HomeMy WebLinkAbout2001-02-13; City Council; Resolution 2001-481
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RESOLUTION NO. 2001-48 (VOID - Item referred back
to staff. )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER’S
REPORT, DECLARING THE CITY’S INTENTION TO UPDATE
AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE),
ADOPTING THE MITIGATED NEGATIVE DECLA
SETTING THE DATE, TIME AND PLACE FOR A
HEARING ON THE PROPOSED UPDATE AND MODIFI
WHEREAS, the City Council of the City of Carlsbad, California onsidering the update
and modification of the fees authorized to be levied and collected wi ridge and Thoroughfare
District No. 2 (“B&TD No. 2”); and
WHEREAS, any increase in the B&TD No. 2 fees may result from the update and
modification of the existing fees is not subject to Article of the California Constitution; and
itted a “Report” of the Engineer, said
“Report” generally setting forth the followi
A. Boundary map of are
aid improvements;
D. Method and apportio nt for distribution of costs based upon benefits received
from the proposed public improv
WHEREAS, at this ti e City Council of the City of Carlsbad, California, is now ready
to approve the “Report” bmitted by the Engineer and proceed to set a time and place for a
public hearing to con he proposed update and modification of the B&TD No. 2 fees; and
e City Council finds that the Mitigated Negative Declaration for proposed
tion of the B&TD No. 2 fees (EIA 00-09) which was prepared, published and
the Planning Department reflects the independent judgment of the City Council of
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
1 IMPROVEMENTS
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SECTION 2. That this City Council does hereby declare its intention t
authorize the update and modification of the fees authorized to be levied and
B&TD No. 2 for the purpose of financing certain of the costs and expense
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The construction of major thoroughfare arterial street rovements in AVIARA
PARKWAY from POINSETTIA LANE to PALOMAR AIRPORT and in POINSETTIA LANE
from AVIARA PARKWAY to EL CAMINO REAL. The works provement will include full width
grading of the roadway, paved road surface for two lanes foot paved section on each side of
median for a total of 36 feet paved section), transition ement section at major intersections,
median curbs, erosion control, outside asphalt s, street drainage facilities (with the
exception that drainage facilities in Aviara Park hich are included in the City’s Drainage Fee
Program have been deleted), culverts, t rary drainage in parkway, design, contract
administration, fee administration, const on inspection, construction engineering, mitigation
measures and land acquisition. Th regoing improvements may be referred to as the
“Improvements.”
“REPORT”
SECTION 3. The u port”, as submitted by the Engineer, is hereby approved and
adopted by this City Cou and shall be kept on file in the Office of the City Clerk and remain
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That a map of the District, showing the boundaries and area of benefit of
rstrict and lands and property to be charged to pay the costs and expenses of the
provements designated as “BOUNDARIES OF BRIDGE AND THOROUGHFARE
T NO. 2 (AVIARA PARKWAY-POINSETTIA LANE)” is included as Appendix “c” to the
Report, and the same is hereby approved and adopted.
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1 COST ESTIMATE
2 SECTION 5. The cost estimate, as set forth in the “Report” of the Engine
3 total updated estimated costs for the Improvements, and the method of fee
4 a fair method of allocation of the costs to the area of benefit. The updated ated cost of the
5 Improvements is $21,840,969.
6 COST ALLOCATION
7 SECTION 6. The above fees, as set forth in the “Rep of the Engineer, shall be
6 applicable to all property within B&TD No. 2, except for parcels existing building permits that
9 are exempt from the fee, and said fees shall be payable a condition of issuing a building
IO permit for the property or portions of the property to be d oped with the exception that fees in
11 Zone 19 have been satisfied by the construction portion of Poinsettia Lane within the
12 boundaries of Zone 19 as a condition of the Aviara e III tentative map.
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14 SECTION 7. The City Council of City of Carlsbad, California, hereby adopts the
15 Mitigated Negative Declaration for the pr ed update and modification of the B&TD No. 2 fees
16 (EIA 00-09) which was prepared, pu d and is on file with the Planning Department for public
17 inspection.
16 PUBLIC HEARING
19 SECTION 8. NOTI HEREBY GIVEN THAT TUESDAY, THE 13TH DAY OF MARCH,
20 2001, AT THE HOU :00 O’CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS
2’ CITY COUNCIL, BEI E COUNCIL CHAMBERS, CITY HALL, 1200 CARLSBAD VILLAGE
22 DRIVE, CARLSB CALIFORNIA, IS THE TIME AND PLACE FIXED TO CONSIDER
23 WHETHER OR TO PROCEED TO UPDATE AND MODIFY THE FEES AUTHORIZED TO
24 BE LEVIE COLLECTED WITHIN BRIDGE AND THOROUGHFARE DISTRICT NO. 2
KWAY-POINSETTIA LANE), AND TO CONSIDER PROTESTS OR OBJECTIONS
Y TO THE BOUNDARIES OF THE DISTRICT, THE ESTIMATED COST FOR THE
OF IMPROVEMENT AND THE METHOD AND APPORTIONMENT OF THE FEE TO
26 PAY FOR SAID IMPROVEMENTS, AND TO CONSIDER WHETHER THE OWNERS OF MORE
THAN % OF THE AREA OF THE PROPERTY TO BE BENEFITED BY THE PROPOSED
1 IMPROVEMENTS HAVE PROTESTED AGAINST THE SAID IMPROVEMENTS, *OR ANY
2 PORTION THEREOF, AND TO HEAR ALL PROTESTS RELATING TO SAID
4 PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED T
5 PROTESTS BY OWNERS OF MORE THAN % OF THE AREA OF THE PERTY TO BE
6 BENEFITED FROM THE IMPROVEMENTS ARE FILED AND NOT WI RAWN SO AS TO
7 REDUCE THE AREA REPRESENTED TO LESS THAN % OF THAT E BENEFITED, THEN
s THE PROPOSED PROCEEDINGS SHALL BE ABANDON PURSUANT TO THE
g PROVISIONS OF SECTION 66484 OF THE GOVERNMEN ODE OF THE STATE OF
1o CALIFORNIA AND SUCH FEES WILL NOT BE UPDATED A MODIFIED AS PROPOSED.
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12 SECTION 9. Notice of the public hearing shall iven pursuant to Section 65091 of the
13 Government Code of the State of California, and s otice shall contain preliminary information
14 relating to the boundaries of B&TD No. 2, estimated costs and ‘method of the fee
15 apportionment. For particulars, notice shall b en in the following manner:
16 A. Mailing Notice of P Hearing to all owners of real property within the
17 boundaries of B&TD No. 2, said mailin be completed at least ten (10) days prior to the date
16 set for the public hearing;
of Public Hearing to any local agency expected to provide
schools 20 water, sewage, streets, roa or other essential facilities or services to the project
21 whose ability to provid ose facilities and services may be affected, said mailing to be
22 completed at least 10) days prior to the date set for the public hearing.
Mailing Notice of Public Hearing to all owners of real property as shown on
ed assessment roll within 300 feet of the boundaries of the District, said mailing
ted at least ten (10) days prior to the date of the public hearing.
Publication of the Notice of Public Hearing, said publication to be
completed at least ten (10) days prior to the date set for the public hearing. 27
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SECTION 10. For any and al
information relating to protest procedu
person:
DAVID HAUSER DEPUTY CITY ENGINEER CITY OF CARLSBAD
ceedings, including
below designated
SECTION 11. That th
$410,000 from the Bridge and T
to appropriate
o. 2 funds for the project account.
PASSED, APPROVED ad City Council
2001 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
WOOD, City Clerk (SEAL)