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HomeMy WebLinkAbout1997-07-08; City Council; Resolution 97-528-% .' .* , 170 RECORDING REQUESTED BY: OFFICIAL RECORDS SAM DiEGO COUHTY RECORDER'S OFFICE GREGORY 511ITH I COUNTY RECORDER FEES: 0.00 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 WHEN RECORDED SEND TO: City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA '.L 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 28 171 RESOLUTION NO. 97-528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA has, by Resolution, jeclared its intention to order the formation of a bridge and thoroughfare district, as authorized under section 66484 of the Government Code of the State of California, and specifically as authorized by Section 20.08.140 of the Municipal Code of the City of Carlsbad; said district to be known and lesignated as BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA ANE) (hereinafter referred to as the "District"); and, WHEREAS, the Assessment Engineer did submit a "Report" generally setting forth and jescribing (a) the boundaries of the area of benefit, (b) the estimated costs for the construction of the acilities, and (c) a method of allocation of the costs to the area of benefit, WHEREAS, the legislative body has now conducted a duly noticed public hearing for the u-pose of considering the establishment of said District, and all persons have had an opportunity to ;peak either in favor or opposition to the proceedings and establishment of the District; and, WHEREAS, protests have not been received from the owners of one-half of the property to be Ienefited by the facilities; and, WHEREAS, the imposition of a Bridge & Thoroughfare fee is not subject to Article XlllD of the >alifomia Constitution; and WHEREAS, this City Council is now desirous to proceed with the establishment of the District; md, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That the public hearing for the referenced District is hereby closed and all protests md objections are made by less than owners of one-half (1/2) of the area of property to be benefited ' .I ,. 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 37 28 172 by the proposed improvements, and said protests are hereby overruled and denied. FORMATION OF DISTRICT SECTION 3. This City Council does hereby confirm the District and establish an area of mefit to be known and designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA 'ARKWAY-POINSETTIA LANE). That the "Report" of the Engineer, as herewith submitted, setting forth he estimate of the costs, area of benefit and method of allocation for the costs, is hereby approved md adopted by this legislative body. AREA OF BENEFIT SECTION 4. That the area of benefit encompassed within the boundaries of the District nclude all those properties benefiting from the proposed improvements. The area of benefit and Ioundaries of the District are depicted'on the map as approved by the City Council through the idoption of Resolution No. 97-486 on the 10th day of June, 1997, a copy of which map, as ipproved, is on file in the Office of the City Clerk and open for public inspection. A copy of such map s also attached hereto as Exhibit "A" and incorporated herein by this reference. REPORT SECTION 5. That the "Report" as submitted by the Assessment Engineer, setting forth the a) boundaries of the area of benefit, (b) estimate of the costs and (c)method of allocation, is herein ipproved and adopted, and a copy shall be kept on file in the Office of the City Clerk. IMPROVEMENTS SECTION 6. That the improvements as proposed to be financed through this District shall lenerally consist of the follonring: The construction of major thoroughfare arterial street improvements in AVIARA 'ARKWAY from POINSETTIA LANE to PALOMAR AIRPORT ROAD and in POINSETTIA LANE from IVIARA PARKWAY to EL CAMINO REAL. The works of improvement will include full width grading If the roadway, paved road surface for two lanes (1 8 foot paved section on each side of median for i total of 36 feet paved section), transition pavement section at major intersections, median curbs, )utside asphalt berms, street drainage facilities (with the exception that drainage facilities in Aviara 'arkway which are included in the City's Drainage Fee Program have been deleted), culverts, 1 2 3 4 5 c 7 8 9 ia 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 temporary drainage in parkway, design, contract administration, fee administration, consttuctior inspection, construction engineering, mitigation measures and land acquisition. For particulars, reference is made to the "Report" of the Engineer as on file ir the office of the City Clerk. COST ESTiMATE SECTION 7. The total estimated cost for the proposed improvements, as herein approved is: $1 3,125,000.00 ALLOCATION OF COSTS SECTION 8. This City Council hereby approves and establishes the method of allocation and apportionment of the costs as set forth in the Engineer's "Report" for said District. Funds for the construction of the facilities will be generated by fees collected