedure and adopt
the attached resolutions.
Exhibits
1. Order of Procedure for Assessment District No.79-1.
2. Special Counsel Agreement.
3. Resolution No. 5780 designating persons and making
appointments.
4. Resolution No. 5781 adopting proposed boundary map.
b. Resolution No. 57R? making prelimininary determinations
and ordering report.
6. Resolution NO. 5783 approving report and settingpublic hearing. y
Recommendation 13to adopt
AB #4098 - Sup #1
June 5, 1979
Page 2
Council Action:
6-5-79
Council concurred with staff recommendations and adopted the following:
Resolution No. 5780, designating persons to perform various duties for
proceedings in a special assessment district.
Resolution No. 5781, adopting map showing general nature, location and exten
of the construction of certain public works of improvement and showing the pro-
posed boundaries of the assessment district to be assessed for certain costs
and expenses of said improvement.
Resolution No. 5782, covering preliminary determination and ordering the pre-
paration of a report on said improvement.
Resolution No. 5783, approving report under the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931", and fixing a date of
hearing thereon.
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 79-1
(BRISTOL COVE ASSESSMENT DISTRICT)
DATE OF MEETING:
MR. BECKMAN:
CITY ATTORNEY:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
MR. DAINWOOD:
CITY COUNCIL:
CITY COUNCIL:
July 17, 1979
June 5, 1979.
Presentation of proposed Boundary
Map indicating the following:
(a) Boundaries of proposed
Assessment District;
(b) Extent of works of
improvement..
Presentation of Special
Counsel Agreement.
Adopt RESOLUTION NO. 5780
MAKING APPOINTMENTS.
Adopt RESOLUTION NO. 5781
ADOPTING PROPOSED BOUNDARY
MAP. "'
Adopt RESOLUTION NO. 5782
COVERING PRELIMINARY
DETERMINATION.
Presentation of Report pursuant
to the provisions of the "Special
Assessment Investigation,
Limitation and Majority Protest
Act of 1931," and summarizing
the contents thereof (Division 4
Report).
Discussion on proposed
Division 4 Report.
Adopt RESOLUTION NO. 5783
APPROVING REPORT AND
SETTING PUBLIC HEARING.
Date of Public Hearing at which
City Council determines whether
or not to proceed with the
formation of the Assessment
District. If the City Council
decides to proceed, it would
basically consider the following:
(a) Ordering the preparation
of the Plans and Specificatio
(b) Authorizing the acquisition
of necessary rights-of-way.
* * *
RESOLUTION NO. 5780
• ' RESOLUTION OF THE CITY COUNCIL DESIGNATING
PERSONS TO PERFORM VARIOUS DUTIES FOR PRO-
CEEDINGS IN ,A SPECIAL ASSESSMENT DISTRICT.
• CITY OF CARLSBAD
WHEREAS, this City-Council is, at this time, considering the for-
mation of a special assessment district pursuant to the terms and
provisions of the "Municipal Improvement Act of 1913", being Di-
vision 12 of the Streets and Highways Code of the State of Cali-
fornia, for the construction of certain public works of improve-
ment within said City in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time, this City Council is desirous of making
the required appointments and designations necessary in order to
allow said proceedings to be carried through to completion.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
• ;••'
CITY OF CARLSBAD
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2.
SECTION 3.
SECTION 4.
LESTER'G. EVANS is hereby appointed
to perform all of the duties and functions of thp
Superintendent of Streets as said duties are specified
and designated in the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways
Code of the State of California, for the above re-
ferenced Assessment District.
That the place for recordation of the assessment roll
and diagram shall be in the Office of the Superinten-
dent of Streets and said assessment roll and diagram
shall be kept as a permanent record of the City.
That F. MACKENZIE BROWN, attorney at law, is hereby
appointed to act as bond counsel for said proceedings
for the preparation of all necessary resolution's,
notices, issuance of bond opinion, and other legal
work in connection with said Assessment District as
said duties and terms and conditions are set forth
in an Agreement entitled SPECIAL COUNSEL AGREEMENT,
a copy of which is on file in the Office of the City
Clerk and said Agreement is hereby approved and exe-
cution is authorized by the Mayor and City Clerk.
SECTION 5.That JOHN F. DAINWOOD is
hereby appointed the Engineer of Work for said
proceedings, and said Engineer of Work shall perform
all of the duties and responsibilities as set forth
by law as they relate to said Assessment District.
SECTION 6. That the Carlsbad .Tournal is hereby desig-
nated as the newspaper for these proceedings and
is to be the neswpaper for all legal publications
as required by law and as necessary for the completion
of this Assessment District.
APPROVED and ADOPTED this ,5th day of June, 1979
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
-2-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
I, ALETHA L. RAUTENKRANZ, City Clerk.of the City of Carlsbad,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 5780, 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 sth day of
June , 19_79 and that the same was passed and adopt-
ed by the following vote, to-wit:
Packard, Lewis, AnearAYES: COUNCILMEN: Skotnicki, and CounciIwoman
Casler
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Executed this 6th day of June , 19 79 ,. at CARLSBAD,
California.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
RESOLUTION NO.5781
RESOLUTION OF THE CITY COUNCIL ADOPTING A
MAP SHOWING THE GENERAL NATURE, LOCATION
AND EXTENT OF THE CONSTRUCTION OF CERTAIN
PUBLIC WORKS OF IMPROVEMENT AND SHOWING
THE PROPOSED BOUNDARIES OF THE ASSESSMENT
DISTRICT TO BE ASSESSED FOR CERTAIN COSTS'
AND EXPENSES OF SAID IMPROVEMENT.
