HomeMy WebLinkAbout2003-07-15; City Council; Resolution 2003-1971
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RESOLUTION NO. 2003-197
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION
OR CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED
CANNON ROAD EAST), DECLARING THE IMPROVEMENTS TO BE OF
SPECIAL BENEFIT, DESCRlPlNG THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING
FOR THE ISSUANCE OF BONDS.
ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD (THE “CITY”)
AS FOLLOWS:
1. The Improvements. The public interest and convenience require, and it is the
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 191 3”) (the “Improvement Act”),
to order the acquisition or construction of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment district known and designated as
Assessment District No. 2003-01 (College Boulevard and Cannon Road East) (the “Assessment
District”).
The improvements proposed to be financed through the levy of assessments on properties
within the Assessment District are described in Exhibit A attached hereto and incorporated herein
by this reference, and appurtenances and appurtenant work, all necessary for and to specially
benefit properties within the boundaries of the Assessment District (collectively, the
“Improvements”). The description of the Improvements contained in this Resolution is general in
nature, and the plans and profiles of the Improvements as contained in the Engineer’s Report
(defined below) shall be controlling as to the correct and detailed description thereof.
All of the Improvements to be acquired or constructed are to be installed at the places and
in the particular locations, and to the sizes, dimensions and materials, to the lines, grades and
elevations as shown and delineated upon the plans, profiles and specifications, all to be made a
part of the Engineer’s Report.
All rights-of-way and easements reduired for the Improvements shall be shown upon the
plans referred to herein and to be filed with these proceedings.
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2. Description Of Assessment District. The Improvements confer special benefit on
the properties within the Assessment District. This legislative body hereby determines that the
expenses of the acquisition or construction of such Improvements which reflect the special benefit
to be conferred on the properties within the Assessment District from such Improvements are
chargeable upon such properties. Such properties are described as follows:
All of that certain territory in the proposed Assessment District included
within the exterior boundary lineb shown on the map exhibiting the property
specially benefited and proposed to be assessed to pay the expenses of the
acquisition or construction of the Improvements described above, such map
entitled "Proposed Boundaries of Assessment District No. 2003-01 (College
Boulevard and Cannon Road East)," and which map was previously
approved by this legislative body and is on file with the transcript of these
proceedings. For all particulars as to the boundaries of the Assessment
District, reference is hereby made to such boundary map.
Report of the Assessment Enqineer. The proposed Improvements are hereby
referred to Galen N. Peterson, Consulting Engineer (the "Assessment Engineer"), who is hereby
directed to make and file a report as required by the Improvement Act, Article XlllD of the
Constitution of the State of California and the Omnibus Proposition 218 Implementation Act
(Government Code Section 53750) (collectively, the "Assessment Law"), such report to be in
writing and contain the following:
A.
B.
3.
A description of the lpprovements;
Plans and specifications of the Improvements sufficient to show or describe
the general nature, location and extent of the Improvements;
C. An estimate of the cost of the acquisition or construction of the
Improvements, including the cost of the incidental expenses, in connection therewith;
D. A diagram showing, as the same existed at the time of passage of this
Resolution, the following:
I. the exterior boundaries of the Assessment District and the benefit
areas therein designated as Benefit Area No.1 and Benefit Area No. 2 (each, a "Benefit Area");
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Page 2 of 6 of Resolution No. 2003-197
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2. the lines and dimensions of each parcel of land within the
Assessment District and each of the Benefit Areas; provided, however, such diagram may refer to
the county assessor’s maps for a detailed description of such lines and dimensions, in which case
such maps shall govern for all details concerning such lines and dimensions; and
E. The proposed assessment of the total amount of the costs and expenses of
the proposed Improvements upon the several divisions of land in the Assessment District and
each of the Benefit Areas in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such Improvements. Such assessment shall refer to such
subdivisions upon such diagram by the respective numbers thereof.
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When any portion or percentage of the assessable costs and expenses of the construction
of the 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 costs and expenses of such
construction, and such assessment shall include only the remainder of the estimated costs and
expenses.
4. Financing of the Improvements. NOTICE IS HEREBY GIVEN that the City
proposes to finance the cost of the acquisition or construction of the Improvements, including the
cost of the incidental expenses, in connection therewith through the issuance of bonds (the
“Improvement Bonds”) pursuant to the “Improvement Bond Act of 1915” (the “Bond Act”), Division
10 of the Streets and Highways Code of the State of California. The payment of the debt service
on the Improvement Bonds shall be secured by the unpaid assessments within the District or the
Benefit Area for which such series of the Improvement Bonds have been issued pursuant to the
provisions of the Improvement Act and the Bond Act.
