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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