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HomeMy WebLinkAbout79-77 - Intention to Order Construction, Bond Issuance, Proposed Assessment District 79-01, South Coast DriveRESOLUTION NO. 79-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN PROPOSED ASSESS- MENT DISTRICT NO. 79-01 (SOUTH COAST DRIVE), PURSUANT TO THE PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF COSTA MESA STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it istie intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913") to order the constuction of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 79-01 (SOUTH COAST DRIVE) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENT A. The construction of certain public works of improvement, together with appurtenances and appurtenant work in connection therewith, in certain public streets and rights-of-way in the Assessment District, and for further particulars, reference is hereby made to Exhibit "A" attached hereto, incorporated and so referenced. For further particulars, reference is hereby made to a map of said Assessment District previously adopted by this body and on file in the Office of the City Clerk. B. Said streets and highways are more particularly shown in the records in the Office of the County Recorder and shall be shown upon the plans herein referred to and to be filed with these proceedings. C. All of said 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 eleva- tions as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the 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 as contained in the Engineer's Report shall be controlling as to the correct and detailed description thereof. E. 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 shall be shown on the plans to be done therein. F. Notice is hereby given of the fact that in many cases said work and improvement will be the finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work is of direct benefit to the properties and land within the Assessment District and the City Council of this City hereby makes the expenses of said work and improve- ment chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs, and which is described as follows: All that certain territory situated in the CITY OF COSTA MESA included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 79-01 (SOUTH COAST DRIVE) and which said map was heretofore approved and which said map or diagram is on file in the Office of the City Clerk, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of the said Assessment District, the said plat and proposed boundary map on file shall govern. REPORT OF ENGINEER *ft-- SECTION 3. That this proposed improvement is hereby referred to BRUCE MATTERN, CITY ENGINEER AND THE APPOINTED SUPERINTENDENT OF STREETS, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of assessable cost and expense of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be constructed under these proceedings and acquisition, where necessary. When any portion or percentage of the cost and expenses of the improve- ments 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 said work and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS SECTION 4. That it is hereby determined and declared that serial bondssh�Fe issued 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 assess- ment for this improvement and acquisition. The serial bonds shall extend over a period of fourteen (14) years from the second day of January next succeeding the next September Ist following their date. The interest rate on said bonds shall not exceed Eight Percent (8%) per annum. The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1st following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable on each fifteenth of April and October, the last interest payment coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the City Treasurer is hereby designated as the officer of said City to collect and receive the assessments, during the cash collection period. Said bonds further shall be serviced and collected by the City Treasurer. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assess- ment, it shall be used, in such amounts as the City Council may deter- mine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund of the City; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000) or five percent (5%) of the total amount expended from the Improvement Fund; B. As a credit upon the assessment and any supplemental assess- ment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. That the legislative body hereby establishes a special fund designated "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 79-01 (SOUTH COAST DRIVE)" into which funds may be transferred at any time to expedite the making of the improvement herein authorized and said funds are a loan and shall be repaid out of the proceeds of the sale of assessments as authorized by law. w PRIVATE CONTRACT SECTION 8. Notice is hereby given that, in the opinion of the City Council, the public interest will not be served by the allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code of the State of California, no notice of award of contract shall be published. GRADES SECTION 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grades may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications for a description of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these pro- ceedings, including information relating to protest, procedure, all notices, resolutions, affidavits and/or certificates, your attention is directed to the below designated person at the agency or department indicated: Bond Counsel City Manager F. Mackenzie Brown Fred Sorsabal 1600 Dove Street, Suite 110 Post Office Box 1200 Newport Beach, CA 92660 Costa Mesa, CA 92626 (714) 752-9025 (714) 754-5327 UTILITY UNDERGROUNDING SECTION 11. Notice is hereby further given that the City Council does intend to enter into contracts for the undergrounding of certain communication and electrical facilities with THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY; THE SOUTHERN CALIFORNIA EDISON COMPANY pursuant to the provisions of Section 10110 of the Streets and Highways Code of the State of California. The underground electrical and commu- nication facilities shall be under the ownership and control of the above -referenced utility companies, and the properties to be assessed for said improvements are within the service area of the respective utility companies. At the time and place fixed for the Public Hearing on the Engineer's Report, and the Resolution of Intention, any and all persons having any objections to the respective utility contracts should appear and show cause why the proceedings and undergrounding work should not be carried out in accordance with this Resolution of Intention. PETITION SECTION 12. That a Petition signed by property owners of more than sixty percent 60%) in area of the property subject to assessment for said improvements, has been signed and filed with the City Clerk, and said Petition expressly