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HomeMy WebLinkAbout1985-07-16; City Council; 8249; Asessment District No. 85-2 South College BoulevardASESSMENT DISTRICT NO. 85-2 4B#- TITLE: HTG. 7/16/85 SOUTH COLLEGE BOULEVARD 3EPT. ENG PROJECT NO. 3188 I I RECOMMENDED ACTION: v DEPT. HD.~ CITY MGR.~ CITY AINm 1. Adopt Resolution No. 8[09 adopting a boundary map of the Assessment District. 2. Adopt Resolution No. p/ 10 approving a proposed Resolution of Inten- tion and requesting consent. ITEM EXPLANATION: At the request of several major property owners, Council on November 24, 1984 authorized establishment of this assessment district. The district will con- struct College Boulevard full width from El Camino Real to Palomar Airport Road. assessment engineering and project plans are nearly complete and will be before Council in the near future. The However, before that can be done, the permission of the County must be obtained because a portion of the proposed district is unincorporated. The purpose of the requested Council action now is to request that approval. This requires first adopting a resolution which adopts a boundary map for the project then adopting a resolution requesting the consent of the County. The Resolution of Intention is included as an attachment to let the County know what is proposed. It will be returned to Council in about one month for actual adoption. Following the Council's action, the resolutions will be delivered to the County with a proposed resolution to be adopted by the Board of Super- visors. City staff will then monitor the County process to expedite Board approval. This action must be completed before further Council action can take place on this assessment district. and along FISCAL IMPACT: Developers have deposited $70,000.00 to cover staff time, assessment engineer- ing and bond counsel costs. EXHIBI TS : 1. Location Map. 2. Resolution No. r/o? adopting a boundary map of the Assessment 3. Resolution No. ri /o approving a proposed Resolution of Intention District . and requesting consent. 4. Boundary. Map of 'District. -- WALL EXHIBIT ? PROJECT NAME PROJ- NO. ASS€ SSMENT D/SfRlCT 3/88 SOUTH COLL€G€ 0LVD. LOCATION MAP EXHlBll / CITY MAP 1 2 3 4 5 6 'i E c 1( 11 1; 1: 14 1E 1t 1; It 1: 2( 21 2: 2: 2L 2t 21 2: 21 RESOLUTION NO. 8109 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. 85-2 (SOUTH COLLEGE BOULEVARD) (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, showinq and the the boundaries of the proposed Assessment District and lands property to be assessed to pay the costs and expenses of proposed improvements designated as "PROPOSED BOUNDARIES OF (SOUTH COLLEGE BOULEVARD)" is hereby submitted, and the same is hereby appr ved and adopt d. ASSESSMENT DISTRICT NO. 85-2 SECTION 3. That the original map of said proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. 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 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2c 21 22 2: 24 2: 2E 2i 21 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 16th day of Jay , 1985, by the following vote, to wit: AYE S : Council Mxhers Casler, Lewis, Kulchin, chick and Pettine NOES: None ABSENT: None MARY- H. &AS LtR, Mayor ATTEST: (SEAL) -. 10 l3 l4 l5 l7 RESOLUTION NO. 8110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPOSED RESOLUTION OF INTENTION AND REQUESTING CONSENT AND JURISDICTION ASSESSMENT DISTRICT NO. 85-2 (SOUTH COLLEGE BOULEVARD) (hereinafter referred to as the "Assessment District"), and as set forth and described in the proposed Resolution of Intention annexed hereto: and it is the opinion of the City Council that the purpose sought to be accomplished by said work, appurtenances and improvement can best be achieved by a single comprehensive scheme of improvement, with proceedings conducted by this City pursuant to the provisions of the "Municipal Improvement Act of 1913", WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, propose to construct certain pub1 ic works of improve- ment, together with acquisition where necessary, appurtenances and appurtenant work, in a special assessment district known and designated as 5 6 7 8 9 l8 l9 being Division 12 of the Streets and Highways Code of the State of California; and, 20 21 22 23 24 25 WHEREAS, it is required and hereby further requested that the consent of the COUNTY OF SAN DIEGO (hereinafter referred to as "Consenting Agency") be procured to the making of said improve- ments, acquiring necessary property and rights-of-way, inasmuch as certain of the property to be assessed lies within the unincor- porated territory of the County of San Diego. 