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HomeMy WebLinkAbout1989-08-08; City Council; 10188; ASSESSMENT DISTRICT NO 86-4 PARK DRIVE PUBLIC HEARING CONFIRMING ASSESSMENTS0 W => 0 9= a 2 .. 2 0 F 0 4 d 0 z 3 0 0 2' ClQD F CARLSBAD - AGENW ILL p k\*/ DE[ CIT /fi [6$7 AB#L- TITLE: 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. 0 e 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 $60,539.35. EXHIBITS: 1. Location map. 2. Order of Procedure 3. 4. 5. 6. 7. "Report" of the Superintendent of Streets. Certificate of Compliance with Notice Requirements. Letter dated December 5, 1988 from Mr. Spangler. Letter dated December 8, 1988 in response. Resolution No. %< - 'Lgg confirming the "Report" of the Superintendent of Sti levying assessments in Chapter 27 proceedings. W * IMPROVEMENTS N$#$$$ OWNERS TO BE ASSESSED WCmMAJ N. 1. S. c @ @ 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 - * W 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. *** e JN:6 W 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 EXk 1 JN: 6 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. 2 V 0 JN:f 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 3 W e 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 *!!I CITY CLERK CITY OF CARLSBAD STATE OF CALIFORI! 4 w e 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 m * -- -3 ,, 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 W 8 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' m L RESOLUTION NO. 89-288 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 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: m 1 2 3 4 5 6 7 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. a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 r 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 0 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. r 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rn 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) -2 c 1