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Home My WebLink About1979-07-17; City Council; 4098-2; Bristol Cove Assessment District No. 79-1, It, CITY OF CARLSBAD AGENDA BILL NO. DATE: DEPARTMENT: 4098 - Supplement #2 July 17, 1979 Public Works flont Hffif C. Atty C. Mgr. .£ W/3&- \J SUBJECT: ASSESSMENT DISTRICT NO. 79-1 (BRISTOL COVE) STATEMENT OF THE MATTER The City Council, by unanimous adoption of Resolution No. 5783 accepted the Debt Limit Report on the proposed Bristol Cove Assessment District and set the report to public hearing on July 17, 1979. Due and proper notice of the public hearing and the proposed assessments has been sent to each property owner. The matter before council this evening is to hear testimony in conformance with the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931." . If, after hearing testimony, Council is of the opinion that the project is feasible and that the land can carry the burden of the proposed assessment, then their action would be to adopt the attached Resolution by a 4/5 vote. The project engineer, as part of the staff presentation, will summarize the contents of the report and explain the method of spreading assessments. EXHIBITS Debt Limit Report (on file in City Clerk's Office). Resolution No. c5"^5~0 • RECOMMENDATION If Council concurs, adopt Resolution No. c5~<Pi5~Q • Council Action: 7-17-79 Council adopted Resolution No. 5850, determining that public interest, convenience and necessity require the improvements and appurtenances substantially as set forth in the Report filed pursuant to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931, and that the project is feasible, and lands will be able to carry the burden of the proposed assessment. -Zaecr F. MACKENZIE BRDWN INCORPORATED (7 I 4-) 752-9025 (213) 489-SOO6 ISOO DOVE STREET, SUITE MO NEWPORT BEACH, CALIFORNIA 9Z66O June 26, 1979 RautenkranzMs. Aletha L. City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] Dear Ms. Rautenkranz: Enclosed herein please find the following documents with regard to the above-referenced Assessment District: 1. Order of Procedure; and 2. Resolution Determining Necessity. The hearing of the Debt Limit Report and the consideration of the enclosed Resolution Determining Necessity should gener- ally be conducted in the manner and form as set forth in the enclosed Order of Procedure, which Order of Procedure should be helpful to you in the preparation of your minutes for the public hearing. As written protests are filed against these proceedings, I would appreciate conformed copies thereof being transmitted to this office. If there are to be any changes or modifications to the proceed- ings, it will be necessary that a Resolution Ordering Changes and Modifications be prepared for consideration by the City Council. At this time, no changes or modifications have been proposed. Note in the Order of Procedure that the Resolution Determin- ing Necessity requires a 4/5 vote of the City Council for its adoption. Ms. Aletha L. Rautenkranz City of Carlsbad June 26, 1979 Page Two Upon your review, if you have any questions, please call. I am planning on being present at the public hearing scheduled for the 17th of July 1979. Thank "•?yours, F. MACKENZIE BROWN FMB:lw Encl. cc: Vince Biondo, Esq. City Attorney Mr. John F. Dainwood Bement-Dainwood-Sturgeon MEMO RAN DUM TO: City Clerk DATE: July 10, 1979 FROM: Public Works Administrator SUBJECT: Bristol Cove Assessment District Following the mailing of our May 23, 1979 letter to the prop- erty owners in the proposed Bristol Cove Assessment District we learned that some of the parcels had changed ownership. Parcels 4 and 5, previously owned by Spencer and Laura Smith, are now owned by James E. and Betty Giusto, Jolie Areu and Sylvia Partida, who also own Parcel 2. Unfortunately, the County assessor rolls show no evidence of this change of own- ership; consequently, when mailing material to the property owners we'll have to use the County records even though they appear to be in error. Ronald A. Beckman, P.E. Public Works Administrator RAB:VEB 1200 ELM