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Home My WebLink About1997-06-10; City Council; Resolution 97-4865 0 0 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. 97-486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER’S REPORT, INCLUDING APPROVAL OF THE MAP ESTABLISHING AREA OF BENEFIT, DECLARING THE CITY’S INTENTION TO FORM A DISTRICT AND SETTING TIME AND PLACE FOR A PUBLIC HEARING ON THE FORMATION OF BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE). WHEREAS, the City Council of the City of Carlsbad, California, is considerin formation of a bridge and thoroughfare district, as authorized under Section 66484 ( Government Code of the State of California, and specifically as authorized by S 20.08.140 of the Municipal Code of the City of Carlsbad; said district to be known designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (A\ PARKWAY-POINSETTIA LANE), hereinafter referred to as the “District”; and WHEREAS, the imposition of a Bridge and Thoroughfare fee is not subjt Article Xlll D of the California Constitution; and WHEREAS, at this time there has also been submitted a “Report” of the Enginee “Report” generally setting forth the following: A. Boundary map of area of benefit; 6. Description of proposed public facilities; C. Estimate of cost for said facilities; D. Method and apportionment for distribution of costs based upon benefits re from the proposed public facilities; and WHEREAS, at this time this legislative body is now ready to preliminarily appro “Report‘ as submitted by the Engineer and proceed to set a time and place for a public t on said District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS ~ SECTION 1. That the above recitals are all true and correct. Ill e 0 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 IMPROVEMENTS SECTION 2. That this City Council does hereby declare its intention to proce authorize the formation of a bridge and thoroughfare district for the purpose of financing cl of the costs and expenses relating to major public improvements in said District. A gc description of the facilities to be funded is as follows: The construction of major thoroughfare arterial street improvements in AL PARKWAY from POINSETTIA LANE to PALOMAR AIRPORT ROAD and in POINSI LANE from AVIARA PARKWAY to EL CAMINO REAL. The works of improvement will ir full width grading of the roadway, paved road surface for two lanes (18 foot paved secti each side of median for a total of 36 feet paved section), transition pavement section at intersections, median curbs, outside asphalt berms, street drainage facilities (with the exc that drainage facilities in Aviara Parkway which are included in the City’s Drainage Fee Prc have been deleted), culverts, temporary drainage in parkway, design, contract administ1 fee administration, construction inspection, construction engineering, mitigation measure land acquisition. “REPORT” SECTION 3. The “Report”, as submitted by the Engineer, is hereby prelir approved and adopted by this City Council and shall be kept on file in the Office of th Clerk and remain open for public inspection. “MAP” SECTION 4. That a map of the District, showing the boundaries and area of bel the proposed District and lands and property to be charged to pay the costs and exper the proposed improvements designated as “PROPOSED BOUNDARIES OF BRIDGE THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE)” is inch Exhibit “C” to the Report, and the same is hereby approved and adopted. Ill Ill 0 e 1 COST ESTIMATE 2 represents a fair method of allocation of the costs to the area of benefit. The estimated c( 4 total estimated costs for the proposed works of improvement, and the method of fee alloc 3 SECTION 5. The cost estimate, as set forth in the "Report" of the Engineer, refled 5 the improvements is $13,125,000. 6 7 COST ALLOCATION SECTION 6. The above fees, as set forth in the "Report" of the Engineer, Shi 8 parcels exempt from the fee as shown on the boundary map, and said fees shall be paya~ 9 applicable to all property within the area of benefit, except for publicly owned parcel: lo 11 a condition of issuing a building permit for the property or portions of the property developed with the exception that fees in Zone 19 will be paid prior to recording the fina 12 13 14 15 16 17 18 19 for the first phase of the subdivision project entitled "Aviara Phase Ill Revision". PUBLIC HEARING SECTION 7. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE gTH DAY OF 1 1997, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND P FIXED TO CONSIDER WHETHER OR NOT TO PROCEED TO ESTABLISH THE PROP( BRIDGE AND THOROUGHFARE DISTRICT TO BE KNOWN AS BRIDGE 20 21 THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE), Ah' CONSIDER PROTESTS OR OBJECTIONS GENERALLY TO THE BOUNDARIES 01 22 23 PROPOSED DISTRICT, THE ESTIMATED COST FOR THE WORKS OF IMPROVE AND THE METHOD AND APPORTIONMENT OF THE FEE TO PAY FOR SAID FAClL 24 AND TO CONSIDER WHETHER THE OWNERS OF MORE THAN 1/2 OF THE AREA 0 25 PROPERTY TO BE BENEFITED BY THE PROPOSED IMPROVEMENT HAVE PROTE 26 AGAINST THE SAID IMPROVEMENT, OR ANY PORTION THEREOF, AND TO HEA 27 PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS; AND ANY AN[ 28 PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFORE THE TIM 0 0 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 FOR HEARING REFERRED TO HEREIN; AND IF PROTESTS BY OWNERS OF MORE T % OF THE AREA OF THE PROPERTY TO BE BENEFITED ARE FILED AND WITHDRAWN SO AS TO REDUCE THE AREA REPRESENTED TO LESS THAN '/2 OF 1 TO BE BENEFITED, THEN THE PROPOSED PROCEEDINGS SHALL BE ABANDC PURSUANT TO THE PROVISIONS OF SECTION 66484 OF THE GOVERNMENT COD1 THE STATE OF CALIFORNIA. NOTICE SECTION 8. Notice of the public hearing shall be given pursuant to Section 65C the Government Code of the State of California, and said notice shall contain prelin information relating to the boundaries of the area of benefit, the estimated costs and mett- the fee apportionment. For particulars, notice shall be given in the following manner: A. Mailing Notice of Public Hearing to all owners of real property with boundaries of the District, said mailing to be completed at least ten (IO) days prior to thc set for the public hearing; B. Mailing Notice of Public Hearing to any local agency expected to p water, sewage, streets, roads, schools or other essential facilities or services to the F whose ability to provide those facilities and services may be affected, said mailing completed at least ten (IO) days prior to the date set for the public hearing. C. Mailing Notice of Public Hearing to all owners of real property as : on the latest equalized assessment roll within 300 feet of the boundaries of the Distric mailing to be completed at least ten (IO) days prior to the date of the public hearing. D. Publication of the Notice of Public Hearing, said publication completed at least ten (1 0) days prior to the date set for the public hearing. lll Ill Ill Ill 7' e 0 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 SECTION 9. For any and all information relating to these proceedings, inch information relating to protest procedure, your attention is directed to the below desigr person: DAVID HAUSER ASSISTANT CITY ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 TELEPHONE: (61 9) 438-1 161, EXT. 4362 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Council held on the 10th day of June , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, and Hall NOES: None ABSENT: Council Member Nygaard ATTEST: UR. l?- ALETHA L. RAUTENKRANZ, City Clerk (SEAL)