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MTG. 08/08/09 ASSESSMENT DISTRICT NO 86-4
(PARK DRIVE) DEPT. A*D* PUBLIC HEARING CONFIRMING ASSESSMENTS CIT
RECOM MEN1 DED ACTION:
Adopt Resolution No. fiq confirming the "Report" of the Superintendent of S
levying assessments in Chapter 27 proceedings.
ITEM MPMNATION:
The purpose of the public hearing is to allow the property owners to have input
construction cost and the assessment amount as contained in the "Repor
Superiniendent of Streets. If Council finds the assessed amounts to be correct, thi
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 bon
sold and they will pay off the assessment over a period of approximately ten yee
On May 20, 1986, Council held a public hearing and directed the City Engineer to
street improvements along the frontages of seven lots on Park Drive. Four of th
proceeded to construct the improvements themselves and thus, will not be asses!
City constructed the improvements along the remaining three lots.
At that same meeting, the City Council agreed to contribute funds for the design,
and for one half the street lights. The reason for the latter is that extra street lights
in to make up for the lack of lights on the opposite side of the street.
Additionally, at the meeting of May 20, 1986, Council granted a variance to allow a
wall to be located at the back of sidewalk instead of on the right-of-way line. Thii
the wall to be reduced in height by two feet at a savings to the property
approximately $6,600.
Mr. Spangler, who originally owned all three lots to be assessed, has requested a I
in the assessments on his property. His reasons are that, as a condition of his
Permit he was required to dedicate a large portion of the property as open SF
dedicate access rights to Park Drive except for driveways. He also states that Par1
a collecior street, others park in the widened area and siltation of the lagoon k
reduced as reasons why others should share in the cost. His letter is attached as I
Staff's response is to recommend Council deny the request for reduction of assess1
the following reasons:
1. Street improvements were a condition of development. Mr. Spangler r(
and received approval of a minor subdivision, MS 533, enabling him.
three residential lots. As one of the conditions, he was required
street improvements along the frontage of these lots. This is a 1
condition and a very reasonable requirement of development.
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PAGETWOAB# 16, f gg
2. Mr. Spanqler has alreadv received significant concessions. At the tit
public hearing on May 20, 1986, Mr. Spangler requested a reductil
costs of the district. Council responded by directing City contribul
a variance as outlined above resulting in the following cost savin!
property owners in the district:
Original Cost: $97,068.1 7
Total Project Cost: $90,468.1 7
Assessed Amount: $65,246.03
Cash Amount: $60,539.35
Wall Savings: -6,600.00
City Contributions: -25,222.1 4
Bonding Costs: -4,706.68
Mr. Spangler has indicated he will pay the assessment in cash, thi
bonding cost as well.
Mr. SDangler has full development rights on all three lots. The Coasi
restrictions of open space and access rights are only for the p~
locating the dwellings, driveways and grading. Each of the thre
developable and has access.
Mr. Spangler has met with staff and discussed this and he has bec
staff's recommendation.
3.
FISCAL IMPACT:
Details of the costs have been outlined above and are contained in the Engineer'
Design and construction costs have been paid by the City. Upon confirmation of tt
the City will be reimbursed in the amount of $60,539.35.
EXHIBITS:
1. Location map.
2. Order of Procedure
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7.
"Report" of the Superintendent of Streets.
Certificate of Compliance with Notice Requirements.
Letter dated December 5, 1988 from Mr. Spangler.
Letter dated December 8, 1988 in response.
Resolution No. %< - 'Lgg confirming the "Report" of the Superintendent of Sti
levying assessments in Chapter 27 proceedings.
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IMPROVEMENTS
N$#$$$ OWNERS TO BE ASSESSED
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ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE
DATE OF PUBLIC HEARING: AUGUST 8, 1989
PUBLIC HEARING HEARING REQUIRED PURSUANT TO THE "IMPROVEMENT ACT OF
FOR CONSIDERATION: (CHAPTER 27)
MAYOR : Announce that this is the time and place fixed for the
hearing on protests or objections to the Engineer's "Repor
all other matters relating to the assessment district designa
ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE).
CITY CLERK: Announce that notice of Hearing has been given in the mann
form as required by law, and that the appropriate Certific
Compliance is on file. Notice was given in the following manr
- Posting on property - Mailing Notice to property owners
STAFF : - Explain purpose, scope and order of procedure for Public
Hearing. - Explain general nature, location and extent of the proposec
works of improvement and boundaries of the Assessment Dist: - Present and summarize "Report" pursuant to the provisons o
Chapter 27 of the "Improvement Act of 1911", consisting of
f ol lowing :
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 4
announce that copies have been delivered to each member of
legislative body.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
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ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
PAGE TWO
DATE OF PUBLIC HEARING: AUGUST 8, 1989
MAY OR : 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.
