Loading...
HomeMy WebLinkAbout2004-05-04; City Council; Resolution 2004-1501 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. 2004-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL REPORT OF THE ASSESSMENT ENGINEER, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, CONFIRMING THE ASSESSMENTS AND ORDERING THE ACQUISITION OR CONSTRUCTION OF IMPROVEMENTS, TOGETHER WITH {POINSETTIA LANE EAST). APPURTENANCES, IN ASSESSMENT DISTRICT NO. 2002-01 WHEREAS, the City Council of the City of Carlsbad, California, has previously adopted it: Resolution of Intention and initiated proceedings for the acquisition or construction of certair mprovements, together with appurtenances and appurtenant work described in Exhibit A attache( iereto and incorporated herein by this reference (collectively, the “Improvements”), in a specia assessment district pursuant to the terms and provisions of the “Municipal Improvement Act o 1913”, being Division 12 of the Streets and Highways Code of the State of Californi; [the “Improvement Act”), such special assessment district known and designated as Assessmen District No. 2002-01 (Poinsettia Lane East) (the “Assessment District”); and WHEREAS, pursuant to such Resolution of Intention, a report (the “Preliminary Engineer’: Report”) of Galen N. Peterson, Consulting Engineer, (the “Assessment Engineer”), as thereir xdered and as required by the Improvement Act, Article XlllD of the Constitution of the State o Salifornia (“Article XlllD”) and the Proposition 21 8 Implementation Act (Government Code Sectior 53750 and following) (the Improvement Act, Article XlllD and the Implementation Act are referred tc ierein collectively as the “Assessment Law”), was presented, considered and preliminarily approvec ~y the City Council on February 17,2004; and WHEREAS, as a result of the receipt of bids for the construction of certain of thc mprovements, the Assessment Engineer has revised the Preliminary Engineer’s Report to reflec such bids and submitted to the City Council a final Engineer’s Report (the “Final Engineer’s Report”) and WHEREAS, the Final Engineer’s Report, as prepared and submitted, contains all the matter: md items called for pursuant to the provisions of the Assessment Law, including the following: 8 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 A. The plans and specifications for the Improvements proposed to be acquired 01 constructed; B. The Assessment Engineer's estimate of the itemized and total costs and expenses oi the construction of the Improvements and of the incidental expenses in connection therewitt contained in the Final Engineer's Report including that portion of such costs and expenses representing the special benefit to be conferred by such Improvements on those parcels within the Assessment District; C. The diagram showing the Assessment District referred to and described in suct Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions oi land within such Assessment District, as the same existed at the time of the passage of suck Resolution of Intention, each of which subdivisions have been given a separate number upon suct diagram; D. The proposed assessment upon the several subdivisions of land in the Assessmeni District, in proportion to the estimated special benefits to be conferred on such subdivisions respectively, by the Improvements to be acquired or constructed, and of the incidental expenses thereof; and E. WHEREAS, the City Council did set the time and place for a public hearing for hearing protests to the proposed Improvements, the extent of the Assessment District or to the proposed assessment; and A description of the Improvements to be acquired or constructed. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the City Clerk of the City as the tabulation official appointed by the City Council, all in the manner provided by the Assessment Law; and Ill Ill Page 2 of Resolution No. 2004-150 7 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 WHEREAS, the City Clerk has prepared and submitted to this legislative body a Certificate 0’ Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of thc Tabulation Official”), a copy of which is attached as Exhibit B hereto and incorporated herein by thi: reference, which reflects the results of the tabulation of the assessment ballots; and WHEREAS, at this time based upon the Certificate of Tabulation Official this City Counci determines that the assessment ballots received in favor of the proposed assessment and weightec as required by the Assessment Law exceed the assessment ballots received in opposition to thr assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessmen Law does not exist; and WHEREAS, as required by the City Council Policy 33 (“Policy 33’7, the City’s Special Distric Review Committee has reviewed this Assessment District and found that the Assessment Distric complies with the terms and conditions of Policy 33; and WHEREAS, the applicants for the Assessment District, have requested that tht assessments be permitted to pass-through to the prospective purchasers of the individual lots withir the proposed Assessment District; and WHEREAS, the Special District Review Committee has reviewed this pass-through reques and recommends that the City Council approve such request since, as required by Policy 33, tht estimated total amount of taxes, assessments and special taxes appearing on the property tax bil will not exceed 1.8 percent of the initial sales price of any residential dwelling unit to eact prospective homeowner; and WHEREAS, the Special District Review Committee has recommended that the City Counci proceed with the formation of the Assessment District; and WHEREAS, this legislative body is now satisfied with the assessment and all matter! contained in the Final Engineer’s Report as submitted. Ill Ill Ill ill Page 3 of Resolution No. 2004-150 le 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. RECITALS. The above recitals are all true and correct. FINDINGS. Based upon the determinations and recommendations of the Special District Review Committee, the Final Engineer's Report, the staff report and the foregoing recitals, this City Council hereby finds that: A. the proposed Assessment District complies with the terms and conditions of Policy 33; B. the Improvements proposed to be acquired by the City from the proceeds of bonds issued for the Assessment District include three roadway improvements that are a part of the City's General