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HomeMy WebLinkAbout1988-04-19; City Council; 9395; Cynthia Lane AD 86-03 Public HearingCI’V OF CARLSBAD - AGENP BILL c* AB#.z TITLE: MTG. 04/19/88 RssEssMEuT DISI'RICI NO. 86-3 DEPT.- t- =I HJBLICHEMING-- \w CITY ATTY CITY MO II+&& RECOMMENDED ACTION: 1. Adopt Resolution No. gg-131 ordering certain 'lzhanges and mdifications to the Engineer's IQeport.'l 2. Adept RasolutionNo. ~~-~~~amfixming IQepo?Y of the,Superirrb&nt ofStreetsandlevyingaCEmEnb inChapter27proc~dxq . 3. Adopt &solution No. KY”113 awarding the sale of bonds. On April 5, 1988, cauncil apened the @lit hearing on this district. At themeeting,cauncilrequestedmoreinformationonthreei~: 1. Mr. Medina's assemmntandwhetheritwascorrect. 2. whether15-yearbondscauldbeusedandwfrattheirrterestrate~d he. 3. Moreinformationonincidentalcc6ts. Willdan Associates checked Mr. Medina's assessmentandfoundittobein errcrbecauseofanermrinthefrontfootageofhisproperty. Allother flmntageswere mche&edandfoundtobecorrect correcting Mr. Medina's frontageloweredhis assessment by $3,174. mis,unfolkunately,causesall other assessmentS to inaease by an average of approximately $425. The revised-and amount of change are shown on Exhibit 3. StoneandYomgberyhasagreedtoextedthebordtemtol5yearsatan . mterest rate of 7.15% (the ten-year bond interest would be 7.00%). Staff mcamaxk that 15-year bonds be sold. The incidental eqenses for this projectwere reviewed and faurad to be slightly below typical expmses for an asmxment district of this size. Staff will explain those expemes inmcredetail atthemeeting. Thepurpcseofthepublichearingistoallmthepmpertymners to have inputtothe- amount as contained in the Qep~rt~~ of the superinment of Streets. If Cbuncil finds the -amountstobe comect,the"Rqmt'shouldbeconfirmedand assesmmtleviedby adcpting the resolution. The amers have 30 days topaythe aaesaent, or a portion of it in cash, or bonds will be sold and they will pay off the Boveraperiodof approximately 15 years. Aresoluticnis attached authorizingthe saleof the bonds. The total project cost - including comtmction and incidentals - was $227,241.63. Design,suweyan=irelatedoasts~spreadtoall12awners. HOWW'Z, Sincethree- constructed their own inpmwments they cannot be asses&l for the design and related costs. These costs annIn $15,501.02 and represent a cc& for whi& the City will not be 2 2 mlle&areimbPlrsement . The balame of $211,740.61 will be assessed to the llilE?property-. The City adwmced the fun% to cover the costs on this project andexceptasnotedabove,willbe~~hJxrsed frcunthesaleof hOlIdS. Details of the costs and irdividual assessments are contained in the lReport"oftheSuperintendentofStreets~~isa~~~. l%e City has received an offer to pwxhase the bonds from Stone and Youngbeq for a time period of 15 years at an interest rate of7.15%. 1. 2. 3. 4. 5. 6. 7. 8. Imation Map order of procedure Revised-spread "Report" of the Superinte&kntof Streets CertificateofCo@iamewithNoticeF&qhmmb FtesolutionNo.~~-131 otiering certain changes andmodifications. Resolution No. FE-//a confirming %eporttt of the Superintemknt of streetsand1evying assesmmtsinUqter27proc=eedings. Resolution No. rP-//X awarding the sale of bonds. LOCATION MAP AVENUE 7 r LEGEND VmwrYMAP N. t. 9. PROJECT NAME PUOJ. NO- EXHI6IT CYNTHIA LANE ASSESSMENT DISTRICT 3161 I - ORDBR O? PROCEDDRE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) DATE OF CONTINUED PUBLIC HEARING: APRIL 19, 1988 PUBLIC HEARING FOR CONSIDERATION: MAYOR: STAFF: MAYOR: HEARING REQUIRED PURSUANT TO THE "IMPROVEMENT ACT OF 1911" (CHAPTER 27) Announce that this is the time and place fixed for the continuation of the public hearing on protests or objec- tions to the Engineer's "Report" and all other matters relating to the assessment district designated aa Assees- ment District No. 86-3 (Cynthia Lane). - Presentation of proposed changes and modifications as follows: A. Changes and modifications to epread of assessments and costs to property owner8 B. Modification of bond term from 10 to 15 years. C. Staff recommendation. END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION 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. C. Term of Bonds. STAFF AND CITY COUNCIL: Diecussion. CITY COUNCIL: By Motion, declare continued Public Hearing