HomeMy WebLinkAbout1986-04-22; City Council; 7612-2; Public Hearing-Cynthia Lane AD 86-03CIT- OF CARLSBAD - AGEND “BILL
AB# 76!=*2 TITLE: PUBLIC HEARING - CHAPTER 27
MTG,04/22/86 SPECIAL ASSESSMENT DISTRICT
DEPTE NG No. 86-3 CYNTHIA LANE
RECOMMENDED ACTION:
BY motion, adopt Resolution No. BG4 2 making findings at a
public hearing pursuant to Chapter 27 of the “Improvement Act of
1911”.
ITEM EXPLANATION:
On March 25, 1986 Council approved Resolution No. 8460 which orders the installation of improvements on Cynthia Lane and also set this meeting of City Council as a public hearing to hear any
objections to the proposed improvements. Resolution No. 8460 indicates that the hearing will be held pursuant to the provisions of Chapter 27 of the “Improvement Act of 1911” and
directs the City Engineer to construct the proposed improvements if the owners do not start the work within 60 days. That 60-day period ends May 31, 1986.
FISCAL IMPACT
Estimated construction costs:
Estimated incidental expenses:
Total estimated cost:
EXHIBITS
$207,900.00
$ 63,625.OO
$271,525.00
1. Location Map.
2. Order of Procedure.
3. Certificate of Compliance.
4. Resolution No. f5#$?2 making findings at a public
hearing pursuant to Chapter 27 of the “Improvement Act of 1911”.
LOCATION MAP
\ . BUENA AVENUE
-I 71 I 1 I I-
I
I
! I
I I [ --
: I
CYNTHIA ! LANE I
KNOWLES AVENUE
w > E 13
a
0” 3 z
id
I r
LEGEND
PROJECT N&ME
CYNTHIA LANE ASSESSMENT DISTRICT I PR0.l. NO.
3161
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
DATE OF PUBLIC HEARING: APRIL 22, 1986
MAYOR: Announce that this is the time and place scheduled for
the Public Hearing on ASSESSMENT DISTRICT NO. 86-4 (PARK
DRIVE), with the proceedings pursuant to Chapter 27 of
the “Improvement Act of 1911”.
CITY CLERK: Announce that Notice has been given in the manner and
form as required by law, and a Certificate of Compliance
is on file with the transcript of these proceedings and
open to public inspection.
STAFF: General presentation as to the following:
- Extent of the works of improvement
- Boundaries of the proposed Assessment District.
- Statement as to whether or not the property owners
have yet commenced the works of improvement.
- Report on written protests received and announce that
copies have been delivered to each member of the City
Council.
END OF STAFF REPORT
MAYOR:
CITY COUNCIL: &motion, CLOSE the Public Hearing.
CITY COUNCIL: Discussion.
CITY COUNCIL: Adopt RESOLUTION MAKING FINDINGS.
Open Public Hearing, and first hear from anyone who has
filed a written protest.
Then, ask if anyone else wishes to speak in opposition
to the proceedings.
Next, ask if anyone wishes to speak in favor of the
proceedings.
EXHIBI7- 2 3
CERTIFICATE OF COMPLIANCE
STATE OF CALIFORNIA COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ, under‘ penalty of perjury, hereby CERTIFIES that the undersigned is the duly appointed, qualified and acting CITY CLERK of the CITY OF
CARLSBAD, CALIFORNIA.
Acting in my official capacity, I gave notice to construct improvements in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE)
(hereinafter referred to as the "Assessment District") in the following manner:
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
%-- +I day of PIN+ tt 1986, to the person in possession of said property or to -h-+md e owner t ereo last known address as the same appears on the last equalited assessment of the
County, or as their names and addresses are known to me. A copy of said Notice is attached hereto.
POSTING
A copy of said Notice, printed on a card not less than eight (8) inches by ten (10)
inches in size, .was posted in a conspicuous place on the property on the 315-r- day of maRci+ , 1986.
BOUNDARY MAP
A copy of the proposed boundary map of the Assessment District was filed in the
Office of the County Recorder on the within fifteen (15) days after the adop on of the Resolutlkn S ,':-r day of WAR. ,I 1986, being
etting Public Hearing. Filing data is as follows: 8~~ 1133 78
EXECUTED this 3& day of 1986, at Carlsbad, California.
CITY CLtKK - . c
CITY OF CARLSBAD
STATE OF CALIFORNIA
EXHIE3I-T 3
RESOLUTION NO. 8522
6
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS AT PUBLIC HEARING PURSUANT
TO CHAPTER 27 OF THE "IMPROVEMENT ACT
OF 1911”
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has instituted proceedings pursuant to the provisions of Chapter
7 27 of the "Improvement Act of 1911”, being Division 7 of the
8 Streets and Highways Code of the State of California, for the
9 construction of certain authorized improvements in a special
10 assessment district known and designated as
11 ASSESSMENT DISTRICT NO. 86-3
12 (CYNTHIA LANE)
i3 (hereinafter referred to as the "Assessment District).; and,
14 WHERE-AS, Notice has been given in the manner and form as
15 required by law and specifically Article II, Part 3 of Division 7
16 of the Streets and Highways Code, and a Certificate of Compliance
17 is on file in the Office of the City Clerk; and,
18 WHEREAS, a public hearing has been held and all testimony and
19 evidence heard relating to the works of improvement as proposed
2. for the Assessment District, and the legislative body is desirous
21 II at this time to proceed. I
22 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
23 SECTION 1. That the above recitals are all true and
24 correct. I
25 SECTION 2. That all protests of every nature are hereby
26 overruled and denied.
