HomeMy WebLinkAbout1984-12-11; City Council; 7306-5; James Drive Assessment District Debt limitCIT )F CARLSBAD — AGEND/ JILL
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DEBT LIMIT PUBLIC HEARING
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CITY ATTY
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RECOMMENDED ACTION:
If a majority of property owners are in favor of the Assessment District:
1. Adopt Resolution No. fjfi'3 (0 Overruling and Denying Protests;
2. Adopt Resolution No.
Convenience and Necessity (4/5ths. vote required);
3. Direct staff to proceed with the project.
ITEM EXPLANATION:
Finding and Determining Public Interest,
On November 6, 1984, the City Council adopted Resolution Nos. 7806, 7807 and
7808 adopting proposed boundaries of the Assessment District, approving a
Debt Limit Report and setting December 11, 1984 as a public hearing.
The boundaries of the district have been recorded with the County Recorder
and all property owners have been sent a copy of the report including their
estimated assessment.
If, after taking public testimony, Council wishes to proceed with the
district, the recommended actions should be followed. The next step would
be for the consultant to complete the plans and specifications, advertise
for bids, and return to Council for the final assessment district hearing.
If, however, Council does not wish to proceed with the project, they should
move to abandon the proceedings and direct staff to return with a Resolution
of Abandonment.
Because no assessment district has been processed in Carlsbad for some
years, an Order of Procedure has been included as Exhibit 2 to assist in the
procedure.
FISCAL IMPACT;
Council has previously appropriated $78,000.00 for the formation of the
district. If the district is formed, this money will be reimbursed from the
sale of bonds. If the proceedings are abandoned at this time, funds
remaining from the $78,000.00 (at least $30,000.00 is unspent) will be
returned to the general fund. However, the money spent will be the City's.
Page 2 of Agenda Bill No.
FISCAL IMPACT (continued)
The total project cost is estimated to be $724,080.54. This amount will be
assessed among the property owners to be paid back in monthly installments.
EXHIBITS:
1. Location Map.
2. Order of Procedure.
3. Resolution No. r703(e Overruling and Denying Protests.
4. Resolution No. rf$>'3>'7 Finding and Determining Public Interest,
Convenience and Necessity.
5. Investigation Report, Assessment District No. 83-2 (James Drive) by
Berryman & Stephenson as revised on November 6, 1984 (handed out at
November 6, 1984 Council meeting).
LOCATION MnP
CITY MAP BOOK PAGE
JAMES OR. ASSESS. D/ST.
PROJ.
NO.
3/35
EXHIBIT
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
DATE OF PUBLIC HEARING:DECEMBER 11, 1984
MAYOR:
CITY CLERK:
STAFF:
MAYOR:
CITY COUNCIL:
STAFF:
STAFF:
Announce that this is the time and place for hearing protests or
objections to the "Report", the proposed construction and all
related matters in ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE).
Report that Notice, pursuant to the provisions of the Streets and
Highways Code, has been given in the manner and form as required
by law, and the following affidavit is on file:
Certificate of Mailing Notice and Filing Boundary Map.
1. Summarize the contents of the "Report" pursuant to Division 4
of the Streets and Highways Code of the State of California;
2. Explain method and formula of assessment spread;
3. Summarize proposed works of improvement.
4. Summarize number of written protests received, and report on
percentage (%) of protests by assessable area.
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 improvement.
Discussion.
Report on final percentage of protests (%).
Presentation of any possible changes and modifications to the
work, the Debt Report, or the proposed boundaries of the Assess-
ment District.
IF THE LEGISLATIVE BODY DESIRES TO PROCEED WITH THE PROJECT:
IF ANY CHANGES AND MODIFICATIONS ARE NECESSARY, A RESOLUTION ORDERING CHANGES AND
MODIFICATIONS WILL BE PRESENTED, IF APPROPRIATE.
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
Adopt RESOLUTION OVERRULING AND DENYING PROTESTS.
Adopt RESOLUTION FINDING AND DETERMINING PUBLIC INTEREST, CON-
VENIENCE AND NECESSITY (4/5's vote required).