CITY COUNCIL: Discussion.
MAY OR : Declare Public Hearing CLOSED.
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
CITY COUNCIL: Adopt RESOLUTION APPROVING "REPORT" AND CONFIRMING ASSESS
This Resolution approves the "Report" of the Engineer and
the assessment.
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AGENCY: CITY OF CARLSBAD
PROJECT ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
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 CALIFORh
has initiated proceedings pursuant to the provisions of Chapter 27 of the "Impi
ement Act of 1911", commencing with Section 5870 of the Streets and High.
Code of the State of California, for the installation and construction of cer
works of improvement, together with appurtenances, in a special assessment dist
said assessment district known and designated as ASSESSMENT DISTRICT 1
86-4 (PARK DRIVE) (hereinafter referred to as the "Assessment District")
WHEREAS, the property owners were noticed in the manner and form
authorized by law, and a public hearing was held and the property owners did
commence the construction within the sixty (60) day period, as authorized
required by law; and,
WHEREAS, the City did then authorize the construction and installation of
works of improvement, and upon completion of the construction, and the designs
Superintendent of Streets has prepared the necessary "Report" setting forth the f
costs of construction and installation, including incidental expenses, and a descripi
of all property benefitted from the works of improvement and to be asses
therefor; and
WHEREAS, the City also authorized the issuance of serial bonds in accordance i
Division 7 of the Streets and Highways Code ("Improvement Act of 1911")
represent each assessment of One Hundred Fifty Dollars ($150.00) or m
remaining unpaid for thirty (30) days after the date of recordation of the diagi
and assessment for this improvement. The serial bond shall extend over a pel
not to exceed NINE (9) YEARS from the second day of January next succeec
the next September 1st following their date. The interest rate on said bonds s
not exceed the current legal maximum rate of 12% per annum. Said bonds, u
redemption, shall provide a legal maximum rate of 12% per annum. Said bo1
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upon redemption, shall provide a premium of five percent (5%) on the unmatu
principal, and the first two percent (2%) collected as a delinquency shall be retai
by the Treasurer as a cost for servicing the delinquency.
I, the appointed SUPERINTENDENT OF STREETS, submit herewith the follov
"Report" for approval and final confirmation, and do hereby set forth the total c
and expenses of the improvements and assess said costs against the parcels wi
the boundaries of the Assessment District in direct proportion to the bent
received.
The costs to be assessed are set forth as follows with a detailed breakdown on
following pages:
V 0
I. CONSTRUCTION $62,08
28,38
111. TOTAL CONSTRUCTION AND INCIDENTAL EXPENSES 90,46
IV. CONTRIBUTION 25,22
V. BALANCE TO ASSESSMENT 65,24
11. INCIDENTAL EXPENSES
The parcels and properties to be assessed are generally set forth as follows:
ASSESSMENT TAX CODE AMOUNT OF
NUMBER PARCEL ASSESSMENT
1 207-100-54 $ 4,511.55
2 207- 100-55 4,511.55
3 207- 100-56 56,222.93
4 207-360-28 0.00
5 207-360-30 0.00
6 207-360-37 0.00
7 207-360-35 0.00
8 207-360-36 0.00
The district costs have been spread to each parcel in relation to the ben
received. This has been based on the front footage of each parcel in accord:
with previous presentations to the City Council.
The five parcels receiving a zero assessment have exercised their option to cons1
the improvement themselves and thus the City's contractor did not complete
work along those parcels. The City Council previously agreed to absorb the de
cost and also agreed to pay for half the street lights. A portion of the cos
prepare the plans was also related to the adjacent City improvement project. '
cost ($25,222.14) has been shown as a City contribution to the district.
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CITY OF CARLSBAD
PARK DRMZ
ASSESSMENT DISTRICT 86-4
Final Construction Costs:
1. Clear & grub $ 1,89
2. Unclassified excavation 7,45
3. Aggregate base 5,69
4. A.C. pavement 6,08
5. A.C. overlay 40
6. Curb & gutter 6,19
7. PCC curb & gutter 3,51
8. Type 'J' retaining wall 15,041
9. Street light 12,00(
11. 2-way yellow RPM 19:
12. Street survey monument 201
13. Additional lift A.C. 1,02
10. Yellow traffic stripe 1,26'
14. Fog seal 1.13
$62,08
Incidental Costs:
Design $15,05:
Soils Report 36:
Assessment Engineer 5,001
Construction Management 1,411
Material Testing 501
Bond Discount (4%) 2,701.
