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HomeMy WebLinkAbout1988-04-05; City Council; 9370; AD 86-03 Public Hearing Confirming AssessmentsCl- OF CARLSBAD - AGENT” BILL AB# 9370 TITLE: MTG, 04/05/88 ASSESSMENT DISTRICT NO. 86-3 DEPT.- (CYNTHIA LANE) PUBLIC HEARING CONFIRMING ASSESSMENTS RECOMMENDED ACTION: 1. Adopt Resolution No. n-//a confirming "Report" of the Superintendent of Streets and levying assessments in Chapter 27 proceedings. 2. Adopt Resolution No. 88-/3 awarding the sale of bonds. ITEM EXPLANATION: On March 25, 1986, the City Council approved the formation of this assessment district based on petitions from 73 percent of the property owners. A public hearing on the formation of the district was held on April 22, 1986. Three of the owners installed the improvements at their own expense and on February 3, 1987 a contract was awarded to construct the balance. The project was completed and Notice of Completion approved by Council on October 27, 1987. The purpose of the public hearing is to allow the property owners to have input to the assessment amount as contained in the "Report" of the Superintendent of Streets. If Council finds the assessed amounts to be correct, the "Report" should be confirmed and assessment levied by adopting the resolution. The owners have 30 days to pay the assessment, or a portion of it in cash, or bonds will be sold and they will pay off the assessment over a period of approximately nine years. A resolution is attached authorizing the sale of the bonds. FISCAL IMPACT: The total project cost - including construction and incidentals - was $227,241.63. Design, survey and related costs were spread to all 12 owners. However, since three owners constructed their own improvements they cannot be assessed for the design and related costs. These costs amounted to $15,501.02 and represent a cost for which the City will not be able to collect a reimbursement. The balance of $211,740.61 will be assessed to the nine property owners. The City advanced the funds to cover the costs on this project and except as noted above, will be reimbursed from the sale of bonds. Details of the costs and individual assessments are contained in the "Report" of the Superintendent of Streets which is attached. The City has received an offer to purchase the bonds from the Sutro Company at an interest rate of 7.75 percent. PAGE TWO OF AGENDA BILL NO. 7374 EXHIBITS: 1. Location Map 2. Order of Procedure 3. "Report' of the Superintendent of Streets 4. Certificate of Compliance with Notice Requirements 5. Resolution No. 88-H& confirming "Report" of the Superintendent of Streets and levying assessments in Chapter 27 proceedings. 6. Resolution No. flefl3 awarding the sale of bonds. .- LOCATION MAP I r LEGEND wcnumMAP H.T.S. r PROJECT NAME PROJ. NO. EXHIBIT CYNTHIA LANE ASSESSMENT DISTRICT 3161 I CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) DATE OF PUBLIC HEARING: APRIL 5, 1988 PUBLIC HEARING HEARING REQUIRED PURSUANT TO THE "IMPROVEMENT ACT OF 1911" FOR CONSIDERATION: (CHAPTER 27) MAYOR: CITY CLERK: STAFF: STAFF: Announce that this is the time and place fixed for the .- public hearing on protests or objections to the Engineer's "Report" and all other matters relating to the assessment district designated as Assessment District No. 86-3 (Cynthia Lane). Announce that notice of Hearing has been given in the manner and form as required by law, and that the appropriate Certificate of Compliance is on file. Notice was given in the following manner: - Posting on property - Mailing Notice to property owners - Explain purpose, scope and order of procedure for Public Hearing. - Explain general nature, location and extent of the proposed works of improvement and boundaries of the Assessment District. - Present and summarize "Report" pursuant to the provi- sions of the Chapter 27 of the "Improvement Act of 1911", consisting of the following: a. Cost estimate; b. Assessment Roll; C. Assessment Diagram; d. Description of the works of improvement. - Explain method and formula of assessment spread. Report on number of protests received, summarize contents .I and announce that copies have been delivered to each member of the legislative body. END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION EXHIBIT 2 . ORDER OF PROCEDURE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) PAGE TWO DATE OF PUBLIC HEARING: APRIL 5, 1988 MAYOR: ASK -EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. Protests should address the following: A. Method of assessment spread and apportionment. .