HomeMy WebLinkAbout1980-05-06; City Council; 4098-8; Assessment District No.79-1mmt
CITY OF CARLSBAD
Initial:
AGENDA BILL NO. 4098 -Supplement No. 8 . t Head
DATE: May 6' 198° C. Atty
DEPARTMENT:
__
Engineering _ C- M9r- JQ
SUBJECT: ASSESSMENT DISTRICT NO. 79-1 (BRISTOL COVE)
STATEMENT OF THE MATTER
On July 17, 1979 the City Council held a public hearing on the Debt'Limit
Report on the proposed Bristol Cove Assessment District. After the hearing
the Council unanimously adopted Resolution No. 5850 which found that the
project is feasible and that the land can carry the burden of the proposed
assessment. . . . -
On April 1, 1980, Council approved advertisement for bids for construction
and authorized issuance and sale of bonds.
The matters before Council'this evening are to consider (1) the construction
bids and bond bids; (2) to hear the spread of assessment; (3) to hear protests
or comments in favor of the Assessment District; (4) to order condemnation of
easements.
As a result of the reports and hearing, the Council will be asked to adopt a
series of resolutions.
EXHIBITS
1. Order of Procedure
2. Bid Summary ]
3. Map of Property.to be Condemned
4. Necessity for Condemnation
5. Letter from Consultant in Support of Need to File a Condemnation Action.
6. Resolution No. &»/7,5"Ordering Changes and Modifications (if necessary)
7. Resolution No. (e/7& Overruling and Denying Protests
8. Resolution No. /0/77 Confirming the Assessment
9. Resolution No. {, /7f Accepting Proposal for Sale of Bonds
10. Resolution No. (^77? Necessity to Condemn
RECOMMENDATION
Adopt Resolution No.s: Ctn^ , jj> /76 . (s/77 , 6/7P . and /0/7?
'»
Council Action:
5-6-80 Council adopted Resolution 6175, 6177, 6178 and 6179.
CITY OF CARLSBADASSESSMENT DISTRICT NO. 79-1[BRISTOL-COVE ASSESSMENT DISTRICT]ORDER OF PROCEDUREDATE OF PUBLIC HEARINGS:MAY 6, 1980; 6:00 P.M.MAYOR:
CITY CLERK:
STAFF:
STAFF:
STAFF:
Announce that this is the time andplace for two (2) Public Hearings on
Assessment District No. 79-1. Those
Public Hearings are as follows:
1. Hearings on Engineer's Report
pursuant to provisions of Muni-
cipal Improvement Act of 1913";
2. Hearings on Necessity to Con-
demn.
Announce that Notice of Hearing under
Division 12 of the Streets and High-
ways Code of the State of California
has been given in the manner and form
as required by law, and that the fol-
lowing affidavits are on file in the
Office of the City Clerk:
1. Certificate of Posting Streets;
2. Certificate of Mailing Notice
and Filing Boundary Map;
3. Affidavit of Publication of
Notice of Improvement;
4. Affidavit of Publication of
Notice Inviting Sealed Bids;
5. Certificate of Posting Notice
Inviting Sealed Bids;
6. Certificate of Mailing Bond
Notice;
7. Certificate of Mailing Notice
to Condemn.
Explain purpose, scope and Order of
Procedure for Public Hearing.
Explain general nature, location and
extent of the proposed works of im-
provement and boundaries of the
Assessment District.
Present and summarize "Report" pur-
suant to the provisions of the "Muni-
cipal Improvement Act of 1913", con-
sisting of the following:
a. Plans;
b. Specifications;
c. Assessment Diagram;
e. Description of Works of
Improvement.
- continued -
ORDER OF PROCEDURECITY OF CARLSBADASSESSMENT DISTRICT NO.79-1PAGE TWODATE OF PUBLIC HEARING:STAFF:
STAFF:
STAFF:
STAFF:
CITY CLERK:
MAYOR:
STAFF:
STAFF:
STAFF:
MAY 6, 1980; 6:00 P.M.Report to City Council the number ofconstruction bids and give a reportand recommendation.NO COUNCIL ACTION
Report to City Council the number of
bids received for the sale of bonds
and give a report and recommendation.
NO COUNCIL ACTION
Explain formula and method of spread
of assessment.
Summary of extent of easements still
to be obtained.
Announce the number of written pro-
tests received and announce that
copies have been delivered to each
member of the City Council;
OR
announce that there were no written
protests.
First, ask to hear from those who have
filed a written protest against the
proceedings.
Next, ask to hear from anyone else
who wishes to speak against the im-
provement, the Assessment District,
or the method of spread.
Then, ask to hear from anyone who
wishes to speak in favor of the pro-
ceedings.
OPPORTUNITY FOR REBUTTAL.
Report as to percentage (%) of pro-
tests by area.