as building permits are issued foi development within the boundaries of the District. Each type of development or land use will generate and create a specific number of trip generations within a 24-hour day. The fees will be apportioned 3n the basis of average daily vehicular traffic and trip generation, and for particulars, reference is made to the "Report" of the Engineer as approved by the City Council and on file in the Office of the City Clerk. It is hereby determined that the hethod of allocation is a fair way for apportioning the costs for the proposed works of improvement based upon estimated traffic generated by the type of jevelopment. TIME FOR PAYMENT SECTION 9. The above fees, as set forth in the "Report" of the Engineer, shall be applicable :o all property within the area of benefit which is not exempted on the benefit area map, and said fees shall be payable as a condition of issuing a building permit for the property or portions of the property o be developed, with the exception that fees in Zone 19 will be paid prior to recording the final map or the first phase of the subdivision project entitled "Aviara Phase Ill Revision:, unless this legislative Iody adopts, by Resolution, an alternate procedure for the payment of said fee. CREDIT SECTION 10. Landowners, developers and subdividers may be entitled to receive credit for 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 28 174 he construction of the major proposed thoroughfare improvements, as authorized by these woceedings, said credit to be in the amount and applied in the manner as calculated and determined )y the City Engineer as set forth in the "Report". PUBLIC AGENCIES SECTION 11. Any project by a public agency or public entity shall be exempt from the fees ts herein approved for this District and these facilities. RECORDATION SECTION 12. Immediately upon adoption of this Resolution, the City Clerk shall cause a :ertified copy of this Resolution, together with the attached Exhibits, to be recorded in the Office of the 2ounty Recorder, and a copy of said Resolution shall be kept on file in the Office of the City Engineer ind a copy of said Resolution shali be kept on file in the Office of the City Clerk and remain open for Iublic inspection. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held )n the 8th day of July, 1997, by the following vote: AYES: Council Members Lewis, NOES: None ABSENT: None ITTEST: Finnila, Nygaard, Kulchin, and Hall (SEAL) a * .- P c X w 176 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. I, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, County of San Diego, State of California. hereby certify that I have compared the foregoing copy with the original Resolution No. 97-528 passed and adopted by said City Council, at a regular meeting thereof, at the time and by the vote therein stated, which original Resolution No. 97-528 is now on file in my office: that the same contains a 111, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this Jl& day of June. 1997. 0 0 1 2 3 4 5 RESOLUTION NO. 97-528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCETHE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA has, by Resolu 6 7 declared its intention to order the formation of a bridge and thoroughfare district, as authorized UI designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSET 9 Section 20.08.140 of the Municipal Code of the City of Carlsbad; said district to be known 8 Section 66484 of the Government Code of the State of California, and specifically as authorizec 10 LANE) (hereinafter referred to as the "District"); and, 11 WHEREAS, the Assessment Engineer did submit a "Report" generally setting forth I 12 benefited by the facilities; and, 18 WHEREAS, protests have not been received from the owners of one-half of the property to 17 speak either in favor or opposition to the proceedings and establishment of the District; and, 16 purpose of considering the establishment of said District, and all persons have had an opportunit] 15 WHEREAS, the legislative body has now conducted a duly noticed public hearing for 14 facilities, and (e) a method of allocation of the costs to the area of benefit, 13 describing (a) the boundaries of the area of benefit, (b) the estimated costs for the construction of 19 WHEREAS, the imposition of a Bridge & Thoroughfare fee is not subject to Article XlllD of' 20 California Constitution; and 21 WHEREAS, this City Council is now desirous to proceed with the establishment of the Distr 22 and, 23 24 25 26 27 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That the public hearing for the referenced District is hereby closed and all prote: I 28 /land objections are made by less than owners of one-half (112) of the area of property to be benefit " . e W 1 SECTION 3. This City Council does hereby confirm the District and establish an are2 3 FORMATION OF DISTRICT 2 by the proposed improvements, and said protests are hereby overruled and denied. 