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HomeMy WebLinkAbout1986-03-25; City Council; 8236-1; PARK DRIVE ASSESSMENT DISTRICT 86-4 PROJECT 3192-. .. 2 =. 0 E a 4 .. 2 9 L 4 =1 g 3 o o + /, CISOF 1 CARLSBAD - AGENU@BILL =* - c AB# f23 43 -*/ TITLE: DEP MTG. 03/25/86 PARK DRIVE ASSESSMENT DISTRICT CITY 86-4 PROJECT 3192 DEPTFNG CIT7 RECOMMENDED ACTION: By motion adopt Resolution No. KYtpr Adopting Boundary Ma] 86-4. By motion adopt Resolution No. rq4% Making Appointments < approving a Special Council Agreementyith F. Mackenzie Browi for legal services. By motion adopt Resolution No. 8y63 II Ordering Installatio of Improvements. ITEM EXPLANATION: Council directed stafE on July 7, 1985 (Agenda Bill No, 8236 to prepare documents to establish Park Drive Assessment District. The Engineering Department has retained Willdan Associates as Assessment Engineer for this project. Plans a Specifications have been prepared to improve Park Drive froio Cove Drive to approximately 920 Feet East, Six of the seven properties within the proposed District are obligated to participate as they have signed future improvement agreement In order that improvements can be installed in a uniform manner, the remaining parcel will become a part of the District. Project 3216, Park Drive at Marina has also been designed ar will be constructed jointly with the Assessment District. Costs for each of these projects will be accounted €or separately. will only pay for improvements affecting their property. FISCAL IMPACT: Assessment District construction costs at this time are estimated to be $185,475. Council has previously budgeted $15,000 for the Engineering costs only. Total project cost: will be paid for by the property owners from the sale of Bonds. EXHIBITS: 1. Location Map 2. Order of Procedure 3. Resolution No. fqhf I Adopting boundary Map 86-4 4. Resolution NO. 62 making Appointments 5. Resolution No. ;$&3 Ordering Installation of Imp roveme nt s 6, Notice to Construct Improvements 7. Legal Notice 8. Certificate of Compliance 9. Boundary Map 86-4 10. Special Council Agreement with F. Mackenzie Brown Property owners within the Assessment District t J .* t LOCATION MAP I LEGEND ASSESSMENT DISTRICT 86-4 ~~l~ll~llllllllull~lllllllllll BOU N DA R y , p RO J E C T 3 1 9 2 Y' PARK DRIVE AT MARINA DRIVE IMPROVEMENTS, PROJECT 3216 vcm MA N. 1. E. L r PROJ- NO- C 3192 8 PRoJECT NRME PARK DR. ASSESSMENT DISTRICT PARK DR. AT MARINA DR. IMPROVEMENTS 3216 . a! e .. ORDER OF PROCEDURE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) DATE OF MEETING: MARCH ia, 1986 STAFF: A. General presentation of extent of woi improvement as proposed to be constructed. B . Gener a1 present at i on of proposed bounda showing parcels proposed to be assessed. CITY COUNCIL: Adopt RESOLUTION ADOPTING MAP. CITY COUNCIL: Adopt RESOLUTION MAKING APPOINTMENTS. CITY COUNCIL: Adopt RESOLUTION ORDERING INSTALLATION AND INS’ NOTICE BE GIVEN. *** DATE OF PUBLIC HEARING: APRIL 22, 1986 PROPERTY OWNERS HAVE 60 DAYS TO ACCOMPLISH THE WORKS OF IMPROVEMENT AFTER NOTICE IS GIVEN **** 1 2 3 4 5 6 7 8 9 lo 'I- l2 I-3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Q RESOLUTION NO. 8461 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE AND LOCATION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID IMPROVEMENT WHEREAS, the CITY COUNCIL of the CITY OF C/ CALIFORNIA, has been presented and has received a map shoi general nature, location and extent of the proposed imp1 work, and also designating and describing the boundaries area proposed to be assessed in an assessment district u provisions and authority of Chapter 27 of the "Improvemen 1911", being Division 7 of the Streets and Highways Cod State of California; said assessment district designated ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) (hereinafter referred to as the "Assessment District"). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all 1 correct. SECTION 2. That a map of the Assessment District the general nature, location and extent of the proposc improvement work, and also showing the boundaries of the Assessment District and lands and property to be assessf the costs and expenses of the ProDosed improvements desi "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE)" is hereby submitted, and the same is hereby approved and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 26 27 28 w 0 SECTION 3. That the original map of said proposed ries of the proposed Assessment District and one copy th to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the and on at least one copy of the map of the Assessment D evidencing the date and adoption of this Resolution, an