Bond Counsel (2%) 1.35:
$28,381
Bond Servicing 2,001
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N.61
This 'Report" is hereby prepared, submitted and fled with the City Clerk on the 3
day of JULY 3 1989.
SUPE!R"DmOFSI'REE
ClTY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBk
CALIFORNIA, do hereby cew that the foregoing Assessment, together with the Diag
attached thereto, was filed in my office on the , 1989. -z 7 -th day of \I UL y
u;;P. Q*
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORE
I, ALETHA RAUTENKRANZ, as CITY CLERK
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Dia
attached thereto, was confirmed by the CITY COUNCIL, of said City on the k"
day of &LL~~~-- , 1989.
of the CITY OF CARLSBl
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CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORI!
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CERTIFICATE OF COMPLIANCE
ASSESSMENT DISTRICT NO. 86-4
(PARK DRIVE)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, hereby CERTIFIES that the under
is the duly qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIP
Acting in my official capacity, I gave notice of the public hearing to be h
connection with a special assessment district known and designated as ASSE
DISTRICT NO. 86-4 (PARK DRIVE) (hereinafter referred to as the ''ASSE
District") in the following manner:
1. Personal service was made on the property owners on the - day of -
1989.
OR, IN THE ALTERNATIVE,
I\ A copy of said Notice was mailed, postage prepaid, on the dsr day of ;lc(l
1989, to the person in possession of said property or to the owner ther
his last known address as the same appears on the last equalized assessm
the County, or as their names and addresses are known to me. A copy o
Notice is attached hereto,
2, A copy of said Notice, printed on a card not less than eight (8) inches
(10) inches in size, was posted in a conspicuous place on the property
&,TI. day of J-uL~ , 1989.
3. A copy of the AGENDA for the meeting of July 11, 1989, setting forth a q
description of the proposed actions and the time and place of the meetin
posted in a location freely accessible to the general public at least 72
before the time set for said meeting; said posting being accomplished 1 7+'" day of Tu'y , 1989.
, 1989, at Carlsbad, California c 4-4 EXECUTED this 1 day of ('$!.u& d
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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,, Mayor and City Council
City of Carlsbad,
1200 Eh Avenue,
Carlsbad, California 92008
-<,
5 December, 1988
Dear Pfayor and City Council:
This is a request for a reduction in the front footage for assessment in ti
Park Drive Assessment disxict for the following reasons:
1. In order to get the grading plan approved, over 60% of the a:
was required to ce declared and dedicated as open space.
The city required deeding to the city of all access rights ti
the property with the exception of the 20 foot driveway.
Park &ive is a collector road and the cost should be born b:
the entire area.
'The road widening was of much greater benefit to the apartmei
across the street wan it was for my property. (Ln less thai
there were trucks and cars being jacked up and repaired on tl
newly paved section of the street.)
The lagoon siltation problem wts reduced by the road inprovei
which also is of no benefit to my property.
2.
3.
4.
5.
I therefore kindly request a reduction for the purposes of the Park Drive
Assessment district to 222 feet wnich is the actual frontage of the two lr
I was permitted to develop on the property.
Thank you for your kind consideration.
Sincerely,
1b.y pa gl r
PS. I intend to pay the assessment bc
it goes out to Bond.
%fM
!P& Raymond Go jpangler 3774 Skyline Road,
Carlsbad, CA 92008
(Sly) 725-2001 EXHll
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2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 920094659 (E
Office of the City Engineer
MitQ of Marlsbnb
December 8, 1988
Mr. Raymond G. Spangler
3774 Skyline Road
Carlsbad, CA 92008
PARK DRIVE ASSESSMENT DISTRICT
Your letter of December 5, 1988 to the Mayor and City Council
has been received.
Your request for a reduction in assessment will be considered as
part of the Engineer's Report on final assessment district costs. This
will be presented at a public hearing at the City Council approximately two months after the completion of construction.
You will be mailed a notice of the public hearing and I will send
you a copy of the report before the hearing.
