HomeMy WebLinkAbout1984-11-06; City Council; 7306-4; James Drive Assessment DistrictO
£
O
1
_i
O
OO
CIT\ JF CARLSBAD — AGENDA >ILL
ARtt 7*^°* " V
MTG 11/06/84
DEPT. ENG
TITLE:
JAMES DRIVE
ACCfCCMITMT HTCTDTPTAbbLbbMLN I Ulb I KIL I
HFPT HD. K^
CITY ATTY 0r
CITY MGR._<^r
RECOMMENDED ACTION:
1.
2.
3.
Adopt Resolution No.
Assessment District.
Adopting the Proposed Boundaries of the
Adopt Resolution No. ~7fo *7 Making a Preliminary Determination and
Ordering the Preparation of a Report on Improvements.
Adopt Resolution No. ^7f"Q 0 Approving a Report Under the "Special
Assessment, Investigation, Limitation and Majority Protest Act of 1931"
and Setting a Hearing Date for December 11, 1984
ITEM EXPLANATION;
On June 6, 1984, the City Council directed staff to proceed with work on
the James Drive Assessment District. Council also approved a consultant
agreement with Berryman and Stephenson to perform the assessment
engineering. F. Mackenzie Brown was retained as assessment counsel and has
prepared the subject Resolutions as the next legal step in forming this
Assessment District. These Resolutions approve the boundary map of the
district, make determinations about its formation, and order a report on
the improvements proposed, approving a 1931 Act report and setting a
hearing date for December 11, 1984.
FISCAL IMPACT:
City Council had previously appropriated $78,000 for the formation of this
assessment district. The expenditures will be reimbursed to the City
through the sale of bonds if the assessment district is formed and
improvements constructed.
EXHIBITS:
1. Location Map.
2. Resolution No. 7S"Q C Adopting the Proposed Boundaries.
3. Resolution No. *7^"O "7 Making Determinations and Ordering a Report
on Improvements.
4. Resolution No.
Hearing Date for December 11, 1984.
Approving a 1931 Act Report and Setting a
LOCATION MAP
OAK ±Z=AVE.
CITY MAP BOOK PAGE
1 JAMES OR* ASSESS. OiST.
PROJ.
NO.
3/35
EXHIBIT!
/
RESOLUTION NO.7806
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
A MAP SHOWING THE PROPOSED BOUNDARIES
OF A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the City Council of the City of Carlsbad,
California, has been presented and has received a map showing 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 known and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That a map of the Assessment District,
showing the boundaries of the proposed Assessment District and
lands and property to be assessed to pay the costs and expenses
of the proposed improvements designated as
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)"
is hereby submitted, and the same is hereby approved and
adopted.
SECTION 3. That the original map of said proposed
boundaries of the proposed Assessment District and one copy
thereof are to be filed in the Office of the City Clerk.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 4. A certificate shall be endorsed on the
original and on at least one copy of the map of the Assessment
District, evidencing the date and adoption of this Resolution,
and within fifteen (15) days after the adoption of the Resolution
fixing the time and place of hearing on the formation 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held on the 6th day of November , 1984,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
MARY H. CALER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Qfrerk
(SEAL)
RESOLUTION NO. 7807
1
RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF CARLSBAD, CALIFORNIA, COVERING PRELIMINARY
DETERMINATION AND ORDERING THE PREPARATION OF
3 A REPORT ON SAID IMPROVEMENT
4
WHEREAS, the City Council of the City of Carlsbad,
5
California, in contemplating the construcion of certain public
6
works of improvement under proceedings conducted pursuant to the
"Municipal Improvement Act of 1913", being Division 12 of the8
Streets and Highways Code of the State of California, in ay
special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-2
11 (JAMES DRIVE)
12 (hereinafter referred to as the "Assessment District").
13 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1'* SECTION 1. That the above recitals are all true and
15 correct.
1® SECTION 2. That certain public works of improvement,
1' together with appurtenances and appurtenant work, including
18 acquisition where necessary,* are proposed to be done and made
1° within the boundaries of the Assessment District. In connection
20 therewith, it is found and determined as follows:
21 A. That the specific nature of the proposed
22 works of improvement consists of all the work as shown on the
23 proposed boundary map, as previously approved for this Assessment
24 District.
25 B. That the boundaries of the Assessment
26 District and the lands and properties within the Assessment
27 District proposed to be assessed to pay the costs and expenses of
28 said proposed works of improvement are as shown upon a map of the
Assessment District, which map has been heretofore approved and
is on file with the transcript of these proceedings. Said map
shall govern for all details as to the extent of the Assessment
District.
SECTION 3. That the statute under which it is proposed
to conduct proceedings is the "Municipal Improvement Act of
n
' |1913", being Division 12 of the Streets and Highways Code of the
o
State of California, with bonds proposed to be issued as
Q
authorized by the "Improvement Act of 1911", being Division 7 of
said Code.