4 PARKWAY-POINSETTIA LANE). That the "Report" of the Engineer, as herewith submitted, setting fc 5 benefit to be known and designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIA SECTION 4. That the area of benefit encompassed within the boundaries of the Dis 9 AREA OF BENEFIT 8 and adopted by this legislative body. 7 the estimate of the costs, area of benefit and method of allocation for the costs, is hereby appro! 6 10 11 include all those properties benefiting from the proposed improvements. The area of benefit , IMPROVEMENTS 19 approved and adopted, and a copy shall be kept on file in the Office of the City Clerk. 18 (a) boundaries of the area of benefit, (b) estimate of the costs and (c)method of allocation, is he 17 SECTION 5. That the "Report" as submitted by the Assessment Engineer, setting forth 16 REPORT 15 is also attached hereto as Exhibit "Aa and incorporated herein by this reference. 14 approved, is on file in the Office of the City Clerk and open for public inspection. A copy of such r 13 adoption of Resolution No. 97-486 on the 10th day of June, 1997, a copy of which map 12 boundaries of the District are depicted on the map as approved by the City Council through 20 SECTION 6. That the improvements as proposed to be financed through this District E 21 generally consist of the follouing: 22 The construction of major thoroughfare arterial street improvements in AVIl 23 AVIARA PARKWAY to EL CAMINO REAL. The works of improvement will include full width grar 24 PARKWAY from POINSETTIA LANE to PALOMAR AIRPORT ROAD and in POINSETTIA LANE 1 Parkway which are included in the City's Drainage Fee Program have been deleted), culvr 28 outside asphalt berms, street drainage facilities (with the exception that drainage facilities in A\ 27 a total of 36 feet paved section), transition pavement section at major intersections, median CL 26 of the roadway, paved road surface for two lanes (1 8 foot paved section on each side of mediar 25 e W 1 inspection, construction engineering, mitigation measures and land acquisition. 2 temporary drainage in parkway, design, contract administration, fee administration, construci 3 For particulars, reference is made to the "Report" of the Engineer as on filc 4 COST ESTIMATE 5 the office of the City Clerk. SECTION 7. The total estimated cost for the proposed improvements, as herein appro\ 6 7 8 is: $1 3,125,000.00 9 SECTION 8. This City Council hereby approves and establishes the method of alloca 10 ALLOCATION OF COSTS 11 construction of the facilities will be generated by fees collected as building permits are issued 12 and apportionment of the costs as set forth in the Engineer's "Report" for said District. Funds for SECTION 9. The above fees, as set forth in the "Report" of the Engineer, shall be applic 21 TIME FOR PAYMENT 20 development. 19 the proposed works of improvement based upon estimated traffic generated by the typc 18 Clerk. It is hereby determined that the method of allocation is a fair way for apportioning the cost: 17 to the "Report" of the Engineer as approved by the City Council and on file in the Office of the 16 on the basis of average daily vehicular traffic and trip generation, and for particulars, reference is m 15 and create a specific number of trip generations within a 24-hour day. The fees will be apportio 14 development within the boundaries of the District. Each type of development or land use will gene 13 22 shall be payable as a condition of issuing a building permit for the property or portions of the prop 23 to all property within the area of benefit which is not exempted on the benefit area map, and said SECTION IO. Landowners, developers and subdividers may be entitled to receive cred 28 CREDIT 27 body adopts, by Resolution, an alternate procedure for the payment of said fee. 26 for the first phase of the subdivision project entitled "Aviara Phase Ill Revision:, unless this legisl: 25 to be developed, with the exception that fees in Zone 19 will be paid prior to recording the final 24 c W 1 by the City Engineer as set forth in the "Report". 3 proceedings, said credit to be in the amount and applied in the manner as calculated and determir 2 the construction of the major proposed thoroughfare improvements, as authorized by the 4 5 PUBLIC AGENCIES 6 as herein approved for this District and these facilities. 7 SECTION 11. Any project by a public agency or public entity shall be exempt from the fc a SECTION 12. Immediately upon adoption of this Resolution, the City Clerk shall caus 9 RECORDATION 10 13 and a copy of said Resolution shall be kept on file in the Office of the City Clerk and remain open 12 County Recorder, and a copy of said Resolution shall be kept on file in the Office of the City Engin 11 certified copy of this Resolution, together with the attached Exhibits, to be recorded in the Office of AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall 16 on the 8th day of July, 1997, by the following vote: 15 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council t 14 public inspection. 17 19 ABSENT: None 18 NOES: None 2o 21 IATTEST: / /7 22 fj 23 ALgk,AFRA (SEAL) 24 II 25 26 27 28 5. r 5 u. m 0 z