Discussion on proceedings and explana-
tion of alternatives available to City
Council.
Presentation of any proposed changes
or modifications to the Engineer's
Report and the Assessment Roll.
- continued -
ORDER OF PROCEDURECITY OF CARLSBADASSESSMENT DISTRICT NO. 79-1PAGE THREEDATE OF PUBLIC HEARINGS:CITY COUNCIL:CITY COUNCIL:CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
MAY 6, 1980; 6:00 P.M.Discussion on changes and modifications.Declare the Public Hearing CLOSED.Adopt RESOLUTIONS ORDERING CHANGES ANDMODIFICATIONS, (if necessary)
ADOPT RESOLUTION OVERRULING AND DENYING
PROTESTS.
Adopt RESOLUTION CONFIRMING THE ASSESS-
MENT.
Adopt RESOLUTION ACCEPTING PROPOSAL
FOR SALE OF BONDS.
Adopt RESOLUTION ON NECESSITY TO CON-
DEMN. [Four (4) votes required for
passage)
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MEMORANDUM - April 25, 1980
TO: City Manager
FROM: City Engineer
SUBJECT: BRISTOL COVE ASSESSMENT DISTRICT
In order to complete the Bristol Cove strom drain project prior to the
next rainy season, it seems inevitable that the City will have to initiate
condemnation proceedings against the Guisto properties. Prior to doing so,
the Council should be firmly convinced that the benefits to be gained by
the project outweigh the negative aspects of condemnation:
Public Interest and Necessity
The primary purpose of the project is to solve a significant erosion and
sedimentation problem and protect the Agua Hedionda Lagoon.
Practically all of the sediment that is deposited in Bristol Cove Channel
at present is generated in the area between Adams Street and Holiday Manor,
and between Park Drive and Highland Drive. The highly erodible soils in
this area are subjected to damage from surface runoff to an extent but are
considerably more vulnerable to the cutting velocities along the banks of
the streambed due to the concentrated flows.
Conservatively, an average of 8,000 cubic yards per year of this material
will be displaced and ultimately deposited in the Bristol Cove Channel
unless protected from the high velocities of transient waters. The proposed
culvert system would eliminate this problem.
The erosion generated by local runoff is estimated at only several hundred
cubic yards per year which would dissipate as land development progressed.
The project would enhance the use of the Bristol Cove recreation area. It
would also allow the elimination of an open drainage course and make more
land available for use.
Necessity of Taking Property
The existing storm drain on James Drive ends where it abuts the Guisto
property. The alternatives to acquiring property are to (1) do nothing
and let the siltation problem continue, or (2) install desilting basins/check
dams along the existing channel which would also require acquisition of
property. Both alternatives have been considered and both were discarded
as undesirable. The "do-nothing" alternative would result in the continued
destruction of property by erosion and the deposit of 8,000 cubic yards of
silt in the Bristol Cove each year. The check dam/desilting basin alter-
native would require acquisition of property along the existing drainage
course which would make large portions of land undevelopable.
-2-
BRISTOL COVE ASSESSMENT DISTRICT
Design and Location Most compatible with Greatest Public Good and
Least Private Injury
The design consultant reviewed alternative methods of protecting Bristol
Cove from siltation. He determined that the only means other than the
proposed culvert system would require, as a minimum, the acquisition of
right-of-way for the construction of check dams and desilting basins along
the route of the contributory streambed. Not only would this alternative
also require property acquisition, but the open drainage course would
remain and the need for continued maintenance of the desilting basins
would be a reoccurring expense.
The proposed easement is across property which is only sparsely developed
and will not affect any existing residences.
The Giusto property, while contributing the majority of the storm drain
easement, will also benefit most from the project. The widest, deepest
portion of the eroded drainage course is over the Giusto property. With
the construction of the storm drain, the property owner will have more
property available for development by regrading his parcels and filling
the drainage ditch.
The easement is located along existing property lines rather than cutting
across parcels. It also originates at existing James Drive where the
proposed culvert will connect with the present storm drain.
LE:mmt
4/25/80
iviacFARLANE and PIPPIN, .ssociates
4434 30th STREET, SUITE C
SAN DIEGO, CALIFORNIA 9 2116
(714) 280-6470
April 18, 1980
Mr. William C. Baldwin
Assistant City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Bristol Cove Assessment District No. 79-1 (Parcels 2, 4 & 5,
Giusto, et al.)
Dear Mr. Baldwin:
The following information is offered in support of the need to
file a condemnation action in order to acquire an easement for
drainage, sex^erage and incidental purposes along, across and
under Parcels 2, 4 and 5 (Giusto, et al.).
1. February 19, 1980 - Initial offer letter, copy enclosed.
Mailed with a Return Receipt Requested - letter signed for February
26, 1980.