CLOSED. EXHIBIT 2 . - ORDER OF PROCEDURE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) PAGE TWO DATE OF CONTINUED PUBLIC HEARING: APRIL 19, 1988 IF THE LEGISLATIVE BODY WISHES TO PROCEED: CITY COUNCIL: CITY COUNCIL: CITY COUNCIL: Adopt RESOLUTION ORDERING CERTAIN CHANGES AND MODIFICA- TIONS: This Reeolution orders changes and modifications in the spread of aeseeemente to correctly reflect the benefit apportionment, and extends term of bonds from 10 to 15 years. Adopt RESOLUTION CONFIRMING "REPORT" AND LEVYING ASSESSMENTS: This Reeolution confirms the amended "Report" of the Engineer and levies the assessment on the benefited properties within the boundaries of the Assessment District and extends the bond term from 10 to 15 years. Adopt RESOLUTION MAKING AWARD FOR SALE OF BONDS: This is the formal acceptance of the offer to pUrChaBe bonds made by Stone 61 Youngberg and extende the bond term from 10 to 15 years. * * * RlYNEEDAssEssMwTSpREAD 4-11-88 Original Revised Smead Smead Difference 3 4 5 6 Gastelm 7 8 9 10 11 12 Gilbert Gatstelum oathout Medina Buena Fmp. Wickham Iiin -O- -O- -O- -O- $26,156.95 $26,583.54 26,285.48 26,714.18 29,670.25 26,496.46 26,006.99 26,431.14 25,921.30 26,344.05 19,708.76 20,030.19 32,13.2.42 32,636.14 -O- -O- 13,024.92 13,237.34 l2,853.53 13,063.16 - mm + $426.59 + 428.70 -3,173.79 + 424.15 + 422.75 + 321.43 + 523.72 - + 212.42 + 209.63 EXHIBIT3 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 1911 ‘I, 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 ‘I) 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 FIFTEEN (15) 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. Rev. 4-88 I, the appointed SUPERINTENDENT OF STREETS, submit herewith the follow- ing “Report II for approval and final confirmation, and do hereby set forth the 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 65,425.50 III. TOTAL CONSTRUCTION AND INCIDENTAL EXPENSES 227,025.69 IV. CONTRIBUTION 18,883.98 V. BALANCE TO ASSESSMENT 208,141 .71 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 $ 0.00 2 156-230-38 0.00 3 156-230-41 26,156.96 4 156-230-42 26,285.50 5 156-230-49 26,071.27 6 156-230-50 26,007.OO 7 156-230-52 25,921 .31 8 156-230-59 19,708.77 9 156-230-60 32,112.44 10 156-230-62 0.00 11 156-230-63 13,024.92 12 156-230-64 12,853.54 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 accor- dance 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 ($18,883.98) 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. 4-88 CITY OF CARLSBAD ASSESSMENT DISTRICT 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” air release valve 1” 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. 4-88 . 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 .OO 405.00 6,065.OO 2,835.OO 926 .OO 2,ooo.oo 8,325.67 4,162.83 $65,425.50 * These items were spread to the property owners who completed the work on their own. The total cost is represented as a contribution. Rev. 4-88 _-- This “Report” is hereby prepared, submitted and filed with the City Clerk on the 18th day of APf;) , 1988. I l I * SUPERINTENDENT OF STREdTS 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 filed in my office on the j 9 t1 day of , 1988. aesda -1.Rn*A 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 w-h day of e , 1988. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA Rev. 4-88 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT 86-3 (CYNTHIA LANE) CITY OF CARLSBAD, CALIFORNIA DEsmPnm Dr WDRK, LEaEND --- uILIuoll88mm8unauv o-- PAma 8lw8m ILHLI-m ulcl808t cuep hlllR -w- DomElnc WAT88 LaE -8- IEmLwE 7 8TtlQT C-Q smcltlJ0(1 WWMaQtM-QrTltQTIQT- - cILlRuTm8,MTW Y ~-Mar- ----1 w~w-olmm WTleama QClUODum- BlntQDUCnOUIW 0- . ODurn- WOrMRap I VW -- 8em8mllmo 8wuwl188 w - m---*-m-w~ m.w -- CERTIFICATE OF COMPIJANCE 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 , 1988. OR, IN THE ALTERNATIVE, A copy of said Notice was mailed, postage prepaid, on the 21 cday of wa 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 less than eight (8) inches by ten (10) inches in size, 33 e was posted in a conspicuous place on the property on the day of FV&CH , 1988. 