HomeMy WebLinkAbout1985-04-02; City Council; 7306-7; James Drive assessment district)F CARLSBAD — AGEND/ 1ILL -1,6
ABayjo^-^V
MTG.
DEPT.
4/2/85
ENG
TITLE:
JAMES DRIVE
ASSESSMENT DISTRICT
DEPT HD. ^^~
r|TYATTY l//»^
CITY MQR- $**-
O
i
RECOMMENDED ACTION:
If a majority of property owners are in favor of the assessment district:
1. Council adopt Resolution No.
tions in the assessment district.
2. Council adopt Resolution No. *7 ?&
protests.
ordering changes and modifica-
over-ruling and denying
3. Council adopt Resolution No. *~79r& *k. finding and determining public
interest, convenience and necessity (4/5ths vote required).
ITEM EXPLANATION;
On December 11, 1984, a public hearing on the James Drive Assessment
District was opened and continued ultimately to this date. The property
owners have been notified of this.
On March 12, 1985, the City Council adopted Resolution No. 7927 declaring
its intention to consider alternative improvements for the James Drive
Assessment District.
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 Resolu-
tion of Abandonment.
Because no assessment district has been processed in Carlsbad for some
years, an Order of Procedure has been included as Exhibit 3 to assist in
the procedure.
FISCAL IMPACT
Council has previously appropriated $78,000 for the formation of the
district. Approximately $48,000 of that has already been spent.
For most property owners, there is no significant difference in the
assessments of the two alternatives. For assessment numbers 11 and 12,
Alternative A provides only sewer and water across the property (the storm
drain would be paid for by the City). Alternative B includes street
construction and property acquisition at a very substantial increase to the
owner.
Page 2 of Agenda Bill No.
FISCAL IMPACT (continued)
The storm drain to be built in James Drive is part of the Master Drainage
Plan and is to be paid for by drainage area fees. Staff is proposing that
the City pay a cash contribution for the construction of this drain
(estimated cost of $39,820) and be reimbursed as developers pay their
required drainage area fee. As of July 1, 1984, $20,411 in fees were
available in Drainage Area No. 4. The balance would have to be loaned to
this area from another source.
Several properties have a side yard abutting James Drive, but since they do
not get access and therefore receive no benefit, they are not being
assessed. Staff recommends that the City bear the costs of the sidewalk,
curb and gutter, and 8-feet of paving along these frontages as a more
equitable solution than spreading this cost to the other owners. Under
Alternative A, two properties are involved at a cost to the City of
$14,720. Under Alternative B, three properties are involved at a City cost
of $20,621.
If the district is successful, City expenditures of $78,000 to form the
district will be reimbursed by the sale of bonds and the City will make a
cash contribution of either $54,540 or $60,441.
If the district fails at the Debt Limit Hearing, City expenditures to date
of about $48,000 will not be reimbursed.
EXHIBITS
1 . Location Map Showing Cul-de-sac.
2. Location Map Showing Considered Alternate Thru Street.
3. Order of Procedure.
4. Resolution No. /*?^> Q ordering changes and modifications in the
assessment district.
5. Resolution No. /7 9 6 / over-ruling and denying protests.
6. Resolution No. r7c^(o ZL finding and determining public interest,
convenience and necessity.
7. Revised cost spread sheet based on thru street alternate.
LOCATION MAP
II J L
OAK AV£.
LEGEND
A ASSESSMENT UUMBER
V///A PROPERTY WITH JAMES
V '™ FRONTAGE &UT NO ASSESSMENT
CITY MAP BOOK PAGE
PROJECT NAME
JAMES DRIVE ASSESSMENT DISTRICT
ALTERNATIVE A
PROJ.
NO.
3/35
EXHIBIT
/
LOCATION MAP
LEGEND
ASSESSMENT NUMBER
WITH JAMES DR.
CITY MAP BOOK PAGE FRONTAGE BUT NO ASSESSMENT
PROJECT NAME
JAMES DRIVE ASSESSMENT D/STR/CT
ALTERNATIVE B
PROJ.
NO.3/35
EXHIBIT
2,
_ ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
DATE OF CONTINUED PUBLIC HEARING: APRIL 2, 1985
MAYOR: Announce that this 1s the time and place for the continuation of the
public hearing on the "Report", the proposed construction and all
related matters 1n ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE).
STAFF: Report as to the following:
1. Current status of proceedings;
2. Works of Improvement, Including alternate plan of Improvement;
3. Number of additional written communications received;
4. Report on written percentage (<) of protests received;
5. Announce whether or not any written withdrawals have been-
received.
MAYOR: Open continued Public Hearing for further public discussion.
STAFF: Report on final percentage of protests (X).
CITY COUNCIL: Discussion on proceedings and alternate works of Improvement.
CITY COUNCIL: By motion, declare the continued public hearing CLOSED.