Direction to proceed with the processing of the Assessment
District.
IF THE LEGISLATIVE BODY DOES NOT WISH TO PROCEED WITH THE PROJECT:
CITY COUNCIL:BY MOTION, order the abandonment of the proceedings and direct ,,
the preparation of the appropriate Resolution of Abandonment. 7
* * * *
RESOLUTION NO.
2
RESOLUTION OF THE CITY COUNCIL OF3 THE CITY OF CARLSBAD, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS,4 AND OVERRULING AND DENYING PROTESTS
IN A SPECIAL ASSESSMENT DISTRICT5
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,6
CALIFORNIA, has heretofore commenced proceedings 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, for the construction
,- of certain public works of improvement, together with appurte-
nances and appurtenant work, in a special assessment district
,, known and designated as-LO
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, a time and place for public hearing, pursuant
17 to said "Special Assessment Investigation, Limitation and Majority
18 Protest Act of 1931" has been set: and,
19 WHEREAS, notice of the public hearing was given in the
20 manner and form as required by law, and, at the time for said
21 public hearing, all protests, written or oral, to the proceedings,
22 and all matters related to the report for the Assessment District,
23 were considered, and all persons had an opportunity to appear and
24 present testimony relating to said Assessment District; and,
25 WHEREAS, at said time of the public hearing, all matters
26 as to the method and formula of the assessment spread and the
27 determination as to whether or not the property did receive a
28
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benefit, and whether the assessments were apportioned in accor-
dance to benefit were considered.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
0
- correct,o
SECTION 2. That all protests and objections of every
Q kind and nature be, and the same hereby are, overruled and denied,o
and it is further determined that said protests and objections are9
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.... property to be assessed for said improvements within said Assess-
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made by the owners of less than one-half (1/2) of the area of
ment District.
SECTION 3. That it is hereby further determined that
all properties within the boundaries of the Assessment District
,K receive a local and direct benefit from the works of improvement13
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.
SECTION 4. That the Engineer's method of spread and
apportionment of all costs is hereby adopted and approved as beinq
a correct and proper apportionment and distribution of all assess-
able costs for these works of improvement.
PASSED, APPROVED and ADOPTED at a regular meetina of the City
Council held on the day of , 1984, by the
following vote, to wit:
, AYES:o
NOES:4
ABSENT:o
6
7 ATTEST:
8
WSITY ti. TASLER, Mayor
g ALETHA L. RAUTENKRANZ, City Clerk
10 (SEAL)
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1
RESOLUTION NO. 7F-3 7
M
RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, FINDING
AND DETERMINING THAT THE PUBLIC INTE-4 REST, CONVENIENCE AND NECESSITY REQUIRE
- THE IMPROVEMENTS AND APPURTENANCES SUB-0 STANTIALLY AS SET FORTH IN THE REPORT
* FILED PURSUANT TO THE "SPECIAL ASSESS-
0 MENT INVESTIGATION, LIMITATION AND MAJO-
7 RITY PROTEST ACT OF 1931": THAT THE
' PROJECT IS FEASIBLE: AND THAT THE LANDS
o WILL BE ABLE TO CARRY THE BURDEN OF THE
PROPOSED ASSESSMENT
9 THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
10 DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That all protests and objections be over-
no ruled and denied on the express finding that they are made by the
13 owners of less than one-half (1/2) of the area to be assessed.
14 SECTION 2. That the public interest, convenience and
15 necessity require certain public works of imorovement and appurte-
nances and appurtenant work in a special assessment district known
17 and designated as
18 ASSESSMENT DISTRICT NO. 83-2
19 (JAMES DRIVE)
2Q (hereinafter referred to as the "Assessment District") substan-
21 tially as set forth in the "Report" thereof filed under the provi-
22 sions of the "Special Assessment Investigation, Limitation and
23 Majority Protest Act of 1931", being Division 4 of the Streets and
24 Highways Code of the State of California.
25 SECTION 3. That the project is feasible and that the
2Q lands to be assessed will be able to carry the burden of the
27 proposed assessment, and that the limitations of the amounts of
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assessments provided for in Division 4 of the Streets and Highways
2 II
Code of the State of California be disregarded both with respect3 II
II to the limitation on the Assessment District, as a whole, and as
_„ to the limitation on individual specific assessments. .