RICHARD W#& H. ALLEN, JR. f!-
City Assessment Engineer
RHA:pm
cc: City Manager
City Engineer
EXHIBI'
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD , CALIFORNIA, APPROVING "REPORT" ON
COST OF CONSTRUCTION AND CONFIRMING ASSESSMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CAR
CALIFORNIAf pursuant to the provisions of Chapter 27,
Article 2 of Part 3 of Division 7 of the Streets and H.
Code of the State of California (the "Improvement Act of :
has authorized that certain works of improvement sh
constructed and installed in front of certain privately
properties in what is known and designated as 86-4 (PARK
(hereinafter referred to as the "Assessment District"); an
WHEREAS, at this time all construction of the wc
improvement has been completed pursuant to proceedings
Chapter 27 of the "Improvement Act of 1911", and notice
final cost of construction, together with the date, ti
place for public hearing, has been given in the manner ai
as authorized by law; and,
WHEREAS, all property owners and/or other ints
persons have had an opportunity to be heard and present
mony as it relates to the completion of the construction
the manner and apportionment of the final spread of the
ments; and,
WHEREAS, this legislative body is now satisfied w
final "Report" of the Engineer as submitted, and is re
desirous to proceed to approve said "Report" and conf
assessments.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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SECTION 1. That the above recitals are all trL
correct.
SECTION 2. That all protests and objections of any k
received are hereby overruled and denied.
SECTION 3. That all proceedings heretofore con
pursuant to Chapter 27 of the “Improvement Act of 1911” fl
construction of certain improvements in the Assessment Di
have been conducted in the form and manner required by la1
are herewith confirmed and approved.
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SECTION 4. That the ”Report” of the Engineer, as re
corrected or modified, is herewith approved and confirmed.
SECTION 5. That the cost of construction of the wo
improvement, including all incidental costs and financing
is hereby confirmed and assessed against the parcels of pr
benefited and fronting upon the improvements so constructe
as set forth in the “Report” of the Engineer, as submitte
said “Report“ as submitted, is hereby incorporated herc
reference as though fully set forth.
SECTION 6. That all such costs so assessed, if not
shall constitute a special assessment against the resg
parcels of property involved from the recordation of NOT
LIEN AND ASSESSMENT, which lien shall continue until the i
ments and all interest thereon have been paid and t
discharged.
SECTION 7. That as previously authorized, serial
shall be issued in accordance with Division 7 of the Stree
Highways Code of the State of California (“Improvement
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1911") to represent each assessment of $150.00 or more relr
unpaid for thirty (30) days after the date of the confir
of the "Report" of the Engineer. The serial bonds shall
over a period of not to exceed NINE (9) YEARS from the 2
of January next succeeding the next September 1st after
date.
SECTION 8. That this legislative body further ele
provide that said bonds, upon redemption, shall pro
premium of five percent (5%) on the unmatured principa
said language shall be added to the redemption clause
bond form to require the property owner to pay said prem
order to discharge the obligation of the lien. This legis
body further elects and declares that the first two percer
collected as a delinquency shall be retained as a co
servicing the delinquency, and the bond shall so delcar
said penalty shall be retained by the Treasurer.
SECTION 9. That immediately upon the conclusion
public hearing and the confirmation of the "Report", th
Clerk shall cause the following notice requirements to
and accomplished:
A. Mail to each owner of real property
the Assessment District a NOTICE OF ASSESSMENT contai
designation and description of the property, the amount
assessment, the time and place of payment thereof, and a
ment that if assessments are not discharged, bonds sh
issued pursuant to the provisions of the "Improvement
1911" to represent unpaid assessments.
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B. Publish in the designated newsp
NOTICE OF ASSESSMENT, said publication being once a week f
(2) successive weeks; said NOTICE indicating the time anc
for payment and that bonds will be issued to represent
assessments.
C. File in the Office of the County Rt
a certified copy of the assessment diagram in the fc
manner as authorized by Section 3114 of the Streets and H
Code of the State of California.
SECTION 10. Upon the completion of the 30-day cash
tion period and the filing of the Certificate of Paid and
Assessments, the City Clerk shall record in the Office
County Recorder the NOTICE OF LIEN AND ASSESSMENT as aut
by Section 5895.1 and Section 3114 of the Streets and H
Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the 8th
Of August , 1989, by the following vote, to
AYES: Council Members Lewis, Kulchin, and Mamaux
NOES: None
ABSENT: Council Members Pettin
ATTEST:
ALETHA L. RACt-iky Clerk
(SEAL)
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