2. March 21, 1980 - Follow-up letter, copy enclosed. Mailed
to same address as the initial offer letter. This follow-up letter
was returned March 27, 1980, to sender and noted not deliverable as
addressed.
3- April 1, 1980 - Follow-up letter dated March 21, 1980,
was post dated April 1, 1980, and mailed to James E. Giusto at 2035
East Alvarado Street, Fallbrook, CA 92028.
4. April 1, 1980 - Initial letter to James E. Giusto regard-
ing the need for a temporary encroachment permit effecting Parcel 5.
This letter was sent to the 2035 East Alvarado Street, Fallbrook, CA
02928, address.
5- April 4, 1980 - Called James E. Giusto at 714/723-1228
(Fallbrook;.Spoke to his daughter who gave me his business phone
number in Alhambra, California 213/286-3626. An answering device
responded under the name State Equities and requested that I give
my name, address, phone number and nature of my inquiry.
6. April 8, 1980 - Follow-up telephone to State Equities'
number in Alhambra, California. Answering device still monitoring
incoming calls. Left request for return call. Telephone company
would not give me address even though I had a company name, phone
number and locale. Checked out the company name in the Alhambra
telephone directory. No listing under State Equities.
Bill MacFarlane and Carl Pippin
Real Estate Brokers, Appraisers and Consultants
Bristol Cove Assessment District
No. 79-1 (Parcels 2, 4 & 5, Giusto,
et al.)
Page 2
April 18, 1980
7. April 15, 1980 - Follow-up letter regarding the apparent
impasse in negotiations.
Based upon Mr. Giusto's lack of response, it is my opinion that a
negotiating impasse has been reached as of this date. It is recom-
mended that the City Council set a hearing date for the adoption of
a resolution authorizing a condemnation action and notify James E.
Giusto, et al., of said hearing date. Legal description for the
parcels to be acquired are enclosed.
It is suggested that the City Council adopt a resolution setting
forth the following:
(1) It is in the public interest to acquire a permanent ease-
ment for drainage, sewerage and incidental purposes and a temporary
working easement over, under and across those certain parcels iden-
tified as Parcels 2, 2A, 4, 4A, 5 and 5A, in support of the Bristol
Cove 1913 Act Assessment District No. 79-1, a public improvement
project.
(2) Declaring the need to acquire the easement and temporary
working easement a "public necessity".
(3) A fair market value estimate of $1,500, based upon an in-
dependent fee appraisal, dated January 3, 1980, represents the
amount which was offered as just compensation and was presented to
the owner(s) in compliance with federal and state law.
(4) Authorizing or directing the City Attorney to proceed with
a condemnation action to acquire said easement and temporary working
easement under eminent domain authority and obtain immediate possession.
The list of parties to be served a "Complaint", "Order for Immediate
Possession", and "Lis Pendens" are enclosed.
Very truly yours,
Bill MacFarlane
Real Estate Consultant
BM/vcf
Enclosures
RESOLUTION NO. 6176RESOLUTION OF THE CITY COUNCIL OVERRULINGAND DENYING PROTESTS AND MAKING CERTAINFINDINGS IN A SPECIAL ASSESSMENT DISTRICT.WHEREAS, this City Council has, by Resolution, declared its
intention to order the construction of certain public works of
improvement, pursuant to the terms and provisions of the "Munici-
pal Improvement Act of 1913," being Division 12 of the Streets
and Highways Code of the State of California, in a special assess-
ment district in said City known and designated as
ASSESSMENT DISTRICT NO. 79-1
(hereinafter referred to as the "Assessment District"); and
WHEREAS, certain owners of property liable to be assessed for im-
provement have filed written protests or objections and delivered
the same to the Clerk not later than the hour set for hearing such
objections; and
WHEREAS, at the time set for said Public Hearing, all protests and
objections were duly, heard and considered by the City Council and
all matters as to the method and formula of the assessment spread
and the determination as to whether or not the property did receive
a benefit and whether the assessments were apportioned in accord-
ance to benefit were heard and considered by 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
SECTION 3
That all protests and objections of every kind and
nature be, and the same hereby are, overruled and de-
nied, and it is further determined that said protests
and objections are made by the owners of less than
one-half (1/2) of the area of property to be assessed
for said improvements within said Assessment District.