- B. Satisfactory completion of the work. STAFF AND CITY COUNCIL: Discussion. CITY COUNCIL: CITY COUNCIL: CITY COUNCIL: By Motion, declare Public Hearing CLOSED. IF TBE LEGISLATIVE BODY WISHES TO PROCEED: Adopt RESOLUTION CONFIRMING "REPORT" AND LEVYING ASSESS- MENTS: This Resolution confirms the "Report" of the Engineer and levies the assessment. Adopt RESOLUTION BAKING AWARD FOR SALE OF BONDS: This is the formal acceptance of the offer to purchase bonds made by Sutro L Co. * * * - AGENCY: CITY OF CARLSBAD PROJECT: ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) TO: CITY COUNCIL ENGINEER’S “REPORT” PURSUANT TO THE PROVISIONS OF CHAPTER 27 OF THE “IMPROVEMENT ACT OF 191 l”, AND SPECIFICALLY SECTION 5882 THEREOF The CITY COUNCIL of the CITY OF CARLSBAD, STATE OF CALIFORNIA, has initiated proceedings pursuant to the provisions of Chapter 27 of the “Improvement Act of 1911”, commencing with Section 5870 of the Streets and Highways Code of the State of California, for the installation and construction of certain works of improvement, together with appurtenances, in a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the “Assessment District”). WHEREAS, the property owners were noticed in the manner and form as authorized by law, and a public hearing was held and the property owners did not commence the construction within the sixty (60) days period, as authorized and required by law; and, WHEREAS, the City did then authorize the construction and installation of the works of improvement, and upon completion of the construction, and the designated Superintendent of Streets has prepared the necessary “Report” setting froth the final costs of construction and installation, including in- cidental expenses, and a description of all property benefitted from the works of improvement and to be assessed therefor; and WHEREAS, the City also authorized the issuance of serial bonds in accordance with Division 7 of the Streets and Highways Code (“Improvement Act of 1911”) to represent each assessment of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement. The serial bond shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12% per annum. Said bonds, upon redemption, shall provide a legal maximum rate of 12% per annum. Said bonds, upon redemption, shall provide a pre- mium of five percent (5%) on the unmatured principal, and the first two per- cent (2%) collected as a delinquency shall be retained by the Treasurer as a cost for servicing the delinquency. I, the appointed SUPERINTENDENT OF STREETS, submit herewith the follow- ing “Report” for approval and final confirmation, and do hereby set forth the EXHIBIT 3 Rev. 3-88 - total costs and expenses of the improvements and assess said costs against the parcels within the boundaries of the Assessment District in direct pro- portion to the benefits received. The costs to be assessed are set forth as follows with a detailed breakdown on the following pages: I. CONSTRUCTION $161,600.19 II. INCIDENTAL EXPENSES 65,641.44 Ill. TOTAL CONSTRUCTION AND INCIDENTAL EXPENSES 227,241.63 IV. CONTRIBUTION 15,501.02 V. BALANCE TO ASSESSMENT 211.740.61 The parcels and properties to be assessed are generally set forth as follows: ASSESSMENT TAX CODE NUMBER PARCEL AMOUNT OF ASSESSMENT 1 156-230-37 8 0.00 2 156-230-38 0.00 3 156-230-41 - 26,156.95 4 156-230-42 26,285.49 5 156-230-49 29,670.15 6 156-230-50 26,007.,03 7 156-230-52 25,921.29 8 156-230-59 19,708;80 9 156-230-60 32,112.41 10 156-230-62 0.00 11 156-230-63 13,025.OO 12 156-230-64 12,853.49 The district costs have been spread to each parcel in relation to the benefits received. This has been based on the front footage of each parcel in accordance with previous presentations to the City Council. . The three parcels receiving a zero assessment have exercised their option to construct the improvement themselves and thus the City’s contractor did not complete any work along those parcels. A portion of the cost to initiate the District and to prepare the plans, however, benefitted these parcels. This cost ($15,501.02) has been shown as a City contribution to the district. This “contribution” is offset by permit fees which were paid by the three property owners who completed their own frontage improvements. Rev. 3-88 CITY OF CARLSBAD ASSESSMENT D ISTR I CT 86-3 CYNTHIA LANE Final Construction Costs: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Clear & grub Unclassified excavation AC paving Aggregate base Curb & gutter Survey monument Street lights Fire hydrant 6” water main 1 II air release valve 1 ‘I water service 8” water main 6” VCP water Sewer access hole Sewer cleanout Sewer lateral Joint utility trench Gas trench 3” elec conduit 2” elec’ conduit 4” elec: conduit Telephone conduit SDGEE Telephone Cable TV $ 14,912.50 18,067.OO 11,822.40 7,939.72 10,749.17 325 .OO 2,880.OO 2,700.OO 8,946.OO 650.00 8,625.OO 6,516.OO 8,364.OO 3,800.OO 5,225.OO 9,ooo.oo 7,008.OO 525.00 630.00 3,300.oo 2,317.50 904.00 $134,660.29 21,444.90 3,495.oo 2,ooo.oo $161,600.19 Rev. 3-88 INCIDENTAL COSTS Design Engineer* Right-of-Way Engineering* Des. Survey* Soils Engineer* Prev. Mgmt. (thru design)* Assessment Engineer Reproduction Advertising Construction