26 27 28 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are a1 1 true and correct. -.. SECTION 2. That the proposed Resolution of Intention *I( attached hereto be, and the same is hereby adopted and approved as the proposed Resolution of Intention for the work and improvements and appurtenances above referred to in the Assessment District, and that the consent of the Consentinq Agency is hereby requested for the following: 3 4 5 6 711 1. Formation of the Assessment District: 2. Authority to order improvements; 3. Authority and power to acquire rights-of-way, 8 9 where necessary; 10 11 12 4. Power to assess benefited properties; 5. The assumption of jurisdiction by this City for all purposes in connection with the Assessment District: 13 14 15 16 6. Consent to and approval of the enclosed proposed Resolution of Intention: and, 7. Consent to and approval of the map forwarded 17/1 indicating the extent of territory included in the proposed l8l1 Assessment District. 1911 SECTION 3. The City Clerk is hereby directed to forward a certified copy of this Resolution, together with the proposed Resolution of Intention attached hereto, and a copy of the map 20 21 indicating the extent of the territory included in the proposed Assessment District to Consenting Agency. 22 23 SECTION 4. Certain of the properties to be assessed lie outside the jurisdictional boundaries of this City, and are within 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2: 2E 2i 2s :onsent is requested pursuant to the provisions of Section 10103 if the Streets and Highways Code of the State of California. PASSED, APPROVED and ADOPTED at a regular meeting of the City :ouncil held on the 16th day of July , 1985, by the Following vote, to wit: AYES : Council mrs Casler, Lewis, Kulchin, Chick and Pettine NOES: None AB SE N T :Mne MARY H. fASLER, Mayor 4TTEST: K*-. Lyd && 4LETHA L. RAUTE NKRANZ, City Cjerk (SEAL) RESOLUTION NO. ---- RESOLUTION OF THE CITY COUNCIL OF THE CITY TION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, TOGETHER MITH APPURTENANCES WITH, IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE ING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF: AND PROVIDING FOR THE ISSUANCE OF BONDS i OF CARLSBAD, CALIFORNIA, DECLARING INTEN- AND APPURTENANT WORK IN CONNECTION THERE- "MUNICIPAL IMPROVEMENT ACT OF 191 3" ; DECLAR- THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the construction of certain public works of improvement, together with appurtenances and appurtenant work, in a speci a1 assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (SOUTH COLLEGE BOULEVARD) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENT A. The construction of certain street improve- ments, including but not limited to the dedication of rights-of- way, curbs and gutters, sidewalks, landscaping median, and 64 feet of roadway pavement within a 102 foot dedicated right-of-way, and including but not limited to underground electrical and communica- tion facilities, sanitary sewer lines, water lines, drainage 8 1 -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 2: 2: 24 2! 21 2' 21 facilities and gas distribution system, together with appurte- nances and appurtenant work to serve properties within the boun'da- ries of this Assessment District. 6. Said streets and highways are more particularly shown in the records in the Office of the County Recorder, and shall be shown upon the plans herein referred to and to be filed with the transcript of these proceedings. C. All of said work and improvements are to be con- structed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. E. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. F. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. 4 DESCRIPTION OF ASSESSMENT DISTRICT and which map was heretofore approved and which said map or dia- Igram is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon said map SECTION 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District and the City Council hereby makes the expenses of said work and improvements chargeable upon a district, which said Assessment lor plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public District benefited by said work and improvements is to be assessed to pay the costs and expenses thereof, including incidental expenses and costs, and which is described as follows: All that certain terr4tory situated in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improve-, ments in the Assessment District, said map identified as: "PROPOSED BOUNDARIES OF (SOUTH COLLEGE BOULEVARD) ASSESSMENT DISTRICT NO. 85-2" courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary map shall govern. 