A. IF THE LEGISLATIVE BODY DESIRES TO PROCEED WITH THE ORIGINAL PROJECT:
CITY COUNCIL: Adopt RESOLUTION OVERRULING AND DENYING PROTESTS.
CITY COUNCIL: Adopt RESOLUTION FINDING AND DETERMINING PUBLIC INTEREST, CON-
VENIENCE AND NECESSITY (4/5's vote required).
CITY COUNCIL: Direction to proceed with the processing of the Assessment
District.
B. IF THE LEGISLATIVE BODY DESIRES TO PROCEED WITH THE ALTERNATE PROJECT:
CITY COUNCIL: Adopt RESOLUTION ORDERING CHANGES AND MODIFICATIONS.
CITY COUNCIL: Adopt RESOLUTION OVERRULING AND DENYING PROTESTS.
CITY COUNCIL: Adopt RESOLUTION FINDING AND DETERMINING PUBLIC INTEREST, CON-
VENIENCE AND NECESSITY (4/5's vote required).
CITY COUNCIL: Direction to proceed with the processing of the Assessment
District.
C. 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.
EXHIBIT 3
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 NO.7960
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ORDERING CERTAIN
.CHANGES AND MODIFICATIONS IN PROCEEDINGS
WORKS OF IMPROVEMENT TO BE CONSTRUCTED
A SPECIAL ASSESSMENT DISTRICT.
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, ha\ previously adopted a Resolution Covering
Preliminary Determination relating to certain public works of
improvement in a\ special assessment district, with said
proceedings to be conducted pursuant to the provisions of the
v ^—^^^"Special Assessment ^nvestig^ation, L'ijTiitation and Majority
Protest Act of 1931"\ \>eing Division 4 of the Streets and
highways Code of the Statue o^f California, /or the construction of
certain works xff ^mproveVneXt in a sjrecial assessment district
known and designated las
^-NVS-ESSMENT DISTRICT NO. 83-2
(JAMES DRJVE)
(hereinaVter referred to as the "Assessment District"); and
on March 1
[AS, said City CounciA adopted Resolution No. 7927
1985, declaring its intention to consider alternate
improvements for this Assessment District; and
WHEREAS, at this time said cVty Council has held and
conducted a public hearing on the proposed works of improvement,
the alternate works of improvement and "Report", and is desirous
to order certain changes and modifications to\the proceedings and
works of improvement to be constructed unde\ said proceedings;
and
WHEREAS, it appears to this City Council that said
changes and modifications are in the best public benefit and
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
should be so ordered to be made at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City^ of Carlsbad, California, as follows:
ACTION 1. That the above recitations are true and
correct.
SECTIlW 2. That the public interest, convenience and
necessity require, and this City Council hereby orders certain
changes and modificNations to be made in the proceedings and works
of improvement, as sadd changes and alternate plaw of improvement
are set forth in said Resolution 7927 adapted March^12, 1985.
SECTION 3. Tha\the "RepNprt", a^ filed pu/rsuant to said
Division 4, shall immedJNately be\modifie\ to reflect the above
mentioned changes.
PASSED, APPROVETXAND ADOPTED \t a fegular meeting of the
Carlsbad City Cdulncil held <bn the\ day of , 1985
by the following \ote, to w|t:
AYES
NOES
ABSE
ATTEST:MARY H. CALLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
7
1 RESOLUTION NO. 7961
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING FINDINGS AND
3 DETERMINATIONS, AND OVERRULING AND DENYING
PROTESTS IN A SPECIAL ASSESSMENT DISTRICT.
4
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
g CALIFORNIA, has heretofore commenced proceedings pursuant to the
7 provisions of the "Special Assessment Investigation, Limitation
3 and Majority Protest Act of 1931", being Division 4 of the
9 Streets and Highways Code of the State of California, for the
10 construction of certain public works of improvement, together
11 with appurtenances and appurtenant work, in a special assessment
12 district known and designated as
13 ASESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
14
(hereinafter referred to as the "Assessment District"); and
15
WHEREAS, a time and place for public hearing, pursuant
16
to said "Special Assessment Investigation, Limitation and
17
Majority Protest Act of 1931" has been set; and
18
WHEREAS, notice of the public hearing was given in the
19 I
manner and form as required by law, and, at the time for said
20
public hearing, all protests, written or oral, to the
21
proceedings, and all matters related to the report for the
22
Assessment District, were considered, and all persons had an
23
opportunity to appear and present testimony relating to said
24
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
benefit, and whether the assessments were apportioned in
1 accordance to benefit were considered.
2 NOW, THEREFORE, BE IT RESOLVED by the City Council of
3 the City of Carlsbad, California, as follows:
4 SECTION 1. That the above recitations are true and
5 correct.