27 SECTION 3. The Superintendent of Streets is hereby directed
28 to proceed and cause the construction of the works of improvement
1
2
3
4
F .A
&
7
&
9
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in said Assessment District if said construction is not commenced
within sixty (60) days after not-i
to so cause the work to be done.
SECTION 4. That the works
ce is given to the property owner
of improvement shall be done and
carried through and financed pursuant to the provisions of Chapter
27 of the "Improvement Act of 1911”, and for all particulars as to
these proceedings, reference is made to the Resolution ordering
the installation of the public improvements and instructing the
Superintendent of Streets to so give notice.
SECTION 5. The works of improvement and project shall be
financed pursuant to the provisions of said Chapter 27, and bonds
shall issue to represent unpaid assessments in accordance with
Division 7 of the Streets and Highways Code of the State of
California ("Improvement Act of 1911”) to represent each assess-
of a 30-day cash collection period. Such bonds shall be
and sold as this legislative body directs and shall be
following the expiration of the cash payment period.
ment of $150.00 or more remaining unpaid following the expiration
issued
dated
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 22nd day of April , 1986, by the
following vote, to wit:
AYES: Council Members Casler, lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
F. MACKENZIE BROWN
INCORPORATED
F. MACKENZIE BROWN
RONALD E. NULL, A.P.C.
WARREN B. DIVEN
F? 0. BOX 8025 SAN DIEGO I6191 456-1915
FAIRBANKS RANCH PLAZA ORANGE 1714) 551-1915
RANCH0 SANTA FE. CALIFORNIA 92067 LOS ANGELES I2131 587-1915
VENTURA I8051 653-1915
RIVERSIDE 1714) 359-5489
April 9, 1986
Aletha Rautenkranz, City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
RE: ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
Dear Aletha:
Enclosed herein pleaes find the following:
1.
2.
ORDER OF PROCEDURE: This sets forth the order of procedure for the conduct of
the public hearing scheduled for April 22, 1986, and should also be helpful to
you in the preparation of the minutes of the meeting.
RESOLUTION MAKING FINDINGS: This Resolution should be adopted upon the conclu-
sion ot the public hearing if the City Council wishes to proceed.
Please note that the work should not be authorized until all property owners have
had the full sixty (60) days period in which to complete the works of improvement. I
would appreciate a communication from the City prior to the time that the work is
actually initiated by the City.
As written protests are filed against the proceedings, please have copies imme-
diately transmitted as follows:
1. Each member of the legislative body
2. Office of Engineer of Work (Willdan Associates)
3. Office of F. Mackenzie Brown, Inc.
If you have any questions concerning the above, please call.
Very truly yours,
F. MACKENZIE BROWN
FMB:bd
encl.
cc : Donald D. Donovan, City Engineer
Jim McLean, Project Manager
Vincent Biondo, Esq., City Attorney Bob Sargeant; Willdan Associates
ORDER OF PROCEDURE
CITY OF CARLSBAD
DATE OF PUBLIC HEARING
MAYOR:
CITY CLERK:
STAFF:
MAYOR:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
APRIL 22, 1986
Announce that this is the time and place scheduled for
the Public Hearing on ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE), with the proceedings pursuant to Chapter 27 of
the “Improvement Act of 1911”.
Announce that Notice has been given in the manner and
form as required by law, and a Certificate of Compliance
is on file with the transcript of these proceedings and
open to public inspection.
General presentation as to the following:
- Extent of the works of improvement
- Boundaries of the proposed Assessment District.
- Statement as to whether or not the property owners
have yet commenced the works of improvement.
- Report on written protests received and announce that
copies have been delivered to each member of the City
Council.
END OF STAFF REPORT
Open Public Hearing, and first hear from anyone who has
filed a written protest.
Then, ask if anyone else wishes to speak in opposition
to the proceedings.
Next, ask if anyone wishes to speak in favor of the
proceedings.
By motion, CLOSE the Public Hearing.
Discussion.
Adopt RESOLUTION MAKING FINDINGS.
2%~:;;. 7 s. .,/
April 22, 1986
The Mayor of The City of Carlsbad,
Members of the City Council 1200 Elm Avenue
Carlsbad, CA 92008
ITEM # 17 CYNTHIA LANE ASSESSMENT DISTRICT
As a member of the proposed assessment district, I would like to request a
30 day extension to construct the required improvements.
One of our neighbors, a contractor/developer (Joe Sandy, D. C. C. ) has
offered to construct the required improvements for half the cost estimated
by the City of Carlsbad. We are seriously considering this offer, but
financing such improvements through a bank is not easy.
CLYDE WICKHAM
JULIE M. MENNEN 1320 k+UYbl~ AC-
FRANK LIN a[z-0, CA-
CW:mh