That it is hereby further determined that all prop-
erties within the boundaries of the Assessment Dis-
trict receive a local and direct benefit from the
works of improvement as proposed for said Assessment
District, and it is hereby further determined and
declared that all assessable costs and expenses have
been apportioned and spread over the properties within
the boundaries of the Assessment District in direct
proportion to the benefits received thereby.
rSECTION 4 That the Engineer's method of spread and apportion-ment of all costs is hereby adopted and approved bythis City Council as being a correct and proper ap-portionment and distribution of all assessable costsfor these works of improvement.APPROVED and ADOPTED this day of
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. , was duly passed, approved, andadopted by said City Council, approved and signed by the Mayor,and attested by the City Clerk, all at a ___meeting of said City Council, held on the day of
, 19 , and that the same was passed and adopt-
ed by the following vote, to-wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Executed this
California.
day of ,19 , at CARLSBAD,
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEALJ
RESOLUTION NO. 6175
RESOLUTION OF THE CITY COUNCIL ORDERING
CERTAIN CHANGES AND MODIFICATIONS IN THE PRO-
CEEDINGS AND ASSESSMENTS IN AN ASSESSMENT
DISTRICT.
WHEREAS, this City Council has instituted proceedings pursuant
to the terms and provisions of Division 4 of the Streets and
Highways Code of the State of California, the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931,"
and under the provisions of the "Municipal Improvement Act of
1913," being Division 12 of said Code, for the construction of
certain public works of improvements, together with appurtenances
and appurtenant work in connection therewith in a special ass-
essment district known and designated as
ASSESSMENT DISTRICT NO. 79-1
(hereinafter referred to as the "Assessment District"); and
WHEREAS, notice of the time and place for the Public Hearing,
pursuant to and in the manner required by law, has been given in
the form and manner prescribed by law and at the time set for the
Public Hearing, the City Council has considered all evidence and
testimony and heard from all persons interested and desiring to
present testimony or to speak at the Public Hearing; and
WHEREAS, prior to said Public Hearing, sealed bids were received
and considered for the construction of the works of improvements
in the Assessment District, and based on the recommendations
therefor it is now determined that assessments can be amended and
modified because of the favorable construction bid so received;
and
WHEREAS, at this time, this City Council deems it desirable and
in the best public interest and convenience to order certain
changes and modifications in the works of improvements as pre-
viously proposed for said Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CARLSBAD
AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public interest and convenience requires,
and pursuant to the provisions of Division 4 of the
Streets and Highways Code of the State of California
and specifically pursuant to the authority of Section
10352 of said Code, this City Council hereby orders
changes and modifications as set forth on the attached
Exhibit "A," hereby referenced and incorporated herein.
SECTION 3. That the Superintendent of Streets is hereby ordered
to make the above-listed corrections and modifica-
tions for the assessment roll, and the assessments and
the plans shall be so modified to reflect the amend-
ments as ordered by this City Council.
SECTION 4. That the proceedings and assessment district as herein
modified and amended shall now stand as the proceed-
ings and Assessment District for all subsequent actions
to be taken by this City Council, and these changes
and modifications are pursuant to the terms and provi-
sions of Part IV of Division 4 of the Streets and
Highways Code and the terms and provisions of the
"Municipal Improvement Act of 1913," being Division 12
of said Code, and said project is deemed to be sub-
stantially the same as set forth in the "Report" as
previously approved by this City Council.
APPROVED and ADOPTED this 6th day of May. 1980 _•
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
-2-
CHANGES AND MODIFICATIONS
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
I. Based on bids received for the works of improvement and bonds
for this Assessment District, all assessments can be modified
and reduced at this time. It is hereby ordered that the
aggregate assessments for said project be modified as follows:
PRELIMINARY AS
APPROVAL MODIFIED
TOTAL CONSTRUCTION COSTS: $ 224,743.00 $ 190,812.00
TOTAL INCIDENTAL EXPENSES: $ 63,857.00 $ 57,183.00
TOTAL ESTIMATED COST: $ 288,600.00 $ 247,995.00
ESTIMATED CONTRIBUTION: $ 75,000.00 $ 75,000.00
BALANCE TO ASSESSMENT: $ 213,600.00 $ 172,995.00
EXHIBIT "A"
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. 6175 i 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 6th day of
May , 19jBO> and that the same was passed and adopt-
ed by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Executed this
California.
7th day of
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
May
Packard, Lewis, Anear, .
Councilwomen Casler and Kulchin
None
None
, 1980, at CARLSBAD,
^( KajVCITY CLERK
CITY OF CARLSBAD
STA'IE OF CALIFORNIA
[SEAL]
.RESOLUTION NO. gi 77
RESOLUTION OF THE CITY COUNCIL CONFIRMING
THE ASSESSMENT, ORDERING THE IMPROVEMENTS
MADE, TOGETHER V7ITH APPURTENANCES, AND
APPROVING THE ENGINEER'S REPORT.
WHEREAS, this City Council did, on the 1ST ' day of
APRIL, 1980 , adopt its Resolution of Intention No.
6130 f°r tne construction of certain public works of
improvement, together with appurtenances and appurtenant work,
including acquisition, where appropriate, in a special assess-
ment district known and designated as . .