AVENUE • ^7 , • • TELEPHONE: CARLSBAD, CALIFORNIA 92008 »«Ul/ (VM (714)729-1181 Cttp of Cartefcafc July 9, 1979 Subject: Assessment District No. 79"! This is to confirm that a meeting will be held at 7:00 p.m. on Thursday, July 12, 1979 in the City Council Chambers at 1200 Elm Avenue. The purpose of the meeting is to outline the engineering re- port and proposed assessment spread for the referenced proj cct. Mr. John Dainwood, the engineer of work, as well as members of the engineering staff will be present to discuss the project and answer questions. We hope to see you there Ronald A. Beckman, P.E. Public Works Administrator RAB-.VEB C: City Manager City Clerk*— City Engineer John Dainwood C i ty Attorney 1200 ELM AVENUE B ^SfS » • TELEPHONE: CARLSBAD, CALIFORNIA 92008 la^Ql/ftfS (714)729-1181 Cttp of Cartefcafc Attached letter mailed 7/3/79 to the following property owners Diversified Financial 2170 El Camino Real Suite 205 Oceanside, CA 92054 James E. & Betty Giusto Jolie Areu, Sylvia Partida P.O. Box 6391 Orange, CA 92600 Thomas J. & Marie S. Racciatti 435 Colton Street Newport Beach, CA 92660 Spencer & Laura Smith 837 Manley Drive San Gabriel, CA 91776 Curt E. Aag re c/o Wa1te r Pe rry 4269 Hi 1Iside Drive Carlsbad, CA 92008 Edward C. & Mary L. Moore 901 Avi1 a Avenue Carlsbad, CA 92008 Opal V. Law P.O. Box 506 Carlsbad, CA 92008 Jeffrey & Susan L. Blankenship Larry & Dorothy Howard 344 Chinquapin Avenue Carlsbad, CA 92008 Bristol Cove Homeowners' Association c/o Bart Lefferdink 4485 Cove Drive Carlsbad, CA 92GC-3 Copies of letter also sent to: S. D. Smith City Manager Michael I. Neil City Attorney Robert C. Knauf City Engineer Thomas R. Mitchell Mac Brown John Dainwood City Clerk 1200 ELM AVENUE JS X$^ H TELEPHONE: CARLSBAD, CALIFORNIA 92008 |U£S/tfM (714)729-1181 Citp of Cattebab July 20, 1979 F. Mackenzie Brown 1600 Dove St., Suite 110 Newport Beach, CA 92660 Re: Resolution No. 5850 Assessment District No. 79-1 (Bristol Cove Assessment District) Enclosed for your records please find a copy of the above mentioned resolution, which was adopted by the Carlsbad City Council at their meeting of July 17, 1979. ALETHA L. RAUTENKRANZ City Clerk ALR:krs Enclos ure (1) 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. 5350 , 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 17th day of J u 1 y , 197jj_, and that the same was passed and adopt- ed by the following vote, to-wit: AYES: COUNCILMEN: Packard, Skotnicki, Anear, Lewis & CounciIwoman Casler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Executed this 18th day of July , 19^9_, at CARLSBAD, California. CITY CLERK CITY OF CARLSBAD STATE" OF CALIFORNIA [SEAL] RESOLUTION NO.5850 RESOLUTION OF THE CITY COUNCIL FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVEN- IENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND THAT THE PROJECT IS FEASIBLE, AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. SECTION 2 THE CITY COUNCIL OF THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That all protests and objections be overruled and denied upon the express finding that they are made by owners of less than one-half (1/2) of the area of property to be assessed. That the public interest, convenience and necessity require certain public works of improvement and ap- purtenances and appurtenant work in a special assess- ment district known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] substantially as set forth in the "Report" thereof filed 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. That the project is feasible and that the lands to be assessed will be able to carry the burden of the pro- posed assessments and that the limitations on the amounts of assessments provided in Division 4 of the Streets and Highways Code of the State of California be disregarded both with respect to the limitation on the District as a whole and as to the limitation on individual specific assessments. That by this Resolution it is the intention of this Council to make all findings by the affirmative 4/5 vote of all members thereof that all determinations as to necessity and