Plan circulation system, i.e., 4 lanes of Poinsettia Lane from El Camino Real easterly to connect to the existing terminus of Poinsettia Lane at the westerly boundary of the Rancho Carrillo development, 4 lanes of El Fuerte Street from Palomar Airport Road southerly to connect to the existing terminus of El Fuerte Street at the southerly boundary of the Bressi Ranch developmeni and widening of El Camino Real along the frontage of the two developments (Bressi Ranch and La Costa Greens) in three segments from Palomar Airport Road to Poinsettia Lane, which are necessary to complete important links in the City's traffic circulation system, the primary purpose for utilizing Special District financing pursuant to Policy 33; C. the Improvements proposed to be financed through the Assessment Districi are required in the public interest; D. the estimated total amount of taxes, assessments and special taxes appearing on the property tax bill for lots within the Assessment District will not exceed 1.8 percenl of the initial sales price of any residential dwelling unit to each prospective homeowner; and E. the assessment ballots submitted pursuant to the Assessment Law in favor of the assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to the assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law does not exist. Ill Page 4 of Resolution No. 2004-150 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 3. SPECIAL BENEFITS RECEIVED. Based upon the Final Engineer’s Report and the :estimony and other evidence received at the public hearing, it is’hereby determined that: A. All properties within the boundaries of the Assessment District receive a special benefit from the Improvements; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the cost of construction of the Improvements; C. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the I m provem en ts ; D. E. Only special benefits have been assessed; and There are parcels within the Assessment District which are owned or to be owned by non-profit public benefit organizations and home owners associations and other parcel: which are owned or to be owned by the City and Carlsbad Unified School District which are agencies as such term is defined in Article XlllD which specially benefit from the Improvements. A contributior equal to the special benefit to be received by such parcels shall be made by the developers in the form of a reduced purchase price for the acquisition of the Improvements. 4. PUBLIC INTEREST AND CONVENIENCE. The public interest and convenience require the acquisition or construction of the Improvements and, therefore, it is hereby ordered tha the Improvements be acquired or constructed, as set forth in the Resolution of Intention previousl) adopted by this City Council on February 17, 2004 by Resolution No. 2004-057 and as also set fortt in the Final Engineer’s Report presented to and considered by this City Council. 5. FINAL ENGINEER’S REPORT. The Final Engineer’s Report, as now submitted, i: hereby approved and such Report shall stand as the report as required by the Assessment Law fo all future proceedings for this Assessment District. 6. CONFIRMATION OF ASSESSMENTS. The assessments, as now filed in the Fina Engineer’s Report, and the diagram for the Improvements to be acquired or constructed, togethe with appurtenances and appurtenant work in connection therewith, are hereby confirmed. Page 5 of Resolution No. 2004-150 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 The assessments contained in the Final Engineer’s Report and hereby levied and approved are as follows: A. The final assessments representing the costs and expenses to finance that portion of the cost of acquisition or construction of the Improvements representing the special benefit conferred by the Improvements on the parcels within the Assessment District. B. The annual assessment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in the Final Engineer’s Report. This City Council hereby approves a pass-through of the assessments to the purchasers of individual lots subject to the approval by the City Council of a disclosure program as required by paragraph 16 of Policy 33. 7. RECORDATION OF ASSESSMENT. The City Clerk shall forthwith deliver to the Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with her certificate of such confirmation attached and the date thereof; and that such Superintendent of Streets shall then immediately record such diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. 8. COUNTY RECORDER NOTICE. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as sei forth by law and specifically Section 31 14 of the Streets and Highways Code of the State of California. 9. MAILED NOTICE. Upon recordation of the assessment diagram and notice of assessment, a notice shall be mailed to each owner of real property within the Assessment District at his last known address, as such address appears on the last equalized tax rolls of the County, such notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the “Improvement Bond Act of 191 5.” Page 6 of Resolution No. 2004-150 l-3 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 10. PUBLICATION. Notice shall also be given by publication in a newspaper of general circulation, such notice setting forth the amount of the final assessment and indicating that such assessment is now due and payable, and further indicating that if such assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. 11. ASSESSMENT COLLECTION. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked “public improvement assessment” or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that such entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if an) lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditoi shall enter on the roll a description of the lot or parcel affected, with the name of the owners, il known, but otherwise the owners may be described as “unknown owners”, and extend the proper installment opposite the same. 12. ASSESSMENT VERIFICATION STATEMENT. The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for such delinquency, and further Page 7 of Resolution No. 2004-150 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 set forth a statement of percentages retained for the expenses of making such collections This request is specifically made pursuant to the authorization of Section 8683 of the Streets an( Highways Code of the State of California. 