ASSESSMENT DISTRICT NO. 79-1
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a "Report", as
therein provided, was presented, considered, and approved by this
Council; and,
WHEREAS, said "Report" as preliminarily approved contained all the
matters and items called for by law and as pursuant to the provi-
sions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California, in-
cluding the following:
1. Plans and specifications of the
proposed improvements;
2. Estimate of Cost;
3. Diagram of Assessment District;
4. An Assessment according to Benefits;
5. A Description of the Works of Improvement;
and, ••-'..
WHEREAS, this City Council has heard and considered all protests
and a full hearing having been given all in the manner provided by
law; and,
WHEREAS, notices of said hearing were duly and regularly posted,
mailed and published in the time, form and manner required by law
and as evidenced by affidavits on file in the Office of the City
Clerk; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for the
cost of the project did not file written protests against the said
proposed improvements and acquisition, where appropriate, and said
City Council did, after providing a full hearing, overrule and deny
all protests and objections; and,
WHEREAS, said City Council is now satisfied with the assessment and
all matters contained in the "Report", as now submitted,
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", consisting of the assessment and
diagram for the improvements, together with appur-
tenances and appurtenant work in connection therewith,
including acquisition, where appropriate, is hereby
confirmed.
SECTION 3. That the public interest and convenience require the
proposed improvement to be made and therefore said
City Council hereby orders the work to be done and
improvements to be made together with appurtenances
and appurtenant work in connection therewith, in-
cluding acquisition, where appropriate, in said
Assessment District, as set forth in Resolution of
Intention No. 6130 adopted on the 1ST day
of APRIL, 1980 as set forth in the
"Report" presented and considered by this City Council,
and as now submitted.
That the Engineer's "Report", including the estimate
of the itemized and total costs and expenses of said
acquisition, where appropriate, and improvements, in-
cluding incidental expenses in connection therewith,
be and it is hereby finally adopted and so approved.
SECTION 4. That the City Treasurer of this City is hereby autho-
rized and directed to establish a special fund account
to be known and designated as
"IMPROVEMENT FUND FOR
ASSESSMENT DISTRICT NO. 79-1
into which shall be paid all payments to be received
upon said assessment, and the proceeds of the sale of
securities to be issued representing unpaid assessments.
SECTION 5. That the assessment contained in said "Report" is here-
by levied upon the respective subdivisions of land in
the Assessment District as set forth in said "Report".
SECTION 6. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together
with the diagram attached thereto and made a part there-
of, as confirmed by this City Council with his certifi-
cate of such confirmation thereto attached and the date
thereof; and that said Superintendent of Streets shall
then immediately record said diagram and assessment in
his office in a suitable book to be kept for that pur-
pose and attach thereto his certificate of the date of
such recording.
-2-
',-41
SECTION 7.
SECTION 8.
SECTION 9,
That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to each owner
of real property within the Assessment District at his
last known address, as the same appears on the tax rolls
of the City or on file in the Office of the City Clerk
of said City, or to both addresses if said address is not
the same, or to the General Delivery when no address so
appears, a statement containing a designation by street
number or other description of the property assessed
sufficient to enable the owner to identify the same,- the
amount of the assessment, the time and place of payment
thereof, the effect of failure to pay within such time, •
and a statement of the fact that bonds will be issued on
all unpaid assessments pursuant to the applicable
provision of law and the Resolution of Intention.
That said Superintendent of Streets shall also give
notice by publishing a copy of a notice of recording
of assessment in the CARLSBAD JOURNAL
a newspaper published in said City in the manner and
form as provided by law, giving notice that said assess-
ment has been recorded in his Office, and that all sums
assessed thereon are due and payable immediately, and
that the payment of said sums is to be made within
thirty (30) days after the date of recording the assess-
ment, which date shall be so stated in said notice, and
of the fact that securities will be issued upon unpaid
assessments.
That the City Clerk, immediately upon recordation of
the assessment roll and diagram, shall file a certified
copy of the assessment diagram in the Office of the
County Recorder. Immediately thereafter, said City
Clerk further shall record a copy of the notice of
assessment in the Office of said County Recorder in the
manner and form as set forth by lav? and specifically
Section 3114 of the Streets and Highways Code of the
State of California. The assessments do not become a
lien upon the individual and particular parcels within
the boundaries of the Assessment District until said
notice of assessment has been so recorded.
APPROVED and ADOPTED this 6th day of May. 1980
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
. x. e\Ajujb~-KJ(CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
-3-
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. 6177 , 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 6th day of
May , 1980., and that the same was passed and adopt-
ed by the following vote, to-wit:
AYES:
NOES:
ABSENT:
COUNCILMEN: Packard, Lewis, Anear,
Councilwomen Casler and Kulchin
COUNCILMEN: None
COUNCILMEN: None
Executed this
California.