CITY OF CARLSBAD
WHEREAS, there has been received and presented, a map showing the
general nature, location and extent of the proposed improvement
work, and also designating and describing the boundaries of the
area proposed to be assessed in an assessment district under the
provisions and authority of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the
State of California; said assessment district is known and desig-
nated .as
.ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment-District").
NOW, THEREFORE, IT IS. HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CARLSBAD
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That a map of the Assessment District showing the
general nature, location, and extent of the pro-
posed public improvement work, and also showing
and describing the boundaries of the proposed
Assessment District and lands and property to be
specifically assessed to pay all the costs and
expenses of the proposed improvements designated
as PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 79-1
is hereby submitted, and the same is hereby app-
roved and adopted.
SECTION 3. That the original map of said proposed boundaries
of the Assessment District, and one copy thereof,
is to be filed in the Office of the City Clerk,
„ • and a copy thereof in' the Office of the designated
Superintendent of Streets.
SECTION 4. That the City Clerk is directed to endorse on the
original and on at least one copy of the map of
the Assessment District as herein referred to, a
certificate evidencing the date and adoption of
this Resolution, and is further directed to file
the original of such in their office and within
fifteen (15) days after the adoption of the Re-
solution fixing the time and place of the hearing
on the formatioil or extent of said Assessment
District, a copy of said map shall be filed with
the correct and proper endorsements thereon with
the County Recorder, all in the manner and form
provided for in Section 3111 of the Streets and
Highways'Code of the State of California.
SECTION 5. That said proceedings are proposed to be financed
through bonds to be issued pursuant to the terms
and provisions of the "Improvement Act of 1911",
being Division 7 of the Streets and Highways Code
of the State of California.
APPROVED and ADOPTED this 5th day of Oune .
•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 )
I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No.5781 , 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 ReguTar
meeting of said City Council, held on the~5th day of
June , 19_, and that the same was passed and adopt-
ed by the following vote, to-wit:
Packard, Lewis, AnearAYES: COUNCILMEN: Skotnickl, and Councilwoman
Casler
NOES: COUNCILMEN: Hone
ABSENT:
Executed thissth day -of
CARLSBAD,- California.
COUNCILMEN:
. -June
None
_, 19 IS at
CITY CLE
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
RESOLUTION 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 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.
SECTION 5. 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.
SECTION 6. That this legislative body does, at this tirae, 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.
SECTION 7. That the'works of improvements as proposed to be
constructed under these proceedings for this Assessr
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
Counc il.
APPROVED and ADOPTED this 5th day of Oune, 1979 .
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 5th day of
June , 19 7% and that the same was passed and adopt-
ed by the following vote, to-wit:
AYES:
NOES:
Packard, Lewis, Anear
COUNCILMEN: Skotnicki, and CounciIwomanCasler
COUNCILMEN: None
ABSENT: COUNCILMEN: None
Executed this 6th day of June , 19 79 , at CARLSBAD,
California.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
RESOLUTION NO. 5783
RESOLUTION OF THE CITY COUNCIL APPROVING
REPORT UNDER THE "SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931", AND FIXING A DATE
OF HEARING THEREON
CITY OF CARLSBAD
WHEREAS, this Council did, on the gt^ day of .June., 1979 »
by Resolution No. 5782 > order the preparation of a report under
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, in the matter of the
construction of certain public works of improvement in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment District"); said public
works of improvement are generally described as follows:
The construction, and installation of a 48" diameter ' •
drainage culvert, together with appurtenances and.
appurtenant work, to protect abutting lands from ero-
sion and inundation and alleviate deposition in the
BRISTOL COVE CHANNEL.
and,
WHEREAS, such Report has been prepared and submitted to this City
Council. •
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CARLSBAD
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Report for the Assessment District so pre-
pared and presented be, and the same hereby is,
approved, and the fact and date of this approval
shall be endorsed thereon and the Report shall be
filed with, the City Clerk.
SECTION 3. THAT THIS CITY COUNCIL DOES HEREBY FIX THE__JJ7th.
DAY OF July.. 1979 AT THE HOUR OF 6; 00, p.m.IN THE COUNCIL CHAMBERS IN THE CITY HALL AS THE TIME
AND PLACE WHEN A HEARING OK SAID "REPORT" WILL BE HELD
BY THIS CITY COUNCIL. THE CITY CLERK SHALL GIVE NOTICE
OF SUCH HEARING BY MAILING A COPY OF THE NOTICE, POST-
AGE PREPAID, TO ALL PERSONS OWNING REAL PROPERTY WHICH
IS PROPOSED TO BE ASSESSED TO PAY ANY PART OF THE COST
OF THE WORK, WHOSE NAMES AND ADDRESSES APPEAR ON THE
LAST EQUALIZED ASSESSMENT ROLL AVAILABLE ON THE DATE
THE REPORT WAS COMMENCED, AT HIS ADDRESS AS SHOWN ON
SUCH ROLL, OR AS KNOWN TO THE CITY CLERK, ALL IN THE
MANNER AND FORM PROVIDED FOR IN SAID DIVISION 4.
APPROVED and' ADOPTED this 5th <jay Of June, 1979
'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 )
I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 5783 , 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
_day ormeeting of said City Council, held on the 5th
June , 19_7_9, and that the same was passed and adopt-
ed by the following vote, to-wit:Packard, Lewis, Anear,
AYESs COUNCILHEN: Skotnlcki, and CounciIwoman
Casler
NOES: COUNCILMEN: None
Executed this
California.
ABSENT:
6th day of
COUNCILMEN: None
Oune 19 79 , at CARLSBAD,
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]