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SECTION 4. That by this Resolution, it is the intention !
of this City Council to make all findings by the affirmative four-
fifths (4/5ths) vote of all members thereof that all determina-
tions as to feasibility and necessity to disregard the limitations
and proceedings set up in Division 4 as therein provided be made
,, II and determined.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the day of , 1984, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
MARY H. CASL ER, Mayor
""ATTEST:II20
ALETHA L. RAUTTNKRANrTCity Clerk
22 " (SEAL')n
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CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
INVESTIGATION REPORT
PURSUANT TO
SPECIAL ASSESSMENT INVESTIGATION
LIMITATION AND MAJORITY PROTEST ACT OF 1931
BERRYMAN & STEPHENSON, INC.
16880 WEST BERNARDO DRIVE
SAN DIEGO, CA 92127
OCTOBER 1984
(" i «J PAGesJ (-o
AGENCY: CITY Of CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
TO: CITY COUNCIL
INVESTIGATION REPORT
Pursuant to the provisions of the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931", being Part
2, Division 4 of the Streets and Highways Code of the State of
California, and in accordance with an order of the legislative
body of the CITY OF CARLSBAD, STATE OF CALIFORNIA, adopted on the
day of , 1984, I submit herewith the following
report.
DATED this day of , 1984.
BERRYMAN & STEPHENSON, INC.
By.
Charles R. Bras
Engineer of Work
RCE 14220
Report approved the day of , 1984, by the City
Council of the City of Carlsbad and filed in the Office of the
City Clerk on the day of , 1984.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
SECTION 1
REPORT
That the works of improvement proposed herein are to
be constructed in a special assessment district known
and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
SECTION 2,
SECTION 3,
SECTION
SECTION
The following report is made and filed herein pursu-
ant to the order of the aforestated City Council by
Charles R. Bras, authorized representative of
BERRYMAN & STEPHENSON, INC., the appointed ENGINEER
OF WORK.
The general nature, location, and extent of the pro-
posed street improvements in said Assessment
District, together with appurtenances and appurten-
ant work, and the boundaries of the District of lands
to be assessed to pay any part of the cost thereof,
are as shown and described in Resolution No. ,
adopted on the day of
a plat or diagram entitled:
1984, and on
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
which Resolution and plat or diagram are on file in
the Office of the City Clerk of the City of Carlsbad
and made a part of this report by reference as though
fully set forth herein.
The estimated cost of the proposed improvements is as
shown on Exhibit "A" attached hereto and made a part
hereof.
The assessed value of each parcel of land to be
specially assessed as shown on the last equalized
assessment roll available on the date of this report
was commenced, the total assessed value of said
lands, the true value of said lands, the estimated
amount of the assessment to be levied upon each
parcel of land to be assessed for said improvements,
and the amount as near as may be determined of the
total principal sum of all unpaid special assessments
'and special assessments required or proposed to be
levied under any completed or pending assessment
proceeding, other than that contemplated in the
instant proceedings, whether direct or ad valorem,
upon each parcel of the lands to be assessed herein,
if any, is as shown upon the list thereof hereto
attached, marked Exhibit "B", and by reference made a
part hereof as though set forth fully herein.
SECTION 6,
SECTION 7,
SECTION 8,
SECTION 9.
SECTION 10.
SECTION 11
SECTION 12
SECTION 13
Pursuant to statute, the following is herewith pro-
vided :
a. Total Assessed Valuation, Land
b. Total Assessed Valuation, Improvements
c. True Value of Land
d. Unpaid Special Assessments
The total estimated amount of assessment under this
proceeding is $724,080.
Serial bonds to represent unpaid assessments and
bearing interest at a rate not to exceed twelve
percent (12%) per annum, will be issued pursuant to
the provisions of the "Improvement Act of 1911",
being Division 7 of the Streets and Highways Code of
the State of California, to represent each assessment
of $150.00 or more remaining unpaid for thirty (30)
days after the date of the recordation of the
assessment. Said serial bonds shall extend over a
period of ( ) YEARS from
the 2nd day of January next succeeding the 1st day of
September following their date.