SECTION 4. That this proposed improvement is referred
12 to BERRYMAN & STEPHENSON, INC., who is hereby appointed to
procure all necessary information to prepare a report on the
proposed improvement in the manner and form provided for in
15 Division 4 of the Streets and Highways Code of the State of
California, the "Special Assessment Investigation, Limitation and
17 Majority Protest Act of 1931".
18
19
20
21
22
23
24
25
26
27
28
SECTION 5. That this Resolution and the Report as
ordered herein are pursuant to the provisions of said Division
4.
SECTION 6. That said Report, pursuant to Division 4,
shall have attached to it a copy of this Resolution upon its
adoption.
SECTION 7. That the works of improvement as proposed to
be constructed under these proceedings generally consist of the
following:
Construction of certain street improvements in
JAMES DRIVE between OAK AVENUE and BASSWOOD AVENUE, including,
but not limited to, grading, paving, curb and gutters, drainage
facilities, water and sewer improvements, public utility
facilities, and acquisition of rights-of-way, where necessary,
together with appurtenances and appurtenant work, to serve the
5 parcels within the boundaries of ASSESSMENT DISTRICT NO. 83-2
6 (JAMES DRIVE).
7 SECTION 8. That this City Council does not, at this
time, intend to make any contribution or appropriation of funds
toward any of the costs and expenses of the works of improvement,
as provided under these proceedings, and all costs and expenses
related thereto shall be financed through special assessments
•••* levied upon benefited lands and properties within the boundaries
of the Assessment District in the manner and form as established
•" by law.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held on the 6th day of Noventoer , 1984,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES:
ABSENT:
MARY \U CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl<erk
(SEAL)
RESOLUTION NO. 7808
2
3
AND FIXING A DATE OF HEARING THEREON.
4
5
6
TJ' "Report" under the provisions of the "Special Assessment
8
* being Division 4 of the Streets and Highways Code of the State of
10
•^ of improvement in a special assessment district known and
13
(JAMES DRIVE)14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A REPORT
UNDER THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931",
WHEREAS, the City Council of the City of Carlsbad,
California, has by Resolution ordered the preparation of a
Investigation, Limitation and Majority Protest Act of 1931",
California, relating to the construction of certain public works
designated as
ASSESSMENT DISTRICT NO. 83-2
(hereinafter referred to as the "Assessment District"); said
works of improvement generally described as the construction of
certain street improvements in JAMES DRIVE between OAK AVENUE and
BASSWOOD AVENUE, including, but not limited to, grading, paving,
curb and gutters, drainage facilities, water and sewer
improvements, public utility facilities, and acquisition of
rights-of-way, where necessary, together with appurtenances and
appurtenant work, to serve the parcels within the boundaries of
ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE).
WHEREAS, such "Report" has now been prepared and
submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
1 SECTION 2. That the "Report: so prepared and presented
2 be, and the same is approved, and the fact and date of this
3 approval shall be endorsed thereon and the "Report" shall be
filed with the transcript of these proceedings.
SECTION 3. That the City Council does hereby fix
Tuesday, the 11th day of December, 1984, at the hour of 6:00
P.M., in the Council Chambers, City Hall, as the time and place
when a hearing on said "Report" shall be held. The City Clerk
shall give notice of such hearing by mailing a copy of the
notice, postage 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 the address as shown on such roll, or as known to the City
Clerk, all in the manner and form as provided for in said
Division 4 of the Streets and Highways Code of the State of
14
15
16
17
18
19
20
21
22
24
25
26
28
California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held on the 6th day of November » 1984,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES:
23 ABSENT:
MARY H. 'CASLER, MayorA 1 I L o I *
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
1200 ELM AVENUE • ^SB^.H TELEPHONE
CARLSBAD, CA 92008-1989 V^W SjM (619) 438-5541
Office of the City Engineer
Citp of Cartebab
November 8, 1984
Vera L. Lyle
County Recorder
P. 0. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following described
document:
Map of proposed boundaries of Assessment
District No. 83-2 (James Drive).
Our staff has determined that the recordation of this
document is of benefit to the City; therefore, it is
requested that the fees be waived.
Thank you for your assistance in this matter.
KAREN R.^KUWDTZ
Deputy City Clerk
Enc.
BERRYM4N & STEPHENSON, INC.
Consultants to Governmental Agencies
To:Date: Vp - "</
BSIJobNo.
Project:
ATTN:( TV
Via: H Messenger
D Pickup
We are forwarding herewith:
D Express
D Mail
D Blueprinter
D Other
Originals
^ Prints
•iption: K^qs.'S1
Copies
Plans
X
Report
Drawings
Specifications
Other
This material is:
D For you r approval.
D For your review.
D For your files.
H Per your request.
D Approved by us.
D Returned by us.
D For use on job.
D
Remarks:
From: BERRYMAN & STEPHENSON, INC.Copies to:
Received by:
If enclosures received are not as listed above, notify us af once.
16880 West Bernardo Drive, San Diego, California 92127 (619) 451-6100