7th day of May 19 80, at CARLSBAD,
/)A±L.ftjJLAJtstJQA
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
RESOLUTION NO. 6178
RESOLUTION OF THE CITY COUNCIL ACCEPTING
PROPOSAL FOR THE SALE OF BONDS AND PROVIDING
FOR THE ESTABLISHMENT OF A REDEMPTION FUND
FOR THE PAYMENT OF SAID BONDS.
WHEREAS, this City Council has heretofore instituted and conduct-
ed proceedings under the provisions of the "Municipal Improvement
Act of 1913," being Division 12 of the Streets and Highways Code
of the State of California, for the construction of certain public
improvements, together with appurtenances, in a special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 79-1
(hereinafter referred to as the "Assessment District"); and
WHEREAS, said City Council in its Resolution of Intention therein
determined and declared that bonds should be issued under the pro-
visions of the "Improvement Act of 1911," being Division 7 of the
Streets and Highways Code of the State of California, for each un-
paid assessment or portion thereof in the amount of One Hundred
Fifty Dollars ($150.00) or more, to finance said improvements; and
WHEREAS, the City Council has now received, in the manner and form
as prescribed by law, a proposal for the purchase of said bonds
in said Assessment District; and
WHEREAS, the proposal received is, in the opinion of this City
Council, considered to be the bid which will best serve the inter-
ests of owners of land within the Assessment District and should
be accepted by this 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 written bond bid proposal received from
STONE & YOUNGBERG
dated the 1st day of May, 1980 is hereby
accepted and approved for the purchase of the improve-
ment bonds for the works of improvement, together
with appurtenances, in the Assessment District.
SECTION 3. That the City Treasurer, or appointed paying agent,
in accordance with the provisions of Part 5 of Division
7 of the Streets and Highways Code, is hereby author-
ized and directed to receive all payments made upon
said bonds and assessments by property owners in a
fund designated by the name of the proceedings, into
which he shall place all sums paid for the principal
of the bonds and the interest thereon, together with
all penalties thereon, and from which he shall dis-
burse such funds upon presentation of proper coupons.
Under no circumstances shall the said bonds or inter-
est thereon be paid out of any other fund except as
provided by law.
SECTION 4. That said fund shall be designated as
"IMPROVEMENT FUND FOR • ...
ASSESSMENT DISTRICT NO. 79-1
SECTION 5. That bonds be issued representing unpaid assessments
against private property in accordance with the provi-
sions of Division 12 of the Streets and Highways Code,
and Division 7 of said Code, for the purpose of paying
the costs of the improvements, together with appurt-
enances and incidental expenses.
«
SECTION 6. That said bonds shall be issued for all unpaid assess-
! ments or portions thereof which amount to One Hundred
Fifty Dollars ($150.00) or more, and shall be in the
respective amounts as set forth in the assessment as
confirmed for said Assessment District. Said bonds
shall be dated as follows:
THE 35TH DAY AFTER RECORDATION
OF THE ASSESSMENT ROLL
Said bonds and the coupons thereof shall be issued
substantially in the form authorized for the issuance
of the bonds under Division 7 of the Streets and High-
ways Code of the State of California. These bonds
shall be serial bonds and shall extend over a period
ending NINE ( 9 ) years from the 2nd day of
January next succeeding the next September 1st following
their date, until the whole is paid, and the interest
shall be payable semi-annually, by coupon, on the
2nd days of January and July, respectively, of each
year following the date of the bonds.
SECTION 7. That the interest rate on said bonds shall be the same
as set forth in the accepted bid proposal as submitted
by the successful bidder previously mentioned herein.
APPROVED and ADOPTED this day of May. 1980
ATTEST:
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
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. 5173 , 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
May , 1980_, and that the same was passed and adopt-
ed by the following vote, to-wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
Packard, Anear, Lewis,
CounciIwomen Casler and Kulchin
None
COUNCILMEN: None
Executed this
Califo'rnia.
7th day of 19 80, at CARLSBAD,
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
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RESOLUTION NO. 6179
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE. CITY OF CARLSBAD,
CALIFORNIA AUTHORIZING CONDEMNATION
OF CERTAIN PROPERTIES FOR THE CONSTRUCTION
OF CERTAIN PUBLIC DRAINAGE IMPROVEMENTS
AND OTHER PUBLIC IMPROVEMENTS TOGETHER
WITH APPURTENANCES AND APPURTENANT WORK
IN CONNECTION THEREWITH.
