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HomeMy WebLinkAbout1984-12-11; City Council; 7306-5; James Drive Assessment District Debt limitCIT )F CARLSBAD — AGEND/ JILL AB#7Jto£-d" MTG. 12/11/84 DEPT. ENG TITLE: TAMC"C HO T \/C~ ACCtTCCMTMT nTCTDTPTJAMLb UK1 VL AbbLbbMLIN 1 Ulb 1 K1L 1 DEBT LIMIT PUBLIC HEARING 37HFPT HD. ^ CITY ATTY rilTY MGR. ^2- 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 1 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 10 ii .... property to be assessed for said improvements within said Assess- 13 16 18 20 21 22 23 24 25 26 27 28 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) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 28 _ 8 12 13 14 15 16 17 18 21 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. . 51| I 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 23 24 25 26 27 28 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" •< o cn Q- W COSE a. wCD cn co ID CM 8888888888888888888 8*i «» 8888888888888888888 8 8*Q"CMO ON O 00**CN vO r-l CM vO O vO O cn'cM* i— I IT) \O 0*1 Oo vo •* in i-ir» ON r^ o vo O <-in CO oon O -fl J i-3 en•< ON> f* inooooomoomooominooo §80- ON O O r^ sfvo ON CM ON men \o CN CM st in ON ON st ONo CM CM m CMCD m m CM r>. om 3o mcn cM Q b- HMO OC/3 Q •<CO W 2 W 3 •< ^Hco hJ 1-3 enC/3 •< ON •< > i-H in 88888 m o o mo o r-o o m m o o oo m r- ix o m o o CM CM 1-1in -* en CMo o -* o m in vo oo vo CM CM VO CO oo r-CM r-l VO O i-H rH t-H CM fc H enX -o 3 DS cn CO cn <3 ocn CO 8888888888888888888 8 CO ON ON 00 OOi—i in m o mi vo o o m -* ON CMONvO ^^ l^^ \O ^^ 00 ^^ ^^ ^^ ^QOOOOOOi—i i—i CMI I I I I I I I ICMCSCMeNCMCNCMCNO r—Ir—li—Ir-Hr—Ii-Hi—li—IVO CMCMCJCMCNCMCMCNO I I I I I I I I I\O vO vO vO vO vO vO vO ininminminmininoCNCNCNCNCNf-Hl-Hi-li-lf-lr-li-H 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 11 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- 19 20 21 22 23 24 25 26 27 28 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 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 10 11 12 13 14 15 16 17 MARY H. CASLER, Mayor 18 ATTEST: 19 20 ALETHA L. RAUTENKRANZ, City Clerk 21 (SEAL) 22 23 24 25 26 27 28 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 "- " m IT v co Iff* Q =ICJ'C!5^«t il <o(T)^±s OJ S^3 I ui S dl S £ tu I, UJ « cf ppf ila'^S i 3 o o ||^£j:IP £ Q S> ^ 3- !t Q t W_ O O O I g g a gs| u, S K K p 8 5gS Si I UJ ID 3c 5 8