A copy of said Resolution No. , adopted pur-
suant to Section 2821 of the Streets and Highways
Code of the State of California, is attached hereto,
marked Exhibit "C", and by reference is made a part
hereof.
The redemption provisions of said bonds shall provide
for payment of a premium of five percent (5%) of the
unmatured principal of said bonds for redemption
prior to maturity.
Said proceedings are proposed to be conducted pur-
suant to the terras and provisions of the "Municipal
Improvement Act of 1913," being Division 12 of the
Streets and Highway Code of the State of California.
That a general description of the works of improve-
ment for this Assessment District is as set forth in
Exhibit "D" attached hereto and by reference made a
part hereof.
-That a statement and explanation of the method and
formula of the assessment spread for these proceed-
ings and this Assessment District is attached hereto
as Exhibit "E", and by reference made a part hereof.
ENGINEER'S ESTIMATE OF COSTS AND EXPENSES
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
EXHIBIT "A"
CJ.TY OF CARLSBAD (JAMES DRIVE)
ASSESSMENT DISTRICT NO. 83-2
PROJECT COST ESTIMATE
I. Construction Cost
Preliminary
Item Description Quantity Rate Cost
Improvements within Street Area
1 Clearing and Grubbing LS $30,000.00
2 Excavation 950 CY $6.50 6,175.00
3 18" Storm Drain Pipe 50 LF 50.00 2,500.00
4 4' Catch Basin 1 EA 2,000.00 2,000.00
5 8" V.C.P. 800 LF 19.00 15,200.00
6 Manhole 4 EA 1,500.00 6,000.00
7 Dead End 1 EA 650.00 650.00
8 Laterals 22 EA 650.00 14,300.00
9 8" Water Line 960 LF 21.00 20,160.00
10 Fire Hydrant 3 EA 2,500.00 7,500.00
11 Water Service 22 EA 500.00 11,000.00
12 Connection 1 EA 2,000.00 2,000.00
13 Curb & Gutter 1800 LF 10.00 18,000.00
14 Cross Gutter 160 SF 3.00 480.00
15 Sidewalk 7200 SF 2.50 18,000.00
16 A.C. Berra 140 LF 4.00 560.00
17 3"A.C./4"A.B. Pavement 35900 SF 1.25 44,875.00
18 Gas, Elect., Tel., & CATV 960 LF 75.00 72,000.00
19 Street Lights & Conduits 3 EA 3,000.00 9,000.00
Subtotal: $280,400.00
Improvements Outside Street Area
20 36" Storm Drain Pipe 370 LF $72.00 $26,640.00
21 Curb Inlet 1 EA 3,000.00 3,000.00
22 Junction Structure 2 EA 2,500.00 5,000.00
23 'V Swale 160 LF 10.00 1,600.00
24 8" Sewer Pipe 400 LF 19.00 7,600.00
25 Manhole 2 EA 1,500.00 3,000.00
26 Sewer Connection 1 EA 1,000.00 1,000.00
27 8" Water Line 400 LF 21.00 8,400.00
28 Water Line Connection 1 EA 2,000.00 2,000.00
Subtotal: $58,240.00
Subtotal: $338,640.00
15% Contingency 50,796.00
Total Construction Costs: $389,436.00
CITY OF CARLSBAD
(JAMES DRIVE)
ASSESSMENT DISTRICT NO. 83-2
PROJECT COST ESTIMATE
II. Estimated Incidental Expenses
1 Preliminary Study
2 Design Engineering (R/W & Survey)
3 Assessment Engineering
4 Construction Administration
5 Soils Engineering
6 City Costs
7 Special Counsel
8 Financial Consultant
9 County Costs
10 Printing, Posting & Advertising
11 Bond Printing & Servicing
12 Plan Checking
13 Easement Appraisal & Acquistion
Subtotal:
15% Contingency:
Total Incidentals Expenses:
Preliminary
Estimate
$13,960.00
19,970.00
9,210.00
23,020.00
2,340.00
7,000.00
12,000.00
7,000.00
1,200.00
3,400.00
2,000.00
7,000.00
83,256.00
$191,356.00
28,703.40
$220,059.40
COST ESTIMATE SUMMARY
III.