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The provisions of Part 11.1 of the Bond Act, providing an alternative procedure for the
advance payment of assessments and the calling of bonds shall apply to the Improvement Bonds.
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Page 3 of 6 of Resolution No. 2003-197
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The principal amount of each series of the Improvement Bonds maturing each year shall
be other than an amount equal to an even annual proportion of the aggregate principal of such
series, and the amount of principal maturing in each year, plus the amount of interest payable in
that year, will be generally an aggregate amount that is equal each year, except for the first year’s
adjustment.
Pursuant to the provisions of the Improvement Act and specifically Streets and Highways
Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the
assessments during the cash collection period.
5. Assessment Law. Except a8 may otherwise be provided for in the issuance of the
Improvement Bonds described above, all of the Improvements shall be constructed pursuant to
the provisions of the Assessment Law.
6. Surdus Funds. If any excess shall be realized from the assessment, it shall be
used, in such amounts as the legislative body may determine, in accordance with the provisions of
law for one or more of the following purposes:
A. Transfer to the General Fund; 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 from the Improvement Fund;
B.
C.
D. To call Improvement Bonds.
As a credit upon the assessment and any supplemental assessment;
For the maintenance of the Improvements; or
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7. lmorovement Fund. The legislative body hereby establishes a Special
Improvement Fund identified and designated by the name of this Assessment District, and into
such Fund monies may be transferred at any time to expedite the acquisition or construction of
the Improvements, and any such advancement of funds is a loan and shall be repaid out of the
proceeds of the sale of bonds as authorized by law.
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Page 4 of 6 of Resolution No. 2003-197
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8. Grades. 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 grade may vary from the existing grades.
The work herein contemplated shall be done to the grades as indicated on the plans and
specifications, to which reference is made 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.
9. Proceedings Inquiries. For any and all information relating to these proceedings,
including information relating to protest procedure, your attention is directed to the person
designated below:
DAVID HAUSER, DEPUTY CITY ENGINEER
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008
(760) 602-2739
IO. Public Properb. All public property shall be subject to assessment in these
proceedings unless otherwise expressly provided and listed herein.
11. Acquisition. The public inteest, convenience, and necessity require that certain
land, rights-of-way or easements be obtained in order to allow the Improvements as proposed for
this Assessment District to be accomplished. The Engineer's Report, upon adoption, shall set
forth general description of the location and extent of easements andlor land necessary to be
acquired.
12. No City Liability. This legislative body hereby further declares not to obligate itself
to advance available funds from the Treasury to cure any deficiency that may occur in the bond
redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the
Streets and Highways Code of the State of California, and such determination shall further be set
forth in the text of the bonds issued pursuant to the Bond Act.
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iY 'I1 Page 5 of 6 of Resolution No. 2003-197
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13. Annual Administrative Assessment. It is hereby declared that this legislative body
roposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways
;ode of the State of California, such annual assessment to pay costs incurred by the City and not
)thewise reimbursed which result from the administration and collection of assessments or from
he administration or registration of any associated bonds and their related funds.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
, 2003 by the following vote, to wit: 3ty of Carlsbad on the 15th day of JULY
4YES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
qOES: None A
4BSENT: None
' ATTEST:
(SEAL)
Page 6 of 6 of Resolution No. 2003-197
City of Carlsbad -Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 36
Part VI
A. Description of Improvements
The Assessment Law provides for the legislative body of any municipality to
finance certain capital facilities and services within or along its streets or any public
way or easement. The following is a list of proposed improvements as allowed
under the Assessment Law to be acquired, installed, maintained, repaired or
improved under the provisions of the Assessment Law. For the general location
of the improvements to be acquired reference is hereby made to the Plans and
Specifications described in Part I of this report. The proposed improvements
include the following:
Improvement No. 1. College Boulevard/Cannon Road connection as follows:
College Boulevard from Cannon Road to Carlsbad Village Drive
College Boulevard from south end of Calavera Hills II development to Carlsbad Village Drive
(Reach C, full width) - full width grading to major arterial standards including slopes not adjacent
to development and any surcharge (but not to include grading outside of the right-of-way in future
developed areas), additional grading and improvements for meandering regional trail for bicycles
and pedestrians in a public trail easement which is a part of the City-wide trail system, asphalt
pavement to major arterial standard width on each side of a raised improved (hardscaping,
landscaping and irrigation) median, modification of existing median north of Carlsbad Village
Drive to provide left turn pocket, non-master plan storm drain facilities ( which excludes any
Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), curb,
gutter and sidewalk, bus turnout and furniture, street lighting, median curb, sewer, water and
reclaimed water lines and appurtenances (excluding any portion of such costs reimbursable from
sewer and/or water connection fees), erosion control landscaping and irrigation (located within
an easement granted to the City), traffic signal at Carlsbad Village Drive and College Boulevard
(excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees),
striping and signage, protection and relocation of existing utilities as required, dry utilities' within
the right-of-way. as well as environmental mitiaation costs' and incidental costs of construction
as described ii 'the Acquisition/Financing Agreement.
