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Home My WebLink About1986-03-04; City Council; 8249-3; College Blvd. Assessment Districtc u L4 2 a, e 0 u a a, 9 d ad u u 111 B 1-I a, u u a fi el-' OF CARLSBAD - AGENT BILL iB# ITITLE: dTG. 03/04/86 COLLEGE BOULEVARD ASSESSMENT DISTRICT )EPT.ENG DEPT. HD~ CITY MGR. 'a CITY ATTYm RECOMMENDED ACTION: x Continue hearing on College Boulevard Assessment District to March 25, 1986. ITEM EXPLANATION: This is the time and place (March 4, 1986) for the public hearing on the formation and levying of assessments for the construction of improvements to College Boulevard being Assessment District 85-2. Construction bids were proposed to be opened on February 26. now until March 19 due to technical reasons and a request from bidders for additional time to prepare their bids. An addendum has been forwarded to all plan holders notifying them of the extension of time. This bid opening has been delayed As a result of the time extension, each owner within the proposed assessment district has also been notified as to staff's recommendation to the City Council on March 4th that the hearing be continued for this assessment district to blarch 25. Th-is will then provide sufficient time to receive construction bids, to make any adjustments in the proposed assesment and report to the City Council on March 25th the results of the bidding and any changes in proposed assessments. If any property owner wishes to make a presentation with respect to the formation of the district or with respect to the assessments, that person should have the privilege of doing so on March 4. We recommend that the presentation by the Assessment Engineer and Bond Counsel be deferred and the hearing be continued to March 25, 1986. EXHIBIT: 1. Location Map LOCATION MAP LEGEND ....e... ASSESSMENT DISTRICT BOUNDARY SI ASSESSMENT DISTRICT I 3188 I I t- -- -* I. x F. MACKENZIE BROWN I NCO RPORATED P. 0. BOX 8025 SAN DlEGO (619) 456-1915 ORANGE (7141 551-1915 LO5 ANGELE5 (2131 587-1915 RANCHO SANTA FE. CALIFORNIA 92087 VENTURA (6051 653-1915 (7141 359-5489 FAIRBANKS RANCH PLAZA RIVERSIDE F. MACKENZIE BROWN RONALD E. NULL, A.P.C. WARREN 8. DlVEN February 18, 1986 Aletha L. Rautenkranz, City Clerk City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 Re: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) Dear A1 etha : Enclosed herein please find the following items in connection with the Public Hearing scheduled for March 4, 1986: ORDER OF PROCEDURE: heari ng. moditications required trbm the first presentation of the Engineer's "Report". This sets forth the Order of Procedure for the scheduled public This Resolution is appropriate for any changes or LI~RESOLUTION ORDE-RING CHANGES: (\ RESOLUTION DENY€NG PROTESTS AND MAKING.FINDIN6S: To be adopted if any protests, This would be the formal action appropriat- gq' oral or written, have beel? received; f ing the contribution. +-a RESOLUTION APPROVING THE CONTRIBUTION: RE-SOLUTION CONFIRMING ASSESSMENTS: Formal action orderinq the work and confirming e' assessments. e\<$ th RESOLUTION AUTHORIZING- ISSUANCE OF -BONDS: This Resolution provides for the issu- ance ot bonds to tinance the improvements. p\4 f RESOLUTION AWARDING THE- CUNSTRUGTIUN -€ONTRACT: This Resolution wi 11 need to be completed by 'the addition of -th e name of the lowest responsible bidder. RESOLUTION MAKING AWARD FOR SALE OF BONDS: This Resolution accepts the proposal for g+ tqP the purchase ot bonds trom Stone & 'Younqberq. f) RESULUT-ION APPROVING CONTRACTS FOR -OWNERSH€P -QF IMPROVEMENTS: This Resolution app- roves and authorizes 'tor execution -the Agreements between the City and various agencies for ownership of water, telephone, electrical and qas improvements. $q' *** A @+ F. MACKENZIE BROWN INCORPORATED Aletha L. Rautenkranz, City Clerk City of Carlsbad February 18, 1986 Page Two The ORDER OF PROCEDURE should be helpful in the preparation of the Minutes for the Public Hearing, and also sets forth the order in which the Public Hearing should be conducted. Through the adoption of the above Resolutions, the following will be accomplished: - Orders appropriate changes or modifications to the proceedings and the - Denies any protests received, either oral or written. Engineer Is "Report". - Approves the contribution. - Confirms the assessments. - Authorifes the issuance of bonds to finance the improvements. - Awards the construction contract to the lowest responsible