contains a Waiver of any of the proceedings set forth under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931." BOND REDEMPTION AND DELINQUENCY SECTION 13. The legislative body hereby further elects to provide that said 6onds, upon redemption, shall provide a premium of five percent (5q) on the unmatured principal, and this language shall be added to the redemption clause in the bond form to thus require the property owner to pay the redemption premium in order to discharge the e , obligation of the assessment lien. This legislative body further elects and declares to have the Treasurer retain the first one percent (1%) penalty as a cost of servicing the delinquency and the bond further shall declare that the one percent (1%) penalty imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid to the holder of the bond. APPROVED and ADOPTED this 28th day of June, 1979. Mayor of the City of Costa 'Me'sa ATTEST: 5L, .0.0 " '&- -1 City Clerk of the City of Cos y Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, 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. 79-77 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 28th day of June, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 29th day of June, 1979. &�� R "Clerkf Cit Clerk and ex -officio the the City Council of the City of Co a 1 Description of Work STREETS South Coast Drive will be constructed as a divided roadway from Harbor Boulevard to Fairview Road. Twenty-eight (28) feet of pavement each direction will be utilized for two lanes of traffic plus a bicycle path five feet in width. A curbed median will be constructed to provide an irrigated, landscaped area and protected left -turn pockets for access to the adjacent properties and future streets. As South Coast Drive approaches Fairview Road, the pavement width widens to thirty-nine (39) feet each direction to provide additional right -turn lanes at the intersection. Catch basins and reinforced concrete drainage pipes will be constructed across South Coast Drive at three locations to take storm water runoff from the roadway into the adjacent Greenville -Banning Flood Control Channel. Street construction will also include the installation of sidewalks along the northerly side of South Coast Drive for the entire length of the project together with sidewalks on the southerly side from Fairview Road westerly approximately to the flood control channel. Harbor Boulevard. Within Harbor Boulevard the existing median for southbound traffic will be modified to provide a double left -turn pocket for traffic turning easterly into South Coast Drive. This proposed modification of the existing median also includes the construction of patterned concrete paving within the median area. Fairview Road. The existing median within Fairview Road will also be modified to provide northbound traffic with a double left -turn pocket for turns westerly into South Coast Drive. As presently provided, an opening has been left in the turn pocket to provide left -turn access into the property at the southwest corner of Fairview Road and South Coast Drive. Again, the new median is surfaced with stamped, patterned `—' concrete for beautification purposes. TRAFFIC SIGNALS A traffic signal and conduit for inner -connect will be constructed at South Coast Drive and Fairview Road. This signal will permit safe movement of traffic through the intersection as well as provide pro- tected left -turn movements at the intersection. The existing traffic signal at Harbor Boulevard and South Coast Drive will also be modified to provide for the new movements being created at this intersection. TRAFFIC SIGNING AND STRIPING Traffic signing and striping will be provided throughout the length of the project on South Coast Drive as well as on Harbor Boulevard and Fairview Road at the intersections. This signing and striping will assist in the safe and orderly movement of traffic throughout the project. WATER SYSTEM !dater facilities will be installed throughout the length of South Coast Drive connecting with existing twelve -inch diameter lines in both Harbor Boulevard and Fairview Road to provide a "looped" system. This line, complete with fire hydrants, will provide a water supply for the future development of property in the area. RAILROAD CROSSING A temporary crossing will be constructed at a point approximately 1,200 feet easterly of Harbor Boulevard, and necessary crossing protec- tion will be provided on a temporary basis by railway company personnel acting as flagmen for each train movement. EXHIBIT "A" for Resolution No. 79-77 Page I of 2 EDISON AND TELEPHONE FACILITIES Underground conduits are being installed within South Coast Drive for the installation of conductors and communication equipment by the Southern California Edison and Pacific Telephone Companies. The Assessment District contractor will be installing various ducts, vaults, conduits, and associated facilities for use by the utility companies. The Southern California Edison Company will be installing conductors, transformers, and associated equipment within the duct work constructed by the Assessment District contractor in South Coast Drive. In addi- tion, the Edison Company will be constructing street light bases and installing Marblelite poles for all street lighting on the project. The Southern California Edison Company will also be removing the exist- ing overhead electrical facilities adjacent to the west side of Fairview Road from the 405 -San Diego Freeway northerly to Sunflower Avenue. These 12 KV facilities will be placed underground, with that portion from South Coast Drive to Sunflower Avenue financed by a property owner contribution to the District. In addition to the work described above, the Southern California Edison Company will be removing an overhead 66 KV transmission line and replacing it with underground facilities from the San Diego Freeway right-of-way northerly to the north side of the Greenville -Banning Channel and following the Channel northeasterly to Sunflower Avenue. This work is approximately 1,350 feet westerly of Fairview Road. STORM DRAIN FACILITIES In addition to the storm drain facilities previously described, a reinforced concrete box will be constructed within the Greenville - Banning Channel approximately 845 feet easterly of Harbor Boulevard to provide access into property south of the Channel. A second reinforced --� concrete box structure approximately 1,800 feet easterly of Harbor Boulevard will be constructed to carry South Coast Drive across the Greenville -Banning Channel. Both structures will include upstream and downstream channel transitions and will be compatible with the ultimate development of the entire channel by the Flood Control District at some later date. Additional drainage facilities are also proposed for con- struction at South Coast Drive and Fairview Road and at South Coast Drive and Harbor Boulevard. These facilities will connect into the existing drainage systems at those locations. 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