IV.
Construction Costs
Incidental Expenses
Total Construction Costs
and Incidental Costs
Bond Discount (8%)
Subtotal
Reserve Fund (10%)
Subtotal
Cash Contribution
TOTAL TO ASSESSMENT:
Preliminary
Estimate
$389,436.00
$220,059.40
$609,495.40
48,759.63
$658,255.03
65,825.50
$724,080.54
.00
$724,080.54
ASSESSED VALUES
TRUE VALUE
PROPOSED ASSESSMENTS
AMD
ASSESSMENT DIAGRAMS
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
EXHIBIT "B"
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CO
RESOLUTION OF DETERMINATION
(Section 2821 Streets & Highways Code)
CITY OF CARLSBAD
ASSESSMENT DISTRICT No. 83-2
(JAMES DRIVE)
EXHIBIT "C"
n
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
COVERING PRELIMINARY DETERMINATION
AND ORDERING THE PREPARATION OF A
- REPORT ON SAID IMPROVEMENTo
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
is contemplating the construction of certain public works of
improvement under proceedings conducted pursuant to the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
6
10
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RESOLUTION NO.
Highways Code of the State of California, in a special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District").
14 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
15 SECTION 1. That the above recitals are all true and correct.
~\ fi SECTION 2. That certain public works of improvement, together
17 with appurtenances and appurtenant work, including acquisition
l flwhere necessary, are proposed to be done and made within the boun-
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daries of the Assessment District. In connection therewith, it is
found and determined as follows:
A. That the specific nature of the proposed works
of improvement consists of all the work as shown on the proposed
boundary map, as previously approved for this Assessment District.
B. That the boundaries of the Assessment District
and the lands and properties within the Assessment District pro-
posed to be assessed to pay the costs and expenses of said proposed
works of improvement are as shown upon a map of the Assessment
1
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 1913",
being Division 12 of the Streets and Highways Code of the State of
California, with bonds proposed to be issued as authorized by the
"Improvement Act of 1911", being Division 7 of said Code.
SECTION 4. That this proposed improvement is referred to
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BERRYMAN & STEPHENSON, INC., who is hereby appointed to procure all
necessary information to prepare a report on the proposed improve-
ment in the manner and form provided for in Division 4 of the
Streets and Highways Code of the State of California, the "Special
Assessment Investigation, Limitation and Ma.iority Protest Act of
ii
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 facili-
ties, water and sewer improvements, public utility facilities,
acquisition of ri ghts-of -way, where necessary, together with
1
appurtenances and appurtenant work, to serve the parcels within the
_ boundaries of ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE),o
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 pro-
vided under these proceedings, and all costs and expenses related
thereto shall be financed throuqh special assessments levied upon
benefited lands and properties within the boundaries of the Assess-
ment District in the manner and form as established by law.
PASSED, APPROVED and ADOPTED at a reqular meetinq of the
City Council held on the day of , 1984, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
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17 MARY H. CASLER, Mayor
18 ATTEST:
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20 ALETHA L. RAUTENKRANZ, City Clerk
21 (SEAL)
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DESCRIPTION OF THE PROPOSED WORKS OF IMPROVEMENT
AND ACQUISITION
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
EXHIBIT "D"
DESCRIPTION OF WORKS OF IMPROVEMENT AND ACQUISITION
The construction proposed in Assessment District No. 83-2 to gen-
erally benefit the area consists of the improvement of James Drive
between Oak Avenue and Basswood Avenue. The work includes the
necessary removal of vegetation to prepare the construction area;
excavation of earth and trenching to install necessary storm
drains, water lines, water services, sewer, sewer laterals, and
other utility services; preparation and compaction of subgrade;
placement and compaction of aggregate base; placement and
compaction of asphalt concrete; installation of concrete curb and
gutter; work and acquisition of necessary rights-of-way and
easements to accomplish the improvement, to serve the parcels
shown in the Assessment Diagram for Assessment District No. 83-2.