fifteen (15) days after the adoption of the Resolution fi time and place of hearing on the formation or extent Assessment District, a copy of said map shall be filed correct and proper endorsements thereon with the County R all in the manner and form provided for in Section 311: Streets and Highways Code of the State of California. PASSED, APPROVED and ADOPTED at a regular meeting City Council held on the -25th day of March Y the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin,Chick an NOES: None ABSENT: None L- L J,b/ MARY H. VSLtR ¶ Mayor ATTEST: (SEAL) 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 6 a RESOLUTION NO. 8462 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CAI is considering the formation of a special assessment d under the provisions and authority of Chapter 27 of the I’ ment Act of 1911”, being Division 7 of the Streets and Code of the State of California, for the construction of authorized works of improvement, said assessment distric known and designated as ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) (hereinafter referred to as the nAssessment District”); an WHEREAS, at this time the City Council is desirous o the required appointments and designating persons to certain duties, in order to allow the proceedings to go fc completion in accordance with the provisions of law. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and SECTION 2. That the CITY ENGINEER is hereby appointed to perform all of the duties and function! Superintendent of Streets for the above referenced A District. SECTION 3. That the place for recordation of the a roll and diagram shall be in the Office of the Superint Streets, and said assessment roll and diagram, upon rec shall be kept as a permanent record. 1 2 3 4 5 6 7 8 9 lo l1 12 l3 l4 15 16 17 18 19 a Ip' SECTION 4. That WILLDAN ASSOCIATES is hereby appoi the ENGINEER OF WORK for purposes of preparation of plans, fications, assessment roll and diagram, and all othei related to these proceedings for this Assessment District. SECTION 5. That F. MACKENZIE BROWN, INC., Attorneys is hereby appointed as Special Counsel for the purpi preparing proceedings and issuing an approving opinion a' to the validity of the proceedings and the enforceabillitj bonds, pursuant to the terms and conditions of a Special Agreement submitted herewith, which Agreement is hereby and approved by execution by the Mayor and City Clerk. PASSED, APPROVED and ADOPTED at a regular meeting of Council held on the 25th day of March , 1986 following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Petti NOES: None ABSENT: None L. ' L @&L MARY CASgtR, Mayor .. , 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 W 0 RESOLUTION NO. 8463 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENT WHEREAS, the CITY COUNCIL of the CITY OF C CALIFORNIA, is desirous to institute proceedings pursuan. provisions of Chapter 27 of the "Improvement Act of 1911 Division 7 of the Streets and Highways Code of the : California, for the construction of certain authorized ments in a special assessment district known and designat ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) (hereinafter referred to as the "Assessment District); ar WHEREAS, Sections 5875 and 5876 of said Streets and Code authorize the legislative body, upon its own mo order the installation of authorized improvements in properties with the costs thereon to be assessed as s under the provisions of said Chapter 27. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all correct. DESCRIPTION OF IMPROVEMENT SECTION 2. That the public interest and co requires, and this leqislative body hereby orders the tion and installation of certain public improvements, as .: 1 2 3 4 5 6 7 a 9 lo I-' 12 13 14 l5 16 I? 18 19 20 21 22 23 24 25 26 27 28 e e Construction of approximately 934 lineal feet 0' gutter and sidewalk (5 foot wide), installation of I driveways, instal lation of approximately 6 street construction of an asphalt concrete roadway approximat feet in length of varying width necessary to widen the from the existing edge of pavement to the new curb and located 24 feet east of the existing centerline for Pari and related appurtenances, including but not limited to, striping and adjustment of existing utilities to new gr the installation of a masonry retaining wall approximate1 square feet in size. PLANS . SECTION 3. All of the above mentioned works of imp shall be generally constructed at the grades, along thl between the points, and at the places and in the manner on the plans for said work designated by the number and the Assessment District, which said plans are hereby appr adopted. For all