feasibility and necessity to disregard the limitations and proceedings set up in Division 4 as therein provided be made and determined. APPROVED and ADOPTED this 1 7th day of July. 1979 . SECTION 3, SECTION 4 ATTEST: MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA \ CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] DATE OF HEARING; MAYOR: CITY CLERK: ENGINEER: CITY CLERK: MAYOR: ORDER OF PROCEDURE JULY 17, 1979f 6:00 P.M. Announce that this is the time and place fixed by the City Council for hearing protests or objections to the "Report" and proposed con- struction and all related matters in ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT]. Report that Notice, pursuant to the provisions of the Streets and High- ways Code, has been given in the manner and form as required by law, and the following affidavit is on file in her office: Certificate of Mailing Notice and Filing Boundary Map Summarize the contents of the "Re- port" pursuant to Division 4 of the Streets and Highways Code of Cali- fornia, and explain method and formula of assessment spread; sum- marize proposed works of improvement, Report of protests: (a) Announce the number of written protests received and an- nounce that copies have been deliv- ered to each member of the City Council; OR (b) Announce the number of written protests received and read in full; OR (c) Announce that no written protests were received. First, ask to hear from those who have filed written protests. Next, ask to hear from anyone else who wishes to speak in opposition. Then, ask to hear from anyone who wishes to speak in favor of the proceedings and works of improve- ment. OPPORTUNITY FOR REBUTTAL. ORDER OF PROCEF 1 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] PAGE TWO DATE OF HEARING: JULY 17, 1979, 6:00 P.M. MAYOR AND COUNCIL: Discussion. STAFF: Report on the percentage of pro- tests. STAFF: Presentation of any possible changes and modifications to the work, the Debt Report, or the pro- posed boundaries of the Assess- ment District. MAYOR AND COUNCIL: By Motion, declare the Public Hearing CLOSED. MAYOR AND COUNCIL: By Motion and roll call, overrule and deny all protests as protests are made by owners of less than 1/2 of the assessable area of property within the boundaries of the Assessment District. MAYOR AND COUNCIL: Adopt RESOLUTION FINDING AND DETER- MINING PUBLIC INTEREST, CONVENIENCE AND NECESSITY (4/5 vote). -2- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that land owned by you, or in which you are interested, is proposed to be assessed for the cost of cer- tain improvements in an assessment district known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"). The estimated cost of the improvement is as follows: Estimated Cost of Construction: $221,490.00 Estimated Incidental Expenses; 56,782.00 Total Estimated Cost: $278,272.00 Estimated Contribution: - 75,000.00 Balance to Assessment: $203,272.00 The assessed value of lands within the Assessment District is the sum of $ 826,675.00 . The estimated true value of the lands within the Assessment District is the sum of $ 1,653,350.00 . The total estimated amount of assessment upon lands to be assessed for acquisitions or improvements previously done or ordered is the sum of $ 1,468.14 . The estimated amount of your proposed assessment is approximate only, is based upon the estimated cost above stated, and is not to be deemed the actual amount which v/ill be assessed. DESCRIPTION OF IMPROVEMENT The construction and installation of a 48" diameter drainage culvert, together with appurtenances and appurtenant work in connection 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 designed to benefit and protect all abutting lands from erosion and inundation, as well as alleviate deposition in the BRISTOL COVE CHANNEL. For parti- culars as to the alignment of the proposed drainage culvert, reference is made to the proposed BOUNDARY MAP as previously adopted by this City Council. Said construction and improvements are to be performed pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of Cali- fornia, and bonds