3. APRIL P-l A copy of the AGENDA for the meeting of Wu!s&m&, 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 ]5thday of , 1988. $j&‘@,\L -6 EXECUTED thiB 15 day of , 1988, at Carlsbad, California. u CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA EXHIBIT 4 -( RESOLUTION NO. 88-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT 5 WHEREAS, the CITY COUNCIL of CITY OF CARLSBAD, CALIFORNIA, 6 has heretofore instituted and conducted proceedings under the 7 terms and provisions of Chapter 27, being Article 2 of Part 3 of 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Division 7 of the Streets and Highways Code of the State of California ("Improvement Act of 1911"), for the construction of certain works of improvement in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assessment District"); and WHEREAS, at this time it is further decided that the term of the bonds should be extended to provide a more favorable payment program for the property owners within the boundaries of the Assessment District; and, WHEREAS, based upon the presentation and recommendations of staff and available documentation, it now appears that the changes and modifications as set forth in the amended assessment roll and Engineer's "Report", as presented herein, should be approved and ordered to be done, said changes increasing the City contribution, but not causing any increase in any assessments from those as previously set forth in the Engineer's "Report" and noticed. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. 28 s 1c 11 li 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. That the term of bonds shall be extended from ten to fifteen (15) years, and the paragraph in the bond relating to the terms shall read as follows: "Serial bonds shall be issued in accordance with Divi- sion 7 of the Streets and Highways Code of the State of California ("Improvement Act of 1911") to represent each assessment of $150.00 or more remaining unpaid for thirty (30) days after the date of the confirmation of the "Report" of the Engineer. The serial bonds shall extend over a period of not to exceed FOURTEEN (14) YEARS from the 2nd day of January next succeeding the next September 1st after their date." SECTION 3. That the changes and modifications to the spread >f the assessments, as set forth in the amended assessment roll nnd Engineer's "Report", increasing the City contribution, are nereby ordered to be made, authorized and approved. For all particulars as to the final assessments, reference is hereby made -0 said "Report", a copy of which shall remain on file with the transcript of these proceedings and remain open for public inspection. SECTION 4. X011, and all re That the Engineer's "Report", the Assessment lated documentation, as modified, reflects the Einal apportionment of the spread of the assessments in accor- lance with the benefits that each lot or parcel receives from the improvements, and said "Report", as modified, shall stand as the 'Report" for all subsquent proceedings relating to this Assess- nent District. PASSED, APPROVED AND ADOPTED by the City Council of the City >f Carlsbad at its regular meeting held on the 19th day of April , 1988, by the following vote, to wit: , 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 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: , II ALETHA L. RAUTENKRANZ, City Cle\k . 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 OF CARLSBAD CALIFORNIA, CONFIRMING "REPORT" OF THE SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACT OF 1911" WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to the provisions of Chapter 27, being Article 2 of Part 3 of Division 7 of the Streets and Highways Code of the State of California (the "Improvement Act of 1911"), has authorized that certain works of improvement shall be constructed and installed in front of certain privately owned properties in what is known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assess- ment District"); and, WHEREAS, at this time all construction of the works of improvement has been completed pursuant to proceedings under Chapter 27 of the "Improvement Act of 1911", and notice of the final cost of construction, together with the date, time and place for public hearing, has been given in the manner and form as authorized by law; and, WHEREAS, all property owners and/or other interested persons have had an opportunity to be heard and present testimony as it relates to the method of the construction and/or the manner and apportionment of the final spread of the assessments; and, WHEREAS, this legislative body is now satisfied, with the final "Report" of the Engineer as submitted, and is ready and desirous to proceed to approve said "Report" and confirm the assessments. 