particulars as to the alignment of the a full and detailed description, reference is hereby made plans and specifications on file in the Office of the En< AREA OF BENEFIT SECTION 4. That the works of improvement, in the of this legislative body, will benefit the abutting and properties within said block, and this legislative bod makes the expenses of said improvement chargeable property or properties within the boundaries of the A District, which District is declared to be the area and .I 1 2 3 4 5 6 7 8 9 lo l1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 properties benefiting by the work and improvements. general description of the Assessment District and benefit, reference is made to a map of said District approved and, said map identified by the name of number Assessment District, and said map shall be kept on file G transcript of these proceedings and open to public inspec RESPONSIBILITY OF PROPERTY OWNER SECTION 5. Pursuant to the provisions of Section Chapter 27 of the "Improvement Act of 1911", it is declared to be the responsibility of the owner of the portions of lots fronting on the public street where thi lative body, pursuant to said Section, by its own motion the installation of the improvements, and the propert. shall have the duty and responsibility of constructing or the construction of said improvements in front of their ties within sixty (60) days upon notice so to do by the tendent of Streets. If the work is not performed by the owners within said period, the Superintendent of Stree proceed to cause said work to be completed. IMPROVEMENT ACT SECTION 6. That all of the work and improvement proposed shall be done and carried through and financed to the provisions of Chapter 27 of the "Improvement Act ( being Division 7 of the Streets and Highways Code of the California. For all particulars, reference is made "Act", and the provisions contained therein. .I 1 2 3 4 5 6 7 8 9 10 I' l2 l3 I* I5 l6 l7 'a l9 2o 21 22 23 24 25 26 27 28 0 0 PUBLIC HEARING SECTION 7. NOTICE [s HEREBY GIVEN THAT ON TUESDAY, DAY OF APRIL, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJEC THE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE EST HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHO'UL DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. BONDS SECTION 8. If the work is done by the City, zinc assessment cost is not paid upon confirmation of the as: serial bonds shall be issued in accordance with Division Streets and Highways Cocle ("Improvement Act of 1911") t sent each assessment of One Hundred Fifty Dollars ($15 more remaining unpaid for thirty (30) days after the recordation of the diagram and assessment for this innpr The serial bonds shall extend over a period not to exc (9) YEARS from the second day of January next succeeding September 1st following their date. The interest rate bonds shall not exceed the current legal maximum rate of annum. The redemption provision of said bonds shall provide a premium of 5% of the unmatured principal if si are redeemed prior to maturity. NOTICE SECTION 9. The Suplerintendent of Streets is herelby to notify the owner or person in possession of the p fronting on that portion of the street in the block \r -b 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 work is to be constructed and directing them to const cause to be constructed the improvements within sixty (t after notice is given, and to diligently and without inte prosecute to completion said work. A. Notiice shall be given by delivt written notice personally to the owner or to the pe possession of the proplerty fronting the improvements, mailing a postal card, postage prepaid, to the person at known address as the same appears on the last equalized ment roll used by the City for tax collection, or to the address of the person owning such property as shoiwn records of the City Clerk. B. The Superintendent of Streets !;hi immediately cause a copy of said notice, printed on (3 less than eight (8) inches by ten (10) inches in sIz6 posted in a conspicuous place on the property. C. The City Clerk shall cause a cop3 proposed boundary map to be filed in the Office of th Recorder within fifteen (15) days after the adoptioln Resolution setting a time and place for public hearing,, COST ESTIMATE SECTION 10. The estimated cost of the works of ‘imt and incidental expenses as proposed under these proceedii foll ows: ESTIMATED CONSTRUCTION COSTS: $130,300 .OO ESTIMATED INCIDENTAL EXPENSES: $ 55,175.00 $185,475.00 TOTAL ESTIMATED COST: -.L 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 W e P RCI CE E D I NGS I NQU I R I E S - SECTION 11. For any and all information relatinq proceedings, including information re1 ating to thle procedure, your attention is directed to the person de bel ow: JEFF BUNNELL, PROJECT MANAGER ENGINEERING DEPARTMENT CITY OF: CARLSBAD 1200 ELM AVENUE CARLSRAD, CA 92008 TELEPHONE: (619) 438-5692 PASSED, APPROVED and ADOPTED at a regular meeting City Council held on the 25th day of March 9 the following vote, to w'it: AYES: Council Members Casler, Lewis, Kulchin, NOES: None ABSENT : None l?ei LLF d,P& - MARY H. C SLER, Mayor ATTEST: 64 ALe RAuTEWm .I (SEAL) 9 a --. -c .