shall be issued to finance said improvements pur- suant to the provisions of the "Improvement Act of 1911", being Division 7 of said Code. NOTICE IS FURTHER GIVEN THAT A HEARING WILL BE HELD IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS LOCATED IN CITY HALL, ON Tuesday , THE 17th DAY OF July. 1979 , AT THE HOUR OF 6:00 O'CLOCK P.M., AT WHICH TIME AND PLACE ALL PROTESTS AND OB- JECTIONS WILL BE HEARD. THE PROCEEDINGS FOR SAID IMPROVEMENT ARE PROPOSED TO BE CONDUCTED UNDER THE "MUNICIPAL IMPROVEMENT ACT OF 1913", BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. A "Report" pursuant to the provisions of Division 4 of the Streets and Highways Code of the State of California on the proposed project is on file in the Office of the City Clerk and is open to public inspection. NOTICE IS FURTHER GIVEN THAT THE TIME AND PLACE ABOVE MENTIONED IS THE HOUR, DAY AND PLACE FOR THE HEARING ON SAID RESOLUTION, AND IS THE TIME AND PLACE FOR ANY AND ALL PERSONS HAVING ANY OBJECTIONS OR PROTESTS TO THE SAID PROPOSED IMPROVEMENTS, TO THE EXTENT OF THE ASSESSMENT DISTRICT, OR BOTH, THE "DEBT REPORT", OR TO THE PROPOSED GRADES FOR THE WORK OR THE METHOD OF FINANCING, TO APPEAR BEFORE SAID CITY COUNCIL AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT IN ACCORDANCE WITH SAID RESOLUTION COVERING PRELIMINARY DETERMINATION. ANY INTERESTED PERSON WISHING TO PROTEST OP. OBJECT TO THE PROCEEDINGS SHOULD FILE A WRITTEN PROTEST OR OBJECTION, AS PROVIDED IN 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. Reference is hereby made to said Resolution on file in the Office of the City Clerk for a description of the work, the Assessment District, and all further particulars. FOR ANY AND ALL INFORMATION relating to protest procedure, any and all documentation relating to these proceedings, including information of a technical nature, your attention is directed to the person at the agency or department designated below: John F. Dainwood Ronald Beckman Bement-Dainwood-Sturgeon, Public Works Director Civil Engineers City of Carlsbad 6150 Mission Gorge Road, 1200 Elm Avenue Suite 128 Carlsbad, California 92008 San Diego, California 92120 (714) 729-1181 (714) 280-4842 DATED: CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA The estimated amount of the proposed assessment upon your lands for the proposed improvement mentioned above is as follows: ASSESSMENT NUMBER PROPERTY DESCRIPTION ESTIMATED ASSESSMENT -2- Ma VO 00 Ln LO hd 03H O0) ao hd CT* 03 O>h{ O ft fD E^ MH Oa 0OOP • ET 00 -~J LO 4^... rtET* hdh{ co 0 H 0 0 OP fD ET 1 — ' oo a •-J OM . 03 "*^Jh-> \o 1 — l" • H* hdE! 030 i-t £ fD CO t-" H-<; afD O CO O•• . 03EJa rt rt > ET* E3" CO I-J h{ CO O O fD £ £ CO OP OP COET ETO Ln LO - Ln Ln CO W hd hd O 03 03 O H H ^O OfD fD a h-1 h-1 O•aaO O 10• • o-gLn JN- — 1 O hd rt 03hd Er'OP 03 i-J fD K Oo 0 afD OP O MET- a -P- i-1 O 00 Ln . -. o -Ln hd00 03 hd -• H CuO Hhd fD O 03 M fD H Mo afo o ah-" 0 a <-n O LO OI-1 I>co CO fD COcoon.. CD woo a0. N)o - hd 03 OPfD a0 • M vOho • hd 03 o fDl-» ao o LO J> CO CO fD CO COon_ CO w 0oX4 a0• N>ocr> » hd 03 OPfD a0 • ,_1 vOto - hd 03 o fD1 — I ao oto !>CO CO fDCO COob[ .. CO woo a0• too • hd 03OP fD a0 • (-J VO 10 •• hd 03 Ho fDI-1 ao o1 — " J> CO CO fD CO COo4 4 co woo 7? ao • N)o vT> - hd 03OP fD ao • I-1 CTio» hd 03 o fDh-1 ao 1 — I LO J> CO CO fD CO COoh< ~ CO (3do 0Ff ao• too ^J • hd 03OP fD ao • ototo ~ hd 03no fD1 — 1 a0 Mto J> CO CO fDCO CO 0nM CO woo ^" a0• too•-J ~ hd 03OP fD a0 • ototo - hd 03 Ho fDI-1 a0 1 — I 1 — ' J> co CO fD CO COol-i• 03 woo pj* ao• too — J«• hd 0)OP fD a0 • o N) 10 - hd 03Ho fD h-1 ao I-1 o !>CO CO fD CO COo H• CO woo 7? a0• roo >• hd 03OPfD ao • o 10to - hd 03 Ko fD1— 1 a0 o 00 J> CO CO fD CO COo h{ ~ co w 0o 7? a0• IOo - hd 03CP fD a0 • ototo - hd 03 o fDI-1 ao o CT> L-1 fDJp 03I_J 0 fD COoH H-td rt H-o Ui ooo • oo 0 00 «~J 01 CO -J Ln OO ON O O vO O O O O Oo ^•J 00 -•J OOto -^j oo oo u> s«oLn O O OO -p- U3 O U> Ln • Oo Ln Ln 00 oo CO cofDCOCOg3rt 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 Specifications; (b) Authorizing the acquisition of necessary rights-of-way. * * *