bidder. - Accepts the proposal for the sale of bonds. - Approves various contracts for water, telephone, electrical and gas improve- ments ownership. The RESOLUTION ORDERING CHANGES AND MODIFICATIONS will be the formal order accom- pl ishing amendments and modifications to the Engineer's "Report", generally by reason of the construction bids received. These changes will all be contained and incorporated in the Engineer's 'IReport" as finally submitted. The RESOLUTION OVERRULING AND DENYING PROTESTS will be considered if the legislative body wishes to proceed and if protests, either oral or written, have been filed or presented against the hearings. Please note that immediately following the public hearing, notice will again be required by mailing, publication and recordation. Under separate cover I will be transmitting all notices, affidavits and certificates necessary to comply with the notice requirements. A @& E MACKENZIE BROWN INCORPORATED Aletha t. Rautenkranz, City Clerk City of Carlsbad February 18, 1986 Page Three Again note that on file with the City Clerk prior to the conclusion of the public hearing must be the following: 1. Contract with Costa Real Municipal Water District; 2. Contract with San Diego Gas & Electric Co.; 3. Contract with Pacific Bell; 4. Final Engineer's "Report"; 5. Assessment Di agram. - As in the past, when available, I would appreciate receiving conformed copies of all of the RESOLUTIONS. Should you have any questions and/or comments concerning the above, please do not hesitate to call. Very truly yours, F. MACKENZIE BROWN FMB: bd encl. cc: Richard Allen, Engineering Department Pat Entezari, Engineering Department Vincent Biondo, Esq., City Attorney Norm Neste; Neste, Brudin FJI Stone (lt/OP only) F. MACKENZIE BROWN INCORPORATED F. MACKENZIE BROWN P. 0. BOX 8025 SAN DlEGO 16191 456-1915 ORANGE 1714) 551-1915 FAIRBANKS RANCH PLAZA RONALD E. NULL, A.P.C. WARREN B. DlVEN LOS ANGELES 1213) 587-1915 RANCHO SANTA FE. CALIFORNIA 92067 VENTURA (8051 653-1915 RIVERSIDE 1714) 359-5489 February 19, 1986 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEARD) Dear A1 etha: It is my understanding that the public hearing on the above proposed Assessment District for street improvements in College Avenue will be continued. Enclosed herein please find NOTICE OF CONTINUED PUBLIC HEARING, which should be completed by the insertion of the date of the continuation and then immediately (within 24 hours) posted on or near the door of the Council chambers. I would appreciate a copy being returned to this office immediately upon the completion of the posting. If you have any questions, please call. Very truly yours, F. MACKENZIE BROWN FMB: bd encl . cc: Vincent Biondo, Esq.? City Attorney Donald G. Donovan, City Engineer Richard A1 len, Engineering Department F. MACKENZIE BROWN I NCOR PO RATED P. 0. BOX 8025 SAN DlEGO 16191 456-1915 ORANGE 1714) 551-1915 LOS ANGELES 1213) 587-1915 FAIRBANKS RANCH PLAZA RANCHO SANTA FE, CALIFORNIA 92067 VENTURA (8051 653-1915 RIVERSIDE 1714) 359-5489 F. MACKENZIE BROWN RONALD E. NULL, A.P.C WARREN 6. DIVEN March 19, 1986 Aletha L. Rautenkranz, City Clerk City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) Dear A1 etha: Enclosed herein please find the following items in connection with the notice requirements to be met immediately following the continued Public Hearing scheduled for March 25, 1986: INSTRUCTION SHEET: This document sets forth all notice requirements that must be met imnediately following the public hearing. NOTICE OF ASSESSMENT (RECORDATION): Lien is not accomplished until this Notice is recorded. STATEMENT OF ASSESSMENT (MAILING): This is the final notice to be mailed to the property owner advising of the confirmed assessment. COVER LETTER FORMAT: To be placed on City stationery and enclosed with the final statement of assessment for mailing. STATEMENT OF ASSESSMENT (PUBLICATION). CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS: with all notice requirements. To be executed upon compliance CERTIFICATE OF PAID AND UNPAID ASSESSMENTS: 30 days after the recordation of the assessment. To be completed immediately following *** Imnediately upon the completion of the Public Hearing, the notice requirements as set torth i’n the enclosed INSTRUCTION SHEET should be met and accomplished, inas- much as the assessment is - not imposed as a lien against the property until said requirements have been met. I would appreciate