WHEREAS, the City Council of the City of Carlsbad, California
is proposing certain public drainage improvements and other public
improvements as described herein; and
WHEREAS, the Planning Commission, of the City of Carlsbad,
determined at their regular meeting held November 28, 1979, that
the proposed acquisition and the project is consistent with City's
general plan, as required by Government Code Section 65402 and
Carlsbad Municipal Code Section 2.24.065; and
WHEREAS, Negative Declaration, Log No. 561, has been prepared
and certified in satisfaction of the requirements of the City
of Carlsbad Environmental Protection Ordinance of 1972 as amended
in the California Environmental Quality Act; and
WHEREAS, the City Council has held a public hearing according
to the provisions of the Code of Civil Procedure Section 124.235;
and
WHEREAS, after said duly noticed public hearing, the City
Council of the City of Carlsbad finds, determines and hereby
declares as follows:
1. That public interest and necessity require the
acquisition, construction and completion by the City of Carlsbad,
County of San Diego, State of California, of certain public
improvements to wit: the construction and installation of a 48"
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diameter drainage culvert, together with appurtenances and
appurtenant work in connection therewith, including the acquisition
of necessary rights-of-way for construction and installation of
said culvert, extending from the existing drainage pipe outlet
in James Drive and extending to the 72" drainage culvert at the
intersection of Park Drive and Adams Street in the City of
Carlsbad.
2. That public interest and necessity require the
acquisition of public easements for rights-of-way and other
related purposes for said public improvements over real property
as described in Exhibit A, attached hereto and made a part hereof.
3. That the City of Carlsbad, California is authorized to
condemn said real property for the purposes described herein by
one or more of the following public provisions:
(A) Code of Civil Procedure Sections 1240.010, 1240.110,
1240.120 and 1255.410.
(B) Government Code Sections 37350.5 and 40404(b).
(c) Streets and Highways Code Sections 5101, 5102, 5023,
5023.1, 10010 and 10102.
4. That use of all said real property for public drainage
improvements and other public improvements are public uses
authorized by law.
5. That a taking of said real property described herein is
necessary for the public use and that said real property be so
taken.
6. That the said proposed public improvements are planned
and located in a manner which is most compatible with the greatest
public good and least private injury.
2.
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7. That the Planning Commission has reported that these
public improvements are consistent with the Carlsbad general plan
pursuant to Government Code Section 65402 as implemented by Section
2.24.065 of the Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That the City Attorney is hereby authorized, empowered
and directed in the name of the City of Carlsbad as follows:
(A) To acquire the real property in the hereinafter
described land by donation, purchase or by condemnation in
accordance with the provisions of Part 3, Title 7 of the Code
of Civil Procedure of the State of California.
(B) To prepare and prosecute in the name of the City
of Carlsbad such suit or suits in the proper courts having
jurisdiction over such suit or suits as are necessary to condemn
said land for the public improvements herein described.
(C) To make application to said court for an order
pursuant to Code of Civil Procedure Section 1255.410 fixing the
amount or amounts of such security in the way of money deposits
as said court may direct to be made upon the taking of possession
of said lands by the City of Carlsbad and to take immediate
possession and use of said land for the purpose of constructing
said public improvements. '
(D) To make deposit of such security out of proper funds
under the control of the City of Carlsbad in such amount or amounts
so fixed and determined and in such manner as the court in which
the condemnation proceedings hereby authorized are pending may
direct.
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<^ \ U-1 r%VINCENT F. »."CCITY ATTORNEY - C!T"1200 ELM AVCARLSBAD, CALIFCH H H HCO -<3 & tn19
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3. That the real property, which the City of Carlsbad
by this resolution authorizes to be acquired for construction
and installation of the public drainage and other public
improvements described herein, is described in Exhibit A,
attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on
the 6th day of May , 1980 by the following
vote, to wit:
AYES: Councilman Packard, Anear, Lewis, Councilwomen Casler and
Kul chinNOES : None
ABSENT: None
/^ / /^/ /
J^t f^^( ^ (^^c^^^<RONALD C. PACKARD, Mayor
ATTEST:
f\ /^)
/] $ ^f-/ Sr^ ~n\ / — r> I
ALETHA L. RAUTENKRANZ, City Clerk^
(SEAL)
"
'
4.
EXHIBIT A TO RESOLUTION NO. 6179
An easement for drainage and sewerage purposes, over, under and
across the following described parcels in the City of Carlsbad,
County of San Diego, State of California:
Those portions of Lots 16, 1.7, and 18, of Block G, in Bellavista,
according to Map thereof No. 2152, filed in the office of the
County Recorder of San. Diego, March 7, 1929, lying within 10 feet
of the following described centerline measured at right angles
thereto:
BEGINNING at the Northeasterly corner of said Lot 16; thence S26°10'
52"W a distance of 72.25 feet to the TRUE POINT OF BEGINNING;'thence
S28°39'38"E a distance of 14.36 feet to a tangent 195 foot radixis
curve, concave Northeasterly; thence Southerly along the arc of said
curve a distance of 108,20 feet through a central angle of 31 47"34"
to a point of reverse curvature with a tangent 50 foot radius curve,
concave Southwesterly; thence along the arc of said 50 foot radius
curve a distance of 31.03 feet through a central angle of 35 33"34"
to a point of tangency with a line that is parallel with and 10 feet
Southwesterly of the Northeasterly line of said lots; thence S24°
53'38" along said parallel line across said Lots 16, 17 and 18 a
distance of 624.44 feet-.more or less to the Southeasterly line of
said Lot 18. The side lines of said easement to be extended or
shortened to terminate at the Northwesterly line of said Lot 16 and
the Southeasterly line of said Lot 18.
