Loading...
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]