a return copy of the INSTRUCTION SHEET with initials and dates indicating compliance with the notice requirements. c- . F. MACKENZIE BROWN INCORPORATED Aletha L. Rautenkranz, City Clerk City of Carl sbad March 19, 1986 Page Two As in the past, when available, I would appreciate receiving executed copies of all notices, affidavits and certificates relating to these proceedings. Should you have any questions and/or comments concerning the above, please do not hesitate to call. Very truly yours, F. MACKENZIE BROWN FMB:bd encl s. cc: Richard Allen, Engineering Department Pat Enterzari, Engineering Department Vincent Biondo, Esq., City Attorney Will jam C. Esterline, Treasurer (lt/Instructions/Certificate only) Norm Neste; Neste, Brudin & Stone, Inc. e- - F. MACKENZIE BROWN RONALD E. NULL, A.P.C. WARREN 6. DIVEN March 26, 1986 F. MACKENZIE BROWN I NCO R PO RATE D P. 0. BOX 8025 FAIRBANKS RANCH PLAZA RANCHO SANTA FE, CALIFORNIA 920G7 16191 456-1915 ORANGE 1714) 551-1915 LO5 ANGELES 1213) 587-1915 VENTURA (8051 653-1915 RIVERSIDE 17141 359-5489 SAN DlEGO Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) Dear A1 etha: Enclosed herein please find an additional copy of the INSTRUCTION SHEET indicating the notice requirements in connection with this Assessment District. It is imperative that these notice requirements be immediately met and accomplished inasmuch as the lien, bond date and mailed notices all contemplate the immediate accompl i shment of- requirements. Again be reminded that the lien is not accomplished until the NOTICE OF ASSESSMENT has been recorded in the Office of the County Recorder. Also enclosed is another copy of the CERTIFICATE OF COMPLIANCE for execution upon the accomplishment of all notice requirements. I would appreciate receiving a return copy of this INSTRUCTION SHEET with initials and dates showing compliance as soon as steps have been met and accomplished. Also, as indicated, I would appreciate receiving a photoc0p.y of the corner of the map showing the filing in the Office of the County Recorder. In addition, it will be necessary that I receive an executed copy of the CERTIFICATE OF COMPLIANCE. As to the mailers, I would recommend that you consider mailing a notice to this office at the same time you mail notices to the property owners so we will have actually proof of mailing. If you have any questions at all, please imnediately call so that there is no possibility of delay or requirements for any modification in the bond sale, dating activity, etc. Very truly yours, F. MACKENZIE BROWN FMB : bd encl . cc: Donald G. Donovan, City Engineer Richard Allen, Engineering Department Vincent Biondo, Esq., City Attorney J 1200 ELM AVENUE CARLSBAD, CA 920081989 Oftlce of the C/ty C1erk ' TELEPHONE (619)43&5635 March 6, 1986 F. Mackenzie Brown Attorney at Law P.O. Box 8025 Fairbanks Ranch Plaza Rancho Santa Fe, CA 92067 Re: Continuation of Public Hearings for Assessment Districts Enclosed for your records are copies of the Notices of Continuation of Public Hearing for the following Assessment Districts: Assessment District No. 85-2 (College Boulevard) Assessment District No. 86-1 (Palomar Airport Road) Assessment District No. 86-2 (Appian Road) These notices were posted on the Council Chambers door on Wednesday, March 5, 1986. # Deputy City Clerk Encs . -c- 4 -. c (POSTING) AGENCY: CITY OF CARLSBAD PROJECT: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) NOTICE OF CONTINUATION OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE PUBLIC HEARING SCHEDULED FOR THE 4TH DAY OF MARCH, PLACE AND DATE AS SET FORTH BELOW. ANY INTERESTED PERSON MAY APPEAR AT SAID TIME AND ANY WRITTEN OBJECTION OR PROTEST SHOULD BE DELIVERED TO THE CITY CLERK PRIOR TO THE TIME SET FOR THE CONTINUATION OF THE PUBLIC HEARING. 1986, FOR THE ABOVE-REFERENCED ASSESSMENT DISTRICT HAS BEEN CONTINUED TO THE TIME, TIME: 6:OO P.M. DATE : March 25, 1986 PLACE: COUNCIL CHAMBERS CITY HALL 1200 ELM AVENUE CARLSBAD, CA 92008 DATED: 4” , 1986 STATE OF CALIFORNIA **** CERTIFICATE OF POSTING -, under penalty of perjury, CERTIFIES that she is now, and at all times mentioned herein was, the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished the posting of the above NOTICE OF CONTINUATION OF PUBLIC HEARING the regular meeting place of the legislative body on the -day of 1986. Executed this * day of ,-, 1986, at Carlsbad, California. /#& 4. &MWz- YG, CgY CLERK-/ J ZITY OF CARLBAD STATE OF CALIFORNIA