1 2 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 3 SECTION 1. That the above recitals are all true and 4 II correct. 5 SECTION 2. That all protests and objections of any kind as 6 received are hereby overruled and denied. 7 SECTION 3. That all proceedings heretofore conducted 8 pursuant to Chapter 27 of the "Improvement Act of 1911" for the 9 construction of certain improvements in the Assessment District 10 have been conducted in the form and manner required by law, and 11 are herewith confirmed and approved. 12 SECTION 4. That the "Report" of the Engineer, as revised, 13 corrected or modified, is herewith approved and confirmed. 14 SECTION 5. That the coat of construction of the works of 15 improvement, including all incidental costs and financing costs, 16 is hereby confirmed and assessed against the parcels of property 17 benefited and fronting upon the improvements so constructed, all 18 as set forth in the "Report" of the Engineer, as submitted, and 19 said "Report" as submitted, is hereby incorporated herein by 20 reference as though fully set forth. 21 SECTION 6. That all such costs so assessed, if not paid, 22 shall constitute a special assessment against the respective 23 parcels of property involved from the recordation of NOTICE OF 24 LIEN AND ASSESSMENT, which lien shall continue until the assess- 25 ments and all interest thereon have been paid and totally 26 discharged. II 27 II SECTION 7. That as previously authorized, serial bonds 28 shall be issued in accordance with Division 7 of the Streets and Highways Code of the State of California ("Improvement Act of 1911") to represent each assessment of $150.00 or more remaining unpaid for thirty (30) days after the date of the confirmation of the "Report" of the Engineer. The serial bonds shall extend over a period of not to exceed FOURTEEN (14) YEARS from the 2nd day of January next succeeding the next September 1st after their date. SECTION 8. That this legislative body further elects to provide that said bonds, upon redemption, shall provide a premium of five percent (5%) on the unmatured principal, and said language shall be added to the redemption clause in the bond form to require the property owner to pay said premium in order to discharge the obligation of the lien. This legislative body further elects and declares that the first two percent (2%) collected as a delinquency shall be retained as a cost for servicing the delinquency, and the bond shall so delcare that said penalty shall be retained by the Treasurer. SECTION 9. That immediately upon the conclusion of the public hearing and the confirmation of the "Report", the City Clerk shall cause the following notice requirements to be met and accomplished: A. Mail to each owner of real property within the Assessment District a NOTICE OF ASSESSMENT containing a desig- nation and description of the property, the amount of the assess- ment, the time and place of payment thereof, and a statement that if assessments are not discharged, bonds shall be issued pursuant to the provisions of the "Improvement Act of 1911" to represent unpaid assessments. -c B. Publish in the designated newspaper a NOTICE 3 OF ASSESSMENT, said publication being once a week for two (2) 4 successive weeks; said NOTICE indicating the time and place for 5 payment and that bonds will be issued to represent unpaid 6 assessments. 7 C. File in the Office of the County Recorder a 8 certified copy of the assessment diagram in the form and manner 9 as authorized by Section 3114 of the Streets and Highways Code of 10 the State of California. 11 SECTION 10. Upon the completion of the 30-day cash collec- 12 tion period and the filing of the Certificate of Paid and Unpaid 13 Assessments, the City Clerk shall record in the Office of the 14 County Recorder the NOTICE OF LIEN AND ASSESSMENT as authorized 15 by Section 5895.1 and Section 3114 of the Streets and Highways 16 Code of the State of California. 