All parcels fronting on the proposed street will be provided with
sewer lateral and water service to the owner's property line.
This will permit the owner to connect to an on-site system after
the owner has satisfied the necessary City requirements.
METHOD AND FORMULA
OF ASSESSMENT SPREAD
PROPOSED ASSESSMENTS
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
EXHIBIT "E"
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
EXHIBIT "E"
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as
levied pursuant to the provisions of the "Municipal Improvement
Act of 1913," must be based on the benefit that the properties
receive from the works of improvement. The statute does not
specify the method or formula that should be used in any special
assessment district proceedings. The responsibility rests with
the Assessment Engineer, who is retained for the purpose of making
an analysis of the facts and determining the correct apportionment
of the assessment obligation. For these proceedings, the City has
retained the services of BERRYMAN & STEPHENSON, INC., a firm of
consulting engineers with a proven background of experience in the
successful completion of assessment district projects as shown by
the attached statement of qualifications and experience.
The Assessment Engineer then makes his recommendation at the
public hearing on the Assessment District, and the final authority
and action rests with the City after hearing all testimony and
evidence presented at that public hearing. Upon the conclusion of
the public hearing, the City must make the final action in
determining whether or not the assessment spread has been made in
direct proportion to the benefits received.
First of all, it is necessary to identify the benefit that the
public improvement will render to the properties within the
boundaries of the Assessment District. By construction of the new
public street, all parcels within the Assessment District will
enjoy the direct benefit of receiving access from adjacent City
streets to their property. By construction of a storm drainage
system, including all appurtenances and connecting those
facilities to City of Carlsbad storm drain system, all parcels and
street within the Assessment District will enjoy the direct
benefit of receiving protection from flooding caused by runoff
originating from lands within the Assessment District for the
"design storm" recommended by the City. Existing storm water
runoff front the east of the Assessment District would be
accommodated by a future storm drain facility in Valley Street. By
construction of a sewer system including collector pipeline and
appurtenances, all parcels within the Assessment District will
enjoy the direct benefit of receiving a connection to the local
and regional sewerage facilities serving the rest of the City
through underground pipelines and the elimination of potential
health problems from the storage and dumping of sewage on site.
By construction of water system facilities, including distribution
mains, fire hydrants, and appurtenant structures, and connecting
these facilities to City of Carlsbad source, storage, and
•transmission facilities, all parcels witnin the Assessment
District will enjoy the direct benefit of receiving domestic water
service and water for fire suppression. By construction of the
above improvements, all parcels within the Assessment District
will enjoy the direct benefit of having the necessary street and
utility improvements to subdivide and/or build additional
residential units upon the parcels. The cost of providing the
above improvements and appurtenances will be equitably divided
among the participating properties according to the benefit
received.
In further making the analysis, it is necessary that the property
owners receive a special and direct benefit distinguished from
that of the general public. In this case, an in-depth analysis
was made, and several factors are being used in the final method
and spread and assessment. The spread was determined by the
following method:
1. The costs of the grading and construction of the
pavement area of James Drive were spread to the
parcels having access to the new street on a ratio of
the developable area within the District.
2. The costs of the construction of frontage
improvements for James Drive consisting of curb,
gutter, and sidewalks were spread on a ratio of the
lot frontages.
3. The costs of construction of the drainage facilities
were spread on a ratio of the drainage areas.
4. The costs of the construction of the utilities with
the exception of the sewer laterals and water
services were spread on a ratio of all developable
areas within the district.
5. The costs of the sewer laterals and water services
were direct cost to the parcels receiving the
benefits.
6. The incidental costs were spread on a ratio of all
the construction costs.
In conclusion, it is my opinion that the assessments for the
above-referenced Assessment District have been spread in direct
accordance with the benefits that each parcel received from the
works of improvement.
DATED: ,1984.
BERRYMAN & STEPHENSON, INC.
By:
ENGINEER OF WORK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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