Colleae Boulevard from Cannon Road to south end of Calavera Hills II develoDment (Reach B
cent& lanes) - full width grading to major arterial standards including slopes not adjacent to
development and any surcharge (but not to include grading outside of the right-of-way in future
developed areas), additional grading for meandering regional trail for bicycles and pedestrians in
a public trail easement which is a part of the City-wide trail system, 18 feet of pavement on each
side of a raised unimproved (with an AC cap) median, non-master plan storm drain facilities
(which excludes any Drainage Master Plan facilities subject to reimbursement from Local
Drainage Area Fees), median curb, sewer, water and reclaimed water lines and appurtenances
(excluding any portion of such costs reimbursable from sewer and/or water connection fees),
erosion control landscaping and irrigation (located within an easement granted to the City),
transition to full improvements at inlet locations, southerly boundary of Calavera Hills and
Cannon Road intersection including curb, gutter and additional paving, traffic signal at Cannon
Road and College Boulevard (excluding those portions reimbursed from Traffic Impact Fees and
Public Facilities Fees), striping and signage, protection and relocation of existing utilities as
required, as well as environmental mitigation costs' and incidental costs of construction as
described in the AcquisitionlFinancing Agreement.
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 37
Cannon Road from El Camino Real to College Boulevard (Reach 3 center lanes) - full width
grading to major arterial standards including slopes not adjacent to development and any
surcharge (but not to include grading outside of the right-of-way in future developed areas),
additional grading for meandering regional trail for bicycles and pedestrians in a public trail
easement which is a part of the City-wide trail system, 18 feet of pavement on each side of a
raised unimproved (with AC cap) median, any transition improvements needed along El Camino
Real, non-master plan storm drain facilities (which excludes any Drainage Master Plan facilities
subject to reimbursement from Local Drainage Area Fees), street lighting (partial), median curb,
sewer, water and reclaimed lines and appurtenances (excluding any portion of such costs
reimbursable from sewer and/or water connection fees), erosion control landscaping and
irrigation (located within an easement granted to the City), transition to full improvements at inlet
locations and Cannon Road with College Blvd and El Camino Real intersections including curb,
gutter and additional paving, signal modification at Cannon Road and El Camino Real (excluding
those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and
signage, as well as environmental mitigation costs’ and incidental costs of construction as
described in the Acquisition/Financing Agreement.
Detention Basin BJB (partial) - grading and construction of a 49 acre-foot Drainage Master
Planned storm water retention basin, access road, and outlet structure (excluding any portion of
the costs subject to reimbursement from Local Drainage Area Fees), as well as environmental
mitigation costs and incidental costs of construction as described in the Acquisition/Financing
Agreement.
Improvement No. 2. College Boulevard from Cannon Road to south end of Calavera Hills II
development (Reach B frontage improvements) - demolition of interim improvements, 12.5 feet
of pavement (outside lanes), curb and gutter, sidewalk, meandering trail, street lighting, median
hardscape, landscape and irrigation, dry utilities’ within the right-of-way, striping and signage,
traffic signals (excluding those portions reimbursed from Traffic Impact Fees and Public
Facilities Fees) and appurtenances, sound walls, arterial road setback landscaping and
irrigation, as well as environmental mitigation costs‘ and incidental costs of construction as
described in the Acquisition/Financing Agreement.
Improvement No. 3. Cannon Road from El Camino Real to College Boulevard (Reach 3
frontage improvements) - demolition of interim improvements, 12.5 Get of pavement (outside
lanes), curb and gutter, sidewalk, meandering trail, street lighting, median landscape and
irrigation and median paving, dry utilities’ within the right-of-way, striping and signage, traffic
signals (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities
Fees) and appurtenances, sound walls, arterial road setback landscaping and irrigation, as well
as environmental mitigation costs’ and incidental costs of construction as described in the
Acquisition/Financing Agreement.
Notes:
- I/ The aggregate amount of the cost of dry utilities or mitigation land which
are to be owned by an entity other than a “political subdivision” as such
term is used in the Internal Revenue Code and regulations of the Internal
Revenue Service which may be financed from the proceeds of tax exempt
bonds issued for the Financing District shall be limited to 5% of the
proceeds of such bonds which are eligible to be used to finance the
acquisition of the Improvements.
vl E-Prepared by Galen N. Peterson June 25,2003