That portion of Lot 19, in Block G, in Bellavista, according to Map
thereof No. 2152, filed in the office of the County Recorder of San
Diego County, March 7, 1929, and more .particularly described as
follows: .
BEGINNING at the most Northwesterly corner of said Lot 19; thence
N66°05'43"E a distance of 180.72 feet to the TRUE POINT OF BEGINNING;
thence S24°53'38"W a distance of 52.32 feet; thence S58°44'01"W a
distance o
thence N66
BEGINNING.
distance of 20.12 feet; thence N24°53'38"W a distance of 54.90 feet;
thence N66°05'43"E a distance of 20 feet to the TRUE POINT OF
That portion of Lot 19, of Block G, in Bellavista, according to Map
thereof No. 2152, filed in the office of the County Recorder of San
Diego County, March 7, 1929, and more particularly described as
follows:
BEGINNING at the most Southwesterly corner of said Lot 19; thence N49°
40'05"E along the Southeasterly line of said Lot 19 a distance of 145.3/1
feet; thence N24°53'38"W a distance of 52.31 feet; thence S58 44'01"U
a distance of 20.12 feet; thence S24 53'38"E a distance of 45.23 feet;
thence S49 34'/i8"V7 along a line that is parallel with and 10 feet
Northwesterly of the Southeasterly line of said Lot 19 a distance of
127.36 feet to the Southwesterly line of said Lot 19; thence S40°2?.'
03"W along r.aid Southwestr.trly line a distance of 10 feet to the point
of beginning.
•A" temporary working cement: for the construct i of sewerage and
'drainage facilities, over, under arid across the following described
parcels in the City of Carlsbad, County of San Diego, State of
California:
Those portions of Lots 16, 17 and 18, of Block G, in Bellavista,
accordinLg to Map thereof No. .2152, filed in the office of the County
Recorder of San Diego County, March 7, 1929, and more particularly
described as follows:
All of said Lots 16, 17 and 18 lying Northeasterly of the following
described lines;
BEGINNING at the most Northwesterly corner of said Lot' 16; thence S26°
10'52"W along the Northwesterly line of said Lot 16 a distance of
114.79 feet to a point of intersection with the arc of a 230 foot
radius curve, concave Northeasterly; thence Southerly along the arc
of said curve a distance of 113.65 feet more or less to a point of
intersection with a line that is parallel with and 50 feet Northwesterly
of the Northeasterly line of said Lots 16, 17 and'18; thence S24°53'38"E
a distance of 639.53 feet to a point on a line 'that bears S76°30'16"W;
thence S76°30t16"W a distance of 16.79 feet to the Southerly line of
said Lot 18.
That portion of Lot 19, in Block G, in Bellavista, according to Map
thereof No. 2152, filed in the office of the County Recorder of San
Diego County, March 7, 1929, and more particularly described as
follows:
BEGINNING at the most. Northwesterly corner of said Lot 19; thence
N66°05I43"E a distance of 130,72 feet to the TRUE POINT OF BEGINNING;
thence continuing N66005'43ME a distance of 30 feet; thence S24°53'
38"E a distance" of 54.90 feet; thence S58°44r01?IW a distance of 30.19
feet; thence N24°53'38"W a distance of. 58,77 feet to the TRUE POINT
OF BEGINNING. '
A portion of Lot 19, of Block G, in Bellavista, according to Map thereof
No. 2152, filed in the office of the County Recorder of San Diego County
March 7, 1929, and more particularly described as follows:
BEGINNING at the most Southwesterly corner of said Lot 19; thence N40°
22'03"W along the Southwesterly line of said Lot 19 a distance of 10
feet to the TRUE POINT 0- BEGINNING; thence continuing N40°22'03"W along
said line a distance of 15.0 feet; thence N49°40'05"E a distance of 29.0
feet; thence N40°22'03"W a distance of 25.0 feet; thence N49°40'05"E a
distance of 78.31 feet; thence K?.4°53'38"W a distance of 8.66 feet;
thence N58°44'01"E a distance of 30.19 feet; thence S24°53'38"E a
distance of 45.23 feet; thence SA9°40'05"W a distance of 127.36 feet
to the TRUli POINT OF BEGINNING.
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