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 REPORT OF ENGINEER SECTION 3. This proposed improvement is hereby referred ' to NESTE, BRUDIN & STONE, INC., the ENGINEER OF WORK, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements: B. An estimate of the cost of the proposed works and improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District referred to above, which shall also show the boundaries and dimen- sions of the respective subdivisions of land within said Assess- ment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivision shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvements upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, upon said Diagram by the respective numbers thereof; E. The description of works of improvement to be constructed under these proceedings. When any portion or percentage of the costs and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of I II 1 -2 3 4 c: t 1 4 5 1( 11 1: 1: 14 l! l( 1: 11 l! 2( 2' 2 2 2, 2, 21 2 2, said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assess- ment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subdivision D. of this Section. BONDS SECTION 4. Notice is given that bonds representing unpaid assessments, bearing interest at a rate not to exceed the current maximum rate of twelve percent (12%) per annum, will be issued in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, the last installment of which bonds shall mature a maximum of and not to exceed NINETEEN (19) YEARS from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual propor- tion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds shall be serviced by a Paying Agent. 1 c ,.2 3 4 5 c A 11 1: 1: 1: 1; l! 2( 21 2: 2: 24 2 2( 2; "MUNICIPAL IMPROVEMENT ACT OF 191 3" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assess- ment, it shall be used, in such amounts as may be determined, for one or more of the following purposes: A. Transfer to the general fund of the City; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1 ,000) or five percent (5%) of the total amount of expenses from the improvement fund: B. As a credit upon the assessment and any supplemental assessment; or C. For maintenance of the improvements. SPECIAL FUND SECTION 7. The City Council hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the improvements herein authorized, and any such advance of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by 1 aw. PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public interest 13 1 s -2 3 4 5 c A t ! 1( 11 1: 1: Id 11 lr 1' 1; 1 2 2 2 2 2 2 2 2 2 Jill not be served by allowing the property owners to take the :ontract for the construction of the improvements, and that,' as nuthorized by law no notice of award of contract shall be Iublished. GRADES SECTION 9. That notice is hereby given that the grade to Jhich the work shall be done is to be shown on the plans and 2rofiles therefor, which grades may vary from the existing grades. The work herein contemplated shall be done to the grades as indi- :ated on the plans and specifications, and reference is made to said plans and specifications for a description of the grade at vJhich the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these proceedings, including information re1 ating to protest procedure, all notices, resolutions, affidavits and/or certificates, your attention is directed to the person designated below: NORM NESTE NESTE, BRUDIN & STONE, INC. P. 0. BOX 28100 SAN DIEGO, CA 92128 TELEPHONE: (61 9) 485-1 500 PUBLIC PROPERTY ~~ SECTION 11. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. 1 F 4 : ! 1: 1: 1: 11 l! 1' l! 2r 2' 2 2 2 2 2 2 -_ PET1 TI ON SECTION 12. That a petition signed by property owners rep're- senting more than 60% in area of the property subject to assess- ment for said improvements has been signed and filed with the City Clerk, and said written petit on expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". WORK ON PRIVATE PROPERTY SECTION 13. It is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed unit1 the written consent of the property owner is first obtained. UTILITY IMPROVEMENTS SECTION 14. This legislative body further proposes to enter into Agreements with other public agencies and/or utilities, said Agreements setting forth certain terms and conditions re1 ating to the bidding and award of certain utility work, including but not 1 imited to water, power and telephone improvements, and including terms and conditions as to the ownership, management and control of said utility improvements. A copy of said Agreements shall be, upon approval, on file in the Office of the City Clerk. ,. 1 -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 25 28 PASSED, APPROVED and ADOPTED at a regular meeting of the City , 1985, by 'the -- - Council held on the -- day of following vote, to wit: AYES: NOES: ABSENT: EFHISm ONLY MARY H. CASLER, Mayor ATTEST: --- THA L. RAUTE NKRANL City Clerk (SEAL) LETTER OF TRANSMITTAL 10: CITY OF CARLSBAD Engineering Department 1200 Elm Avenue - P.O. BOX 28100 10920 VIA FRONTERA SAN DIEGO. CALIFORNIA 92128 TELEPHONE 619/485-1500 - 619/578-7140 DATE 1/7/86 JOB NO. E6801*00! RE: ASSESSMENT DISTRICT NO. 85-2 (Colleqe Boulevard) 1 Carlsbad, CA 92008 ATTN: Gene Donovan, City Engineer *. .. .. 