Management Inspection Material Testing Bond Servicing Bond Discount (4%) Bond Counsel (2%) $13,925.00 12,350.OO 3,550.oo 900.00 4,174.46 5,ooo.oo 807.00 405.00 6,065.fIO 2,835.OO 926.00 2,ooo.oo 8,469.63 4,234.81 $65,641.44 * These items were spread to the property owners who completed the work on their own. The total cost is represented as a contribution. Rev. 3-88 This “Report” is hereby prepared, the 25* day of MARCH submitted and filed with the City Clerk on , 1988. SUPERINTENDENT OF STREETg CITY OF CARLSBAD STATE OF CALIFORNIA I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, to rther with the Diagram attached thereto, was filed in my office on the ~5 9 day of MARrcl , 1988. (ckQ&L aQ RaA CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was confirmed by the City Council of said City on the day of , 1988. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA Rev. 3-88 . ASSESShilENT DIAbkAM ASSESSMENT DISTRICT 86-3 (CYNTHIA LANE) CITY OF CARLSBAD, CALIFORNIA a i I I I I , Jl- DESCRIPIION OF WORK, LEGEND u- -riwIDmmcr8atmA8T d- -8aumuv PatELlluma c s wsb-n UtEIBoe ?ucp mn8a -.- OOUESTK WATmurc --•- 88ErpJILmE E 8Tm 4 SmEETLJW - . . Nf-w-I*MmY CQlldaTnllum NculuQ~ 5lAmslsnornrawrusE59EwT i_ ~a*aurwmswmurvmsuvma~w5 maw---m=- lCLLmAOOAILD*rM-wM-O -wwaam MY0 UBL- WUAeE:lOMA888S~(CLLWEWAoaQ’WT’S --lplE&.~““Em ra M mar *ouwz1Ma4-5 wa84ubmaw~mmm e UTYQW(-UWw- %zlcz- My 5- ---uaaaI woof-- mnsm OMQQYTI-NTn-OW- 5- . Qoum- QlroQynQLuEQD T . VI? -- c)L)Banae 8w8m818B w curaq 9D-umsm21w~ -.m . . . . - CERTIFICATE OF COMPLIANCE STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, hereby CERTIFIES that the undersigned is the duly qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA. Acting in my official capacity, I gave notice of the public hearing to be held in connection with 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: 1. Personal service was made on the property owners on the day of I 1988. OR, IN THE ALTERNATIVE, A copy of said Notice was mailed, postage prepaid, on the 21 day of #w 1988, to the person in possession of said property or to the owner thereof a; his last known address as the same appears on the last equalized assessment of the County, or as their names and addresses are known to me. A copy of said Notice is attached hereto. 2. A copy of said Notice, printed on a card not leas than eight (8) inches by ten (10) inches in size, was posted in a conspicuous place on the property on the 23 %? day of PiARCH , 1988. 3. A copy of the AGENDA for the meeting of -7 1988, setting forth a general description of the project and the time and place of the meeting, was posted in a location freely accessible to the general public at least 72 hours before the time set for said meeting; said posting being accomplished on the APRII / s7- day of , 1988. EXECUTED this -tr\ 3 day of t3 PRIL , 1988, at Carlsbad, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA EXHIBIT 5 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 RESOLUTION NO. 88-112 RESOLUTION OF THE CITY COUNCIL OF THE CITY AND LEVYING ASSESSMENTS IN ACT OF 1911" WHEREAS, CALIFORNIA, pursuant to Article 2 of CITY OF CARLSBAD, provisions of Chapter 27, being Code of the State of California has authorized that certain constructed and installed in properties in "Improvement Act of 1911"), improvement shall be certain privately owned NO. 86-3 (CYNTHIA LANE) (hereinafter eferred to as the “Assess- ment District"); and, WHEREAS, at improvement the works of Chapter 27 of the final cost of construction, together wit the date, time and- place for pub as authorized by law; and, WHEREAS, all property owners and/or other have had an opportunity to be heard and pres relates to the method of the construction and/or apportionment of the final spread of the asses WHEREAS, this legislative body is now satisfie final "Report" of the Engineer as submitted, desirous to proceed to approve said "Report" and the assessments. :,, r NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and orrect. 5 SECTION 2. That all rotests and objections of any kind as 6 received are hereby overrule and denied. 7 SECTION 3. That roceedings heretofore conducted 8 pursuant to Chapter 27 Act of 1911" for the g construction of certain the Assessment District lo have been conducted in the form manner required by law, and 11 are herewith confirmed and approved. 12 SECTION 4. That the "Report" as revised, 13 corrected or modified, is herewith 14 SECTION 5. 15 improvement, and financing costs, 16 is hereby confirmed and assessed against benefited and fronting upon the improvement so constructed, all 18 as II set forth in the "Report" of 19 said "Report" as submitted, is hereby 20 reference as though fully set forth. 21 SECTION 6. That all such if not paid, 22 shall constitute a special assessment the respective 23 parcels of property involved fr 24 LIEN AND ASSESSMENT, which lien shall continue unti the assess- 25 ments and all interest thereon 26 discharged. 