17 II PASSED, APPROVED AND ADOPTED by the City Council of the City 18 19 20 21 22 23 24 of Carlsbad at its regular meeting held on the 19th day of April , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: 25 26 ALETHA L. 27 (SEAL) II 28 t 1 - 1 RESOLUTION NO. 88-113 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF CARLSBAD, CALIFORNIA, MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTAB- 4 LISHMENT OF A REDEMPTION FUND 5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, 6 CALIFORNIA, has heretofore instituted and conducted proceedings 7 under the terms and provisions of the Chapter 27, being Article 2 8 of Part 3 of Division 7 of Streets and Highways Code of the State 9 of California (the "Improvement Act of 1911"), for the construc- 10 tion of certain public works of improvement, together with appur- 11 tenances and appurtenant work, in a special assessment district 12 known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA 13 LANE) (hereinafter referred to as the "Assessment District”); 14 and, 15 WHEREAS, in the Resolution of Intention it was determined 16 and declared that bonds should issue under the provisions of said 17 "Improvement Act of 1911"; and, 18 WHEREAS, at this time it is further declared that the term 19 of the bonds should be extended to provide a more favorable 20 payment program for the property owners within the boundaries of 21 the Assessment District; and, 22 WHEREAS, there has now been received, in proper form, an 23 offer to purchase said bonds to issue under said proceedings 24 (hereinafter the "proposal"), which is considered to best serve 25 the interests of owners of land included within the Assessment 26 District and should be accepted. 27 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 28 1 2 SECTION 1. That the above recitals are all true and 3 correct. 4 SECTION 2. That the term of bonds shall be extended from 5 ten to fifteen (15) years, and the paragraph in the bond relating 6 to the terms shall read as follows: 7 8 9 10 11 "Serial bonds shall be issued in accordance with Divi- sion 7 of the Streets and Highways Code of the State of California ("Improvement Act of 1911") to represent each assessment of $150.00 or more remaining unpaid for thirty (30) days after the date of the confirmation of the "Report" of the Engineer. The serial bonds shall extend over a period of not to exceed FOURTEEN (14) YEARS from the 2nd day of January next succeeding the next September 1st after their date." 12 SECTION 3. That the proposal received from STONE & 13 YOUNGBERG for the purchase of improvement bonds representing 14 unpaid assessments in said Assessment District is hereby accepted 15 II and approved. 16 SECTION 4. That said sale is subject to all the terms and 17 conditions as set forth in the the accepted proposal, and a copy 18 Of said proposal shall be kept on file with the transcript of 1g these proceedings. II 20 SECTION 5. That the Treasurer be, and hereby is, directed 21 to have the bonds printed immediately upon the expiration of the 22 cash collection period, and said Treasurer shall then have said 23 bonds signed and delivered upon receipt of the amount of monies 24 due pursuant to said proposal and upon the performance of all the 25 conditions as set forth in the proposal. 26 SECTION 6. That the interest rate or rates on said bonds 27 be, and the same hereby is fixed at the rate or rates as set 28 forth in said accepted proposal. - 1 SECTION 7. That the Treasurer 2 is hereby authorized and 3 directed to keep a redemption fund designated by the name of the 4 proceedings, into which he shall place all sums received for the collection of the assessments and the 5 interest thereon, together with all 6 penalties, if applicable, thereon and from which he shall disburse such funds to the owner. Under no 7 registered circumstances shall the said bonds or 8 interest thereon be paid out of any other fund except as provided by law. Said fund shall 9 10 be known as the REDEMPTION FUND, and shall be designated by the 11 name of this Assessment District. 