12/31./85 Certificate of Sv of pewon WE ARE SENDING YOU ATTACHED - 0 UNDER SEPARATE COVER VI* THL FOLLOWINO ITEMS: 0 SHOP DRAWINGS 0 copy op LETTER U Coples I Date or No. 1 DESCRIPTION ~ ~- ~~~~ ~ ~~ ~~ THESE ARE TRANSMITTED AS CHECKED BELOW: 0 FOR APPROVAL FOR YOUR USE 0 As REQUESTED [7 RESUBMIT-COPWS WR APPROVAL SUBMIT-COPIES FOR DISTRIBUTION FOR REVIEW AND COMMENT 0 OFOR BIDS DUF 19- PRINTS RETURNED AFTER LOAN TO US IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE, cc: Pat Entezari Jeff Bunnell Lee Rautenkranz Mac Brown Sinned ROXANNE E. SREPRERU Ti,le Associate Engineer CERTIFICATE OF SUFFICIENCY OF PETITION STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD The undersigned, hereby CERTIFIES as follows: That I am the duly authorized representative of NESTE, BRUDIN & STONE, INC., the duly appointed ENGINEER OF WORK of the CITY OF CARLSBAD, CALIFORNIA. That on the 31st day of December , 1985, I reviewed a Petition and Waiver for the formation of an Assessment District for certain public works of improvement, together with appurtenances, appurtenant work and acquisition, where necessary, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (SOUTH COLLEGE BOULEVARD) (hereinafter referred to as the "Assessment District"), a copy of which is on file in the principal office of the City Clerk. That I caused said Petition and Waiver to be examined and my examination revealed that said Petition and Waiver has been signed by property owners representing more than sixty (60%) percent of the assessable area of lands within the boundaries of the proposed Assessment District, all as prescribed by Section 2804 of the Streets and Highways Code of the State of California ("Special Assessment Investigation, Limita- tion and Majority Protest Act of 1931"). That said Petition and Waiver did represent Seventv-one 52/10C( 71.52%) percent of the assessable area of property within the bo-semDistrict. That said Petition and Waiver neets the requirements of Section 2804 of the Streets and Highways Code of the State of California. Executed this 31st day of December , 1985, at Carlsbad, California. -- STATE OF CALIFORNIA ,- F. MACKENZIE BROWN RONALD E. NULL, A.P.C WARREN 5. DIVEN F. MACKENZIE BROWN I N CO R PORATE D P. 0. BOX 8025 SAN DIEGO 16191 456-1915 1714) 551-1915 ORANGE LO5 ANGELES 1213) 587-1915 18051 653-1915 FAIRBANKS RANCH PLAZA RANCHO SANTA FE. CALIFORNIA 920G7 VENTURA RIVERSIDE 1714) 359-5489 January 13, 1986 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) Dear Aletha: Enclosed herein please find the following: ORDER OF PROCEDURE: Order of procedure to be followed in adoption of Resolutions, etc., for meeting scheduled for January 28, 1986. RESOLUTION MAKING FINDINGS ON PETITION: This constitutes the initial action deter- > RESOLUTION MAKING APPOINTMENTS: This sets forth the appointment of the Superinten- dent of Streets, the newspaper, etc. RESOLUTION OF INTENTION: Jurisdictional Resolution for "1913 Act" proceedings. RESOLUTION PASSING ON tlREPORTtt AND SETTING PUBLIC HEARING: Preliminary approval of Engineer's 'IReport". RESOLUTION AUTHORIZING SALE OF BONDS AND REQUESTING PROPOSAL: Formal action autho- rizing sale of bonds to finance works of improvement and requesting a proposal from Stone & Youngberg. *** SPECIAL COUNSEL AGREEMENT: This Agreement for bond counsel services is approved for execution in the Resolution Making Appointments above. **** The ORDER OF PROCEDURE as enclosed herein sets forth the presentation, and said ORDER OF PROCEDURE will also be helpful in the preparation of the Minutes. L @+ F. MACKENZIE BROWN I NCORPO RATED "- -Aletha Rautenkranz, City Clerk City of Carlsbad January 13, 1986 Page Two Through the adoption of the enclosed Resolutions, the following will generally be accompl i shed : - Makes findings on the Petition submitted. - Making formal appointments as required, i.e., newspaper, etc. - Establish jurisdiction and declare intent to construct improvements financed through the issuance of bonds. Preliminarily approve the "Report" of the Engineer, i.e., plans and specifica- tions, and set the matter for public hearing. - - Authorize the sale of bonds and requests proposal. It is my understanding that at this time all works of improvement and properties to be assessed are within the jursidictional boundaries of the City of Carlsbad, and that no properties to be assessed lie within unincorporated territory. As written communications are filed in connection with the proceedings, I would app- reciate copies being transmitted to this office for review. The date for the receipt of bids on construction will allow ample time for all modi- fications and amendments to be made to the Engineer's "Report" and Assessment Roll prior to the time scheduled for the public hearing. On file now in the Office of the City Clerk should be the following: 1. Executed Petition 2. Executed Certificate of Sufficiency 3. Proposed Boundary Map [Amended]; 4. Engineer's Report, including a. Plans b . Spec1 f i cat i ons c. Cost Estimates d. Assessment Roll e. Assessment Di agram I would appreciate receiving conformed copies of all Resolutions upon their adoption, together with a copy of the minutes of the meeting where the Resolutions have been adopted. ? - L 8+ F. MACKENZIE BROWN h INCORPORATED Aletha Rautenkranz, City Clerk