\ .” 0 NOTICE TO CONSTRUCT IMPROVEMENTS NOTICE IS HEREBY GIVEN by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA the owner or person in possession of property fronting on a public street construct or cause to be constructed certain pub1 ic improvements frontin property as authorized in a special assessment district pursuant to the provis Chapter 27 of the “Improvement Act of 1911”, commencing with Section 5870, et q the Streets and Highways Code of the State of California, said special ~SSI district known and designated as ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) NOTICE IS HEREBY FURTHER GIVEN that if said construction is not commenced sixty (60) days after this Notice is given, and diligently and without inter prosecuted to comDletion, the Superintendent of Streets shall cause the const to be done and the costs of said work shall be a lien on the property. amount is not paid upon confirmation, bonds shall be issued in accordance w “Improvement Act of 1911” to represent each assessment of $150.00 or more re unpaid. Said bonds shall be payable over a period not to exceed ten (10) ye an interest rate not to exceed the current legal maximum rate of- 12% per annurr YOTICE IS HEREBY FURTHER GIVEN THAT ON TUESDAY, THE 22ND DAY OF APRIL, 1986, HOUR OF 6:OO O‘CLOCK P.M., IN THE REG’ULAR MEETING PLACE OF THE CITY COUNCIL THE COUNCIL CHAMBERS, CITY HALL, SAID CITY COUNCIL WILL HEAR AND PASS UI OBJECTIONS OR PROTESTS WHICH MAY BE RAISED BY A PROPERTY OWNER OR OTHER IN1 PERSON LIABLE TO BE ASSESSED FOR THE COST AND INCIDENTAL EXPENSES OF CONSTIIW THE IMPROVEMENTS. NOTICE IS HEREBY FURTHER GIVEN that the estimated cost of the works of impr as proposed herein and ordered to be dlone by the property owners is in the ar $185,475.00. This figure represents the costs of construction and in( expenses if the work is done by the City. A permit is required for doing the works of improvement, and reference is madl plans and specifications as on file with the transcript of these proceedings particulars as to the construction details. All work and materials used construction of imnprovements shall conform to the latest standard specificat plans of the City. A general description of the works of improvement is the construction of street improvements, including curbs, gutters, sidewalks and matching together with appurtenances and appurtenant work in a portion of PARK DRIVE. v 0 .* '.- .. .- *- J For any and all information relating to these proceedings, including infor relating to the protest procedure, your attention is directed to the designated bel ow: RICHARD ALLEN ENGINEERING DEPARTMENT CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5540 DATED: , 1986. - CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA ENCLOSED HEREIN FIND AN ABBREVIATED DESCRIPTION OF THE WORKS OF IMPROVEMENT ACCOMPLISHED BY YOU WITHIN SIXTY (60) DAYS FROM THE TIME NOTICE IS GIVEN. ENCLOSED FIND YOUR ESTIMATED ASSESSMENT. THE COST FIGURES AS INCLUDED HEREIN CONSTRUCTION AND INCIDENTAL EXPENSES ARE FIGURES DETERMINED BY THE CITY IF Tt OF IMPROVEMENT ARE TO BE PERFORMED BY THE CITY. e e .' 4- [TO BE PLACED ON CITY STATIONERY] (Date) (Name and address of Property Owner) & RE: ASSESSMENT DISTRICT NO. 85-4 (PARK DRIVE) Dear Property Owner: Enclosed herein please find your legal Notice as it relates to the proceedin the formation of a special assessment district which will allow for the complel certain public improvements, specifically those fronting your property. Upon I of the legal Notice, you have sixty (150) days to commence the construction frontage public improvements. If the construction is not commenced within skixi days, the work shall then be performed by the City. Please note that the Notice sets forth the estimate of the costs of the impro and incidental expenses of the improvements if the work is performed by the Ci Also note that the City Council has set a time and place for the public hearin the 22nd day of April, 1986, at 6:OO P.M., in the Council Chambers, Citj Carl sbad, CA. If you have any questions at all regarding the proceedings, please feel 1 contact the following: RICHARD ALLEN ENGINEERING DEPARTMENT CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, C4 92008 TELEPHONE: (619) 438-5540 Very truly yours, e e I" .' -9 i CERTIFICATE OF COMPLIANCE STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, hereby CERTIFIES that the undi is the duly appointed, qualified and acting CITY CLERK of the CITY OF CI CALIFORNIA. Acting in my official capacity, I gave notice to construct improvements in a assessment district known and designated as ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) (hereinafter referred to as the "Assessment District") in the following manine PERSONAL SERVICE OR MAILING -- Personal service was made on the property owners on the 1986. day of OR, IN 'THE ALTERNATIVE, A copy of said Notice was mailed, postage prepaid, on the 1986, to the person in possession of said property or tothe owner thera last known address as the same appears on the last equalized assessment County, or as their names and addresses are known to me. A copy of said N attached hereto. day of POSTING A copy of said Notice, printed on a card not less than eight (8) inches by of , 1986. inches in size, was posted in a conspiicuous place on the property on the .- BOUNDARY MAP A A copy of the proposed boundary map of the Assessment District was fi'lec within fifteen (15) days after the adzption of the Resolution Setting Public Filing data is as follows: Office of the County Recorder on the day of , '19E EXECUTED this day of , 1986, at Carlsbad, Califomi 7 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA EXHIBIT 8 r. J r. 9 0 0 SPECIAL COUNSEL AGREEMENT --! THIS AGREEMENT is made and entered into this JS+-'h day of by and between the CITY OF CARLSBAD, CALIFORNIA, a public corpora ion referred to as "City"), and F. MACKENZIE BROWN, INC., (hereinafter referred "Counsel"). NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follow SECTION 1. That Counsel shall perform legal services in connection with the pr assessment proceedings and bond issuance in the matter of a pr special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) (hereinafter referred to as the "Assessment District") under procc conducted pursuant to the provisions and authority of Chapter 27 "Improvement Act of 1911", being Division 7 of the Streets and Hi Code of the State of California. Said services shall include: A. Review of the dedication and acquisition of the streets and ea! or other property in which proposed work is to be performed; B. Examination of the plans and specifications for the proposed the boundary map and assessment diagram of the Assessment Di: the assessment roll and bonds, and the giving of instructio advice in connection with the foregoing; C. Recomendations as to procedure, schedules and actions that shl conducted and taken; D. Preparation of all resolutions, notices, contracts, bond forr other papers and documents required in the proceedings; E. Examination of the proceedings, step by step, as taken; F. Appear at all hearings under the proceedings, and attend any G. Make recomnendations as to sale of bonds, if desired; H. Issuance of an approving legal opinion attesting to the vali where attendance is requested; the proceedings and the issuance of the bonds. Such legal services shall not include any services in connection w acquisition, by easement or condemnation, of any easements or interest in real property necessary for the proposed improvements, services can be provided by Counsel, by separate agreement, if de: SECTION 2. That the City shall perform as follows: A. Furnish to Counsel such maps, records, title searches, an documents and proceedings, or certified copies thereof, as arc able and may be reasonably required by Counsel in the perforn the services hereunder; EXHIBIT 10 * d a e - /- 4- B. Pay to Counsel a fee computed on the confirmed assessment as fo TWO PERCENT (2%) of the first $300,000; ONE PERCENT (1%) from $300,001 to $1,000,000; ONE-HALF PERCENT (.50%) on the balance thereof, with a minimum $2 , 000.00. C. Payment of the above-referenced fee shall be as follows: All due and payable upon receipt of money from the sale and de of bonds to the successful underwriter. SECTION 3. In the event the proceedings are terminated or abandoned prior to f tion, Counsel shall be paid a reasonable fee for services rend€ date based on an hourly rate of $100.00 per hour, not to $1,000.00. SECTION 4. That this Agreement may be terminated by either party hereto by I written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exec1 the day and year first hereinabove written. " C ITY " CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : STATE OF CALIFORNIA