12 . PASSED, APPROVED AND ADOPTED by the City Council of the City 13 of Carlsbad at its regular meeting held on the 19th day of 14 April , 1988, by the following vote, to wit: 15 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 16 NOES: None 17 ABSENT: None 18 lg ATTEST: II 20 21 ALETHA L. 22 (SEAL) 23 24 25 26 27 28 2075 LAS PALMAS DRIVE = CARLSSAD, CALIFORNIA 92009459 Office of the City Engineer TELEPHONE (619) 438-1161 March 18, 1988 Richard T. f Marcella Gilbert 2810 Elmwood Street f (0 m-H=j- Carlsbad, CA 92008 NOTICE OF PUBLICHEARING - CYNTHIA IJUdE ASSESSMENT DISTRICT Notice is hereby given that a public hearing will be held on Tuesday, April 5, 1988 at 6:00 p.m. in the City Council Chambers, 1200 Elm Avenue Carlsbad, California regarding the Cynthia Lane Assessment District. Please read the attached NOTICE OF FILLING OF ASSESSMENT AND TIME OF PUBLIC HEARING for full details. Attached is a copy of the Engineer's report which will be considered at the public hearing. The assessment number, tax code parcel and amount of assessment for your property have been marked in yellow on the report. Your parcel has also been marked in yellow on the map attached to the report. The City has been in contact with underwriters who will sell the bonds for the assessment district. We anticipate that the interest rate will be under 8 percent. City Assessment Engineer RHA:rp Attachments: 1. Notike of Filing of Assessment and Time of Public Hearing 2. Engineer's Report c: City Engineer Finance Director City Clerk Al Virgilio - Project Manager Bob Sergeant - Willdan Associates Mat Brown - Law Offices of Brown & Diven e (MAILING) N(Xl'ICE OF FILING OF ASSESSNENT ANU TIME OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been filed with the legislative body of the CITY OF CARLSBAD, CALIFORNIA, a "Report" specifying the work which has been done, the cost of construction, a description of the real property in front of which the construction has been done, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof for work and improvements done and performed by the contractor under the provisions of Chapter 27 of Part 3 of the "Improvement Act of 1911", reference is made to the Resolution of Intention and appurtenant documents as on file and open for public inspection, in the matter of the construction of certain improvements within an area designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assessment District"). Said assessment shows the amount to be paid for the work and improvements, together with all incidental expenses, and shows the amount of each assessment against each lot or parcel of land assessed to pay the same. Serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code of the State of California ("Improvement Act of 1911") to represent each assessment of $150.00 or more remaining unpaid for thirty (30) days after the date of recording of diagram and assessment for this improvement. The serial bonds shall extend over a period of not to exceed NINE (9) YEARS from the 2nd day of January next succeeding the next September 1st after their date. A period of thirty (30) days will be allowed after the confirmation of the assessment to pay assessments in cash or to make payment against said assessments. The balance of assessments will then become payable in annual intallments, and serial bonds will be issued bearing interest at a rate to be determined on the sale thereof; provided, however, that the rate shall not exceed the current legal maximum rate of 12% per annum. If the bonds are discharged prior to their maturity, the property owner shall further pay a redemption premium of five percent (5%) on the unmatured principal. The first two percent (2%) collected as a delinquency shall be retained by the Treasurer as a cost for servicing the delinquency. - NOTICE IS HEREBY GIVEN THAT THE 5TH DAY OF APRIL, 1988, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME FIXED FOR THE CITY COUNCIL TO PASS UPON A "REPORT" OF THE SUPERINTENDENT OF STREETS OF THE COST OF THE CONSTRUCTION, AND WHEN ANY AND ALL PERSONS INTERESTED IN THE WORK DONE, THE "REPORT" OF THE SUPERINTENDENT OF STREETS, OR IN THE ASSESSMENT ON FILE IN THE OFFICE OF THE CITY CLERK, MAY APPEAR AND BE THEN AND THERE HEARD BY THIS LEGISLATIVE BODY. PROTESTS OR OBJECTIONS MUST BE IN WRITING AND FILED WITH THE CITY CLERK PRIOR TO SAID HEARING, ALL IN ACCORDANCE WITH THE PROVISIONS OF SAID ACT. DATED: %t& /8/ , 1988. SUPERINTENDENT OF STREETS CITY OF CARLSBAD STATE OF CALIFORNIA THIS IS NOT A BILL. YOU WILL RECEIVE A BILL AFTER THE ASSESSMENT IS CONFIRMED. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASSESSMENT TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVEMENT AS SET FORTH IN THESE PROCEEDINGS AND SHOWN ON THE ATTACHMENT HERETO. v 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 1911”. 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 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 AMOUNT OF NUMBER PARCEL ASSESSMENT 1 156-230-37 $ 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 DISTRICT 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 E grub Unclassified excavation AC paving Aggregate base Curb E gutter Survey monument Street lights Fire hydrant 6” water main 1 I’ air release valve 1” 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 SDGfE 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 6,065.80 2,835.OO 926.00 2 ,ooo.oo 8,469.63 4,234.81 -965,641.44 * 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 I’Report” is hereby prepared, submitted and filed with the City Clerk on the day of , 1988. SUPERINTENDENT OF STREETS 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 filed in my office on the day of I 1988. 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 . ‘. 1 ‘&. - :- .- - . i. .: ‘. . L s r- . - ASSESSlhENT Dr,:%AM ASSESSMENT DISTRICT 86-3 ( CYNTHIA. LANE) CITY OF CARLSBAD, CALIFORNIA - . DESCRIPTION DF WORK, LEGEND --- u8Es8mDBlmcT mJlaAm 0 ?AIK;L1 DoumuT PARtp 8lmBR lI84%-78 rr8E88oRr ruca UumR -.- DOUEITIC WATER ua -8- SEwEaLmE z nm - LsllEruw MDl1HcmcEQM~~morrrar~ _ -m8~MTQT YI r -m7M-4cTls-- om :nrr,w m-u mw- I Lt’ELz- My -- **UMI(QIL 0-a ffuuso-DoTIlcTr mnracr I ---_ wneoawrr loEoAlolW~coUm~MWarrUan ff- I . QQlsll- -ffu*reD I . 1 I 4 F c E 7 E 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 88-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REPORT AND AUTHORIZING PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has instituted proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, for the construction of certain authorized improvements in a special assessment district known and designated as ASSESSMENT DISTRICT VO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assess- nent District"); and, WHEREAS, construction of the improvements has been completed 'y the City and at this time the City Council desires to autho- rize the Notice of Filing Assessment and Time of Public Hearing 10 be given to each property owner within the above-referenced issessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are al :orrect. 1 true and SECTION 2. That the Public Hearing on the confirmation of assessments and final approval of "Report" of Engineer will be ield on April 5, 1988, at 6:00 P.M. in the Council Chambers, City Iall, 1200 Elm Avenue, Carlsbad, CA. SECTION 3. That the construction of the authorized improve- lents has been completed and the "Report" of the Superintendent )f Streets of the cost of the construction has been submitted and . 1 ; : 4 F L fz ‘i E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - is herein approved. The Superintendent of Streets is further authorized to notify the property owners within the Assessment District of the filing of the assessment and time of public hearing, said assessments to show the amount to be paid for the works of improvement, together with all incidental expenses, and showing the amount of each assessment against each lot or parcel of land assessed to pay the same. SECTION 4. This Resolution is adopted pursuant to the provisions and conditions of Sections 5881-5883 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 8th day of March , 1988, by the following vote, to wit: AYES: Council Members Kulchin, Pettine and Larson NOES: None ABSENT: Council Members Lewis and Mamaux iTTEST: SLETHA L. RAUTENKRANZ, CithClerk [SEAL) CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMgNTS ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished the notice requirements in connection with the referenced Assessment District, as noted : RECORDATION The original of the "Report" of the Engineer was recorded in the Office of the Superintendent of Streets on the 14tk day of f?pR I& , 1988. A copy of the was filed in the Office of the County Recorder, in Assessment District Maps Book 22 , Page(s) 19 , on the 29-4 day of ApQ IL , 1988, as Document No. 88 -900460 PUBLICATION (CARLSBAD JOURNAL) The NOTICE OF ASSESSMENT, pursuant to Section 6066 of the Government Code of the