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HomeMy WebLinkAbout96-88 - Establish Assessment District No. 96-1 (Shalimar Drive Alleys)RESOLUTION NO. - 8 F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING ITS INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS AND ESTABLISH ASSESSMENT DISTRICT NO. 96-1 (SHALIMAR DRIVE ALLEYS). THE CITY COUNCIL OF THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. Intention. The public interest, convenience, and necessity require, and that it intends to order, the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof. 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 12, of the Streets and Highways Code of California (the "Act"). 3. Nature and Location of and Grades for Improvements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions, and materials, and at the lines, grades, and elevations, as shown and provided. There is to be excepted from the work above described any of such work already done to line and grade and mark excepted, or shown not to be done on the plans, profiles, and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on the plans to be done herein. The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County of Orange, State of California, and shall be shown upon the plans. 4. Change of Grade. Notice is hereby given of the fact that in many cases, the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades. 5. Work on Private Property. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property, and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 6. Official Grades. The City Council ("Council") does hereby adopt and establish as the official grades for the work, the grades and elevations to be shown upon the plans, profiles, and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Costa Mesa ("City"). 7. Descriptions - General. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 8. Special Benefit and Boundary Map. The contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 9. Public Property Exempt. This Council declares that all public streets, highways, lanes, and alleys within the assessment district in use in the performance of a public function, and all lands owned by any public entity, including the United States and the State of California, or any departments thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of the acquisitions and improvements. 10. Engineer's Report. The acquisitions and improvements are hereby referred to Berryman & Henigar as the Engineer of Work for this assessment district (the "Engineer of Work"), and the Engineer of Work is hereby directed to make and file with the City Clerk a report in writing presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements if the improvements are not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the Engineer's Report as a combined document. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements. (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of registering bonds. (e) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: 1. The exterior boundaries of the assessment district. 2. The boundaries of any zones within the district. 3. The lines and dimensions of each parcel of land within the district. Each subdivision shall be given a separate number upon the diagram. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case, those maps shall govern for all details concerning the lines and dimensions of the parcels. (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. In the case of an assessment for installation of planned local drainage facilities which are financed, in whole or in part, pursuant to Section 66483 of the California Government Code, the assessment levied against each parcel of subdivided land may be levied on the basis of the proportionate storm water runoff from each parcel. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). (g) A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by this City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 11. Use of Surplus. If any excess shall be realized from the assessment, it shall be used in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purposes: (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1,000.00 or five percent (5%) of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds, or both; or (c) For the maintenance of the improvements. 12. Contact Person. Ernesto Munoz, Assistant Engineer to the City, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 77 Fair Drive, Costa Mesa, CA 92626, or by calling (714) 754-5173. 13. Contracts With Others. To the extent that any of the work, rights, improvements, and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works, or systems of, or are to be owned, managed, and controlled by any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100 of the Act), which agreement may provide for, among other matters, the ownership, operation, and maintenance by such agency or utility of the works, rights, improvements, and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements, and acquisitions by such agency or utility in accordance with its rates, rules, and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds, and funds are available to carry out the terms of any such agreement. 14. Requirements of Division 4. Notice is hereby given that it is the intention of this Council to comply with the requirements of Division 4 of the California Streets and Highways Code by proceeding under Part 7.5 of Division 4. To that end, the Engineer's Report, to be made as provided in this Resolution, shall include the following: (a) The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under Division 4 against the total area proposed to be assessed. (b) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed in these proceedings. 15. Improvements Bonds. Notice is hereby given that serial and/or term improvement bonds to represent unpaid assessments, and bear interest at a rate not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code ("Bond Law"), the last installment of which bonds shall mature not to exceed thirty-nine (39) years from the second day of September next succeeding twelve months from their date. The provisions of Part 11.1 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law. It is the intention of the City that the City will not obligate itself to advance available funds from the treasury of the City to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that a determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. 16. Refunding of Bonds. The bonds may be refunded pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Council that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the assessments to be given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. Any adjustment to assessments resulting from the refunding will be done on a pro rata basis. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500), of the California Streets and Highways Code, except that, if, following the filing of the Engineer's Report specified in Section 8523 and any subsequent modifications of the Engineer's Report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustment to the assessments are on a pro rata basis, the Council may approve and confirm the Engineer's Report and may without further proceedings authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the California Streets and Highways Code. 17. No Private Contract. Notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and, therefore, that pursuant to Section 10487 of the California Public Contract Code, no notice of award of contract shall be published. 18. No Decision Regarding Eminent Domain. At this time, the City has not engaged in any attempts to obtain the properties located in the assessment district by eminent domain. The City may decide to proceed with the assessment district described in this Resolution irrespective of its decision regarding the potential acquisition of portions of the properties in the assessment district by eminent domain. PASSED AND ADOPTED this 16th day of September, 1996. ATTEST: Deputy City 6 lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) May Iq f the City of Costa Mesa A PROVED AS TO FORM G -I(' CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 9L - 68' was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 16th day of September, 1996, by the following roll call vote: AYES: C 0- '1 eKSonJI au GFAI A4,0RAJ 2UC/1LE, CCA/5 NOES: N.D �j P= - ABSENT: ABSENT: mDNa If.4n) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of September, 1996. Deputy Cit Clerk and ex -officio Clerk of the City Cdt4ncil of the City of Costa Mesa CITY OF COSTA MESA ASSESSMENT DISTRICT NO. 96-1 (SHALIMAR DRIVE ALLEYS) The proposed works of improvements are the reconstruction and rehabilitation of privately -owned alleys, which will be acquired by the City and made public prior to the start of construction, and which are adjacent to Shalimar Drive, at the following locations: • Shalimar Drive South Alley No. 1, between Wallace Avenue and Placentia Avenue; • Shalimar Drive North Alley No. 2, between Placentia Avenue and Wallace Avenue; • Shalimar Drive North Alley No. 3, between Wallace Avenue and approximately 300 ft. west of Wallace Avenue The proposed work of improvements are generally described as follows: 1. Removals: The removal of existing facilities, including asphalt and concrete pavement, carports, planters, curbs, driveways, appurtenances and appurtenant work within the proposed easement. 2. Alley Improvements: The construction, installation and reconstruction of alleyway improvements, including excavation, grading, asphalt concrete pavement, PCC pavement, curbs, gutters, driveways, striping for parking, fences, appurtenances and appurtenant work. The construction, installation, modification and reconstruction of drainage improvements, including alley gutters, parkway drains, catch basins, appurtenances and appurtenant work. The acquisition of all rights-of-way required to make the alleyways public.