City of Carl sbad January 13, 1986 Page Three Under separate cover I will be transmitting all notices, affidavits and certificates in order to meet the necessary notice requirements following the conclusion of the meeting . Please advise as to the status of processing of the Agreements as necessary for the completion of the improvements with the following respective public agencies and/or uti 1 i ty compani es : A. Water - Costa Real Municipal Water District: This Agreement has been pre- pared by this office and submitted to both the City and the Water District for final comment and approval. B. Telephone - Pacific Bell C. Electrical/Gas - San Diego Gas & Electric Co.: This Agreement, as well as the Agreement with Pacific Bell, will be prepared by the respective companies, and I would appreciate the opportunity to review them prior to transmittal to the City Council. Please note that these Agreements must be approved prior to the time of the ordering of the works of improvement (March 4, 1986). If there are any questions at all regarding the above referenced utility contracts, please call. r review of the enclosed material, if you have any questions, comments or please call. F/ MACKENZIE BROWN FMB : bd encl s. cc: Richard A1 len, Engineering Department Pat Entezari, Engineering Department Vincent Biondo, Esq., City Attorney Neste, Brudin & Stone, Inc. (lt/OP only) ORDER OF PROCEDURE CITY OF CARLSBAD DATE OF MEETING STAFF : CITY COUNCIL : CITY COUNCIL: CITY COUNCIL: STAFF: C ITY COUNCIL : C ITY COUNC I L : JANUARY 28, 1986: FEBRUARY 26, 1986: MARCH 4, 1986: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) JANUARY 28, 1986 Present to the legislative body the following: A. Executed Petition B. Certificate of Sufficiency C. General presentation as to boundaries of Assessment District and extent of works of improvement Adopt RESOLUTION MAKING FINDINGS ON PETITION: the initial action finding the sufficiency of the Petition. This constitutes Adopt RESOLUTION MAKING APPOINTMENTS: Formal appointment of the Superintendent of Streets, the newspaper for legal publication, etc. Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under "1913 Act" proceedings, declaring intent to order improvements and issue bonds. Presentation of Engineer's "Report" pursuant to the provisions of "Municipal Improvement Act of 1913", consisting of the following: 1. Plans; 2. Speci f ic at i ons ; 3. Cost Estimate; 4. Assessment Roll; 5. Assessment Di agram; Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARING: Sets public hearing on "1913 Act" Engineer's "Report". POSAL: This Resolution authorizes the sale of bonds to finance the improvements and requests a proposal from Stone & Youngberg. Adopt RESOLUTION AUTHORIZING SALE OF BONDS AND REQUESTING PRO- *** PROPOSED SCH,EDULE: ADOPT JURISDICTIONAL RESOLUTIONS AND AUTHORIZE SALE OF BONDS DATE FOR RECEIPT OF CONSTRUCTION BIDS PUBLIC HEARING TO CONSIDER CONFIRMATION OF ASSESSMENT DISTRICT, ORDERING IMPROVEMENTS AND ACCEPTING PROPOSAL FOR SALE OF BONDS **** h r.4 F. MACKENZIE BROWN RONALD E. NULL, A.P.C. WARREN B. DIVEN F. MACKENZIE BROWN I N CO R PO RATE D P. 0. BOX 8025 FAIRBANKS RANCH PLAZA RANCHO SANTA FE, CALIFORNIA 920137 5AN DlEGO (619) 456-1915 ORANGE (7141 551-1915 LOS ANGELES (2131 587-1915 VENTURA 1805) 653-1915 RIVERS1 DE 1714) 359-5489 January 13, 1986 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) Dear Aletha: Enclosed herein please find the following documents in connection with the adoption of certain Resolutions by the City Council at the meeting scheduled for January 21, 1986, relating to the referenced Assessment District: ADVERTISEMENT FOR BIDS: For publication and post INSTRUCTION SHEET: Sets forth notice requ accompli shed. CERTIFICATE OF COMPLIANCE: To be : executed *** rements which must be met and upon completion of all notice Immediately upon adoption of these Reso utions, the not ce requirements, as set forth in the Instruction Sheet, should be met and accomplished. The proposed schedule for this project is as follows: JANUARY 21, 1986: Authorization for bidding on works of improvement JANUARY 28, 1986: Presentation of Engineer's "Report", authorization for sale of FEBRUARY 26, 1986: Receipt of construction bids MARCH 4, 1986: bonds and setting public hearing Public Hearing and consideration of confirmation of assess- ments, ordering improvements and awarding contracts L @+ F. MACKENZIE BROWN I INCORPORATED Aletha Rautenkranz, City Clerk City of Carlsbad January 13, 1986 Page Two I would appreciate receiving a return copy of the Instruction Sheet showing initials indicating compliance, an executed copy of the Certificate of Compliance when available, and conformed copies of the Resolutions adopted at the meeting of January 21st. If you have any questions upon your review of the enclosed, please do not hesitate yours, v FMB:bd encl . cc: Richard Allen, Engineering Dept. Pat Entezari , Engineering Dept. Norm Neste; Neste, Brudin & Stone, Inc.