27 SECTION 7. That as previously authorized, 28 shall be issued in accordance with Division \ :, 1 2 Highways Code of the State of California ("Improvement Act of 3 1911") to represent eat assessment of $150.00 or more remaining 4 unpaid for thirty (30) after the date of the confirmation of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2c 27 if assessments are not discharged, bonds shall be issueh pursuant ',,, to the provision6 of the "Improvement Act of 1911" to r'epresent 28 unpaid assessments. the "Report" The serial bonds shall extend over a period of not to exceed INE (9) YEARS from the 2nd day of January next succeeding the n September 1st after their date. SECTION 8. That this 1 islative body further elects to provide that said bonds, upon r shall provide a premium of five percent (5%) on the matured principal, and said language shall be added to the red tion clause in the bond form to require the property owner to said premium in order to discharge the obligation of This legislative body further elects and declares first two percent (2%) collected as a delinquency shall be retained as a cost for servicing the delinquency, and the bon so delcare that said penalty SECTION 9. That immediately conclusion of the public hearing and the confirmation of the City Clerk shall cause the following notice requir nts to be met and accomplished: A. Mail to each owner of operty within the Assessment District a NOTICE OF ASSESSMENT con ning a desig- nation and description of the property, the amount the assess- ment, the time and place of payment thereof, and a st ement that \ . . 1 2 B. Publish in the designated newspaper a NOTICE 3 OF ASSESSMENT, successive the time and place for issued to represent unpaid 6 assessments. 7 8 certified copy he Office of the County Recorder a 9 as authorized by Section 10 the State of California. 11 SECTION 10. 12 tion period 13 Assessments, 14 County Recorder in the Office of the 16 Code of the State of California. 17 PASSED, APPROVED AND ADOPTED by the Cit Council of the City 18 Of Carlsbad at by the following vote, 20 AYES: 21 NOES: 22 ABSENT: 23 CLAUDE A. LEWIS, Mayor 24 ATTEST: 25 26 ALETHA L. RAUTENKRANZ, City Clerk 27 (SEAL) 28 1 ; : 4 F L E ‘i E E 1c 11 li 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-1 .13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, LIFORNIA, MAKING AWARD FOR SALE OF BONDS, ND PROVIDING FOR THE ESTAB- WHEREAS, CITY OF CARLSBAD, ZALIFORNIA, has heretofore conducted proceedings under the te being Article 2 >f Part 3 of Division ode of the State ,f Californi or the construc- :ion of certain public works of rovement, together with appur- :enances and appurtenant assessment district cnown and designated as 86-3 (CYNTHIA LANE) (hereinafter referred to as he "Assessment District"); Pnd, WHEREAS, in the Resolution of a Int ntion it was determined nnd declared that bonds should issue unde the provisions of said 'Improvement Act of 1911"; and, WHEREAS, there has now been received, in proper form, an offer to purchase said bonds to issue un r said proceedings [hereinafter the :he interests of jistrict and shoul "proposal"), which is consi red to best t serve owners of land included wit in the Assessment d be accepted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS SECTION 1. That the above recitals :orrect. true and \ SECTION 2. That the proposal received fAom STONE & \ !OUNGBERG for the purchase of improvement bonds representing lnpaid assessments in said Assessment District is hereby accepted rnd approved. 1 SECTION 3. That said sale is 2 subject to all the terms and conditions as 3 set forth in the the accepted proposal, and a copy of 4 said proposal shall be kept on file with the transcript of 5 these proceedings. SECTION 4. 6 hat the Treasurer be, and hereby is, directed 7 the expiration of the and said Treasurer shall then have said 8 o bonds signed of the amount of monies Y and upon the performance of all the 11 i2 13 14 15 16 17 18 conditions as set SECTION 5. be, and the same hereby is forth in said acce e or rates on said bonds at the rate or rates as set SECTION 6. is hereby authorized and directed to keep a redemption gnated by the name of the proceedings, into which he shall lace all sums received for the collection of the assessments and he interest thereon, together 19 with all penalties, if applicable, and from which he 20 shall disburse such funds owner. Under no 21 circumstances shall the said bonds or thereon be paid 22 out of any other fund except Said fund shall 23 be known as the REDEMPTION FUND, designated by the 24 name of this Assessment District. '., 25 PASSED, APPROVED AND ADOPTED by the City Council of the City 26 Of Carlsbad at its regular meeting held on the day of 27 , 1988, by the following vote, to wit: 28 . .