State of California, was published once a week for two successive weeks, with at least five days intervening between publications; said publications being of , 1988. accomplished on the 27r' day of APR 1 L , 1988, and on the 4 4-4 day POSTING A copy of the AGENDA for the meeting of April 19, 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 j5r4 day of APRIL , 1988. MAILING The NOTICE OF ASSESSMENT, pursuant to the provisions of Chapter 27 of the "Improve- ment Act of 1911", was mailed, postage prepaid, to each person owning property in the Assessment District at his last known address as it appears on the tax rolls of the City, or on file in the Office of the undersigned, or to both addresses if they are not the eame, or when no address appears, the same was mailed to the person addressed to General Delivery, which Notice also designated the property within the Assessment District belonging to each such owner and contained a statement of the amount to be assessed against the property of each owner, respectively; said mailing being accomplished on the a 1st day of APR I L , 1988. EXECUTED this ]Dt4 day of hflf , 1988, at Carlsbad, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA Carlsbad Journal Decreed A Legal Newspaper by the Superlor Court of Sun Dirqo County Mail all correspor:dence regardlng pubilc rlotlce odvertlsing to North Coast Puh1,shers. Inc. corporate offices: P 0. Box 878. Enclnitus. CA 92024 (61 9) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of The 4th California on day of May, 19#39qf.- . I --., ~ ~ Clerk of the Printer CERTIFICATE OF WMPLIA#Q WITH NOTICE REQUIREMENTS CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" - - STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, deposes and says UNDER PENALTY OF PERJURY: That during all of the times herein mentioned the undersigned was, and now is, the duly qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA. ' That on the 2 7 '' day Of , 1988, the CERTIFICATE OF PAID AND UNPAID ASSESSMENTS for the ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) was filed in my Office. That on the NO day of rud tL , 1988, pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and - Highways Code of the State of California, a Notice of Lien and Assessment was recorded in the Office of the County Recorder. Attached to said Notice of Lien and Assessment was information showing the name of each property owner, the amount of the confirmed assessment, together with a legal description setting forth in full a description of the property subject to the lien and assessment for the above- referenced Assessment District. EXECUTED this 3an day of TU r~ , 1988, at Carlsbad, California. CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA d .- CERTIFICATB OF PAID Am) UNPAID ASSESSXBWl'S WHEREAS, a "Report" of the Engineer was confirmed by the legislative body of the CITY OF CARLSBAD, CALIFORNIA, in accordance with law, for the .work, improvements, appurtenances and acquisitions, where necessary, in a special asseesment district known and deeignated a6 ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE), pursuant to the terms and provision8 of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California. WHEREAS, notice of assessment and of the time and place where and within which said assessmenta were to be paid has been duly given in the time and form provided by law, and certain of said assessments have been paid in whole or in part. NOW , THEREFORE , I, the undersigned Treasurer , am collection officer , do hereby CERTIFY that the lists hereinafter set forth are true, correct and complete lists of all aemesements paid and unpaid upon said assessment, and are hereby made and filed by me according to law, and said lists, with respective assessment and diagram numbers of the lots or parcels of land assessed, and the amounts paid or unpaid thereon, are as eet forth on the attached list, marked Exhibit "A" and by reference incorporated herein. The total or aggregate amount of assessments which are unpaid is the sum of $ 181.856.71 I, the undersigned, hereby certify that the list of paid and unpaid assessments, attached hereto, marked Exhibit "A", and by reference incorporated herein, was filed in my Office on the 27th day of May , 1988. CITY OF CARLSBAD STATE OF CALIFORNIA