6 SECTION 2. That all protests and objections of every
7 kind and nature be, and the same hereby are, overruled and
8 denied, and it is further determined that said protests and
9 objections are made by the owners of less than one-half (1/2) of
10 the area of property to be assessed for said improvements within
11 said Assessment District.
12 SECTION 3. That it is hereby further determined that
13 all properties within the boundaries of the Assessment District
14 receive a local and direct benefit from the works of improvement
15 as proposed for said Assessment District, and it is hereby
16 further determined and declared that all assessable costs and
17 expenses have been apportioned and spread over the properties
18 within the boundaries of the Assessment District in direct
19 proportion to the benefits received thereby.
20 SECTION 4. That the Engineer's method of spread and
21 apportionment of all costs is hereby adopted and appoved as being
22 a correct and proper apportionment and distribution of all
23 assessable costs for these works of improvement.
24 ///
25 ///
26 ///
27 ///
28 ///
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of April , 1985
3 by the following vote, to wit:
4 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
5 NOES: None
6 ABSENT: None
7 - MARY H* ^ASLER» MayorATTEST-
8
9 ALETHA L. RAUTENKRANZ, City Clerk
10 I (SEAL)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7962
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS
AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT
FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931"; THAT THE
PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO
CARRY THE BURDEN OF THE PROPOSED ASSESSMENT.
6
7
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
8
DOES HEREBY RESOLVE AS FOLLOWS:
9
SECTION 1. That all protests and objections be over-
10
ruled and denied on the express finding that they are made by the
11
owners of less than one-half (1/2) of the area to be assessed.
12'
13
14
15
16
SECTION 2. That the public interest, convenience and
necessity require certain public works of improvement and
appurtenances and appurtenant work in a special assessment
district known and designated as
ASESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District") substan-
tially as set forth in the "Report" thereof filed under the
provisions of the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931", being Division 4 of the
Streets and Highways Code of the State of California.
SECTION 3. That the project is feasible and that the
lands to be assessed will be able to carry the burden of the
proposed assessment, and that the limitations of the amounts of
assessments provided for in Division 4 of the Streets and
Highways Code of the State of California be disregarded both with
respect to the limitation on the Assessment District, as a whole,
8
10
11
12
and as to the limitation on individual specific assessments.
SECTION A. 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
determinations as to feasibility and necessity to disregard the
limitations and proceedings set up in Division 4 as therein
provided be made and determined.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of April , 1985
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
/ 6^-<^^<—<_^ -IcT'
ALETHA L. RAUTENKRANZ, City^Clerk
(SEAL)
14 ATTEST: MARY H«
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II •1
a
i
i
i
i
i
i
i
i
i
I
I
I
I
I
I
a! 9B 5
-cnt— r— ocu — cu-«r—<ojinto—»
InH --" in" cu" o" in" cu~oj-N — M — -<
co co co to rocnin— *inr*-
rn" fJ en" tu" of
U3
O
a i--
il
•a- in en en —t a> o o•«• r~ o *
tnLU g S *
cucnoioor-cf-oorocccS_ S3 K 3_ 8 P: S S_ f= S 8 fc S S i S 8 3
ro" eo" ai" CD" of ro" -H" p^" ro" «" a3" in" cu" -^ uT uT cu" ^ro— .— «aa— • — — ico— •— iinihajcxi— . — • cu -<r r^in
888S8S88SS8S8888888 8
s a§a
8888888888888888888 8
S FO C^ *^ *-£* C5 trt ^* •*•• i^ '•^ *** ^* o^cu *4* r^ «fl~ «^~ r*~
S LD —i cu r—
o SP -r u? 3 r-
cu" o" -T cu" r^" in"cu —• cu cu — -•
«*« o o 9 O 9 *v* o o £> O o G o o o o o o oi— oinocSoooinooinoooininooo
cc ^j in *^ cu ^^ ^^ ^^ en o ^^ ^^ *^ ^^ in en en *^ ^iocOka-a-ou3U3uoencucninoocucuincu—« •nocaoooorOkOCucu-a-ocovnincut-~
co i-~- -<r 03 o —< —cu —• —>
oj -er -a- r— -a-
ro1 •<•" ^" •*" co"
8888888888888888888
2 ^ b2
S a! occ :> z
3 — co *rf— cu co cu CU to co •«• en•
— — r—S cu"co"^"^cuutiu3
ce « ^* ^^
o en en co to—« in in o UTLO o o ift ir
i
in
r—
S
Pf
S
cri
oinr>-r— coo-^-^*^'^
§ 5
OOOQ CUCUCUCUCUCUCU?^* »-« cu enill _jcu cu cu o cZ
o c-J in in in
o. LU cu cu cu
u3LOu3LOU3LOkO in.oooooinininininminmo
EXHIBIT 7 13
RUTH H ASBURY
3215 VALLEY ST
CARLSBAD CA 92008
0-1
u pT-JG-^
o
-1/2^ ^ /^ "X