13. ASSESSMENT DISTRICT FUNDS. The Finance Director is hereby authorized at thi: time, if not previously done, to establish the following funds as necessary for the payment of cost! and expenses and administration of the proceedings for this Assessment District: A. IMPROVEMENT FUND: All monies received from cash collections shall bt placed into the Improvement Fund. B. REDEMPTION FUND: All monies received from the payment of assessment! shall be placed in the Redemption Fund. For particulars as to the administration and handling of the Funds, the specific terms an( conditions shall be set forth in a Bond Indenture to be approved by the subsequent adoption of i Resolution Authorizing the Issuance of Bonds. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the Cit of Carlsbad on the 4th day of May ,2004 by the following vote, to wit: AYES: Council Elembers Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None CLAUDE A. LEWIS, Mxyor ATTEST: A LORR~INEh. WOOD, City Clerk " (SEAL) Page 8 of Resolution No. 2004-150 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 1. EXHIBIT A DESCRIPTION OF IMPROVEMENTS Poinsettia Lane from El Camino Real easterly to connect to the existing terminus of Poinsettia Lane at the westerly boundary of Rancho Carrillo including transition pavement lanes and appurtenances on El Camino Real as shown on Drawing Nos. 397-2H, 397-21, 397-25 and 397-2K. Full width grading to major arterial standards (but not to include grading outside of the right-of-way in future developed areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation (located within an easement granted to the City), asphalt pavement to major arterial standard width on either side of a raised median, median curb, median hardscaping and landscaping with irrigation, curb and gutter, sidewalk, meandering regional trail for bicycles and pedestrians in a public trail easement which is a part of the City-wide trail system, storm drain facilities within the right-of-way (excluding any Master Drainage Plan facilities subject to reimbursement from Local Drainage Area Fees), sewer, water and reclaimed water lines and appurtenances within the right-of-way (excluding any portion of such costs reimbursable from sewer and/or water connection fees), dry utilities which are non-refundable or non-reimbursable by the utility agency and which are located within the right-of-way’, street lights, three new traffic signals and a modification of an existing traffic signal at El Camino Real (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental mitigation’ and incidental costs of construction to the extent permitted in the Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report. 2. El Fuerte Street from Palomar Airport Road southerly to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch as shown on Drawing Nos. 400-8E and 400-8F. Full width grading to secondary arterial standards (but not to include grading outside of the right-of-way in future developed areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation (located within an easement granted to the City), asphalt pavement to secondary arterial standard width, curb and gutter, sidewalk, meandering regional trail for bicycles and pedestrians in a public trail easement which is a part of the City-wide trail system, storm drain facilities within the right-of-way (excluding any Master Drainage Plan facilities subject to reimbursement from Local Drainage Area Fees), sewer, water and reclaimed water lines and appurtenances within the right-of-way (excluding any portion of such costs reimbursable from sewer and/or water connection fees), dry utilities which are non-refundable or non-reimbursable by the utility agency and which are located within the right-of-way’, street lights, three new traffic signals and a modification of an existing traffic signal at Palomar Airport Road (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental mitigation’ and incidental costs of construction to the extent permitted in the Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report. 3. Widening of the east side of El Camino Real from Palomar Airport Road to the southerly boundary of Bressi Ranch as shown on Drawing No. 400-8G (Bressi Ranch portion). Grading to prime arterial standards (but not to include grading outside of the right-of-way in future developed areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation (located within an easement granted to the City), asphalt pavement to prime arterial standard width (including transitions lanes outside of developer’s ownership), raised median in certain areas, median curb, median hardscaping and landscaping with irrigation, curb and gutter, sidewalk, dry utilities which are non-refundable or non-reimbursable by the utility agency and which are located within the right-of-way’, modification of an existing traffic signal at Street “A (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental mitigation’ and incidental costs of construction to the extent permitted in the Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report. 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 4. Widening of the east side of El Camino Real from the southerly boundary of Bressi Ranch southerly as shown on Drawing No. 397-2R (Greens portion). Grading to prime arterial standards (but not to include grading outside of the right-of-way in future developed areas), erosion control landscaping and irrigation (located within an easement granted to the City), parkway landscaping and irrigation (located within an easement granted to the City), asphalt pavement to prime arterial standard width (including transitions lanes outside of developer’s ownership), raised median in certain areas, median curb, median hardscaping and landscaping with irrigation, curb and gutter, sidewalk, dry utilities which are non-refundable or non-reimbursable by the utility agency and which are located within the right-of-way’, street lights, modification of an existing traffic signal at Camino Vida Roble (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), relocation of existing utilities, environmental mitigation’ and incidental costs of construction to the extent permitted in the Acquisition/Financing Agreement included in Appendix B of the Engineer’s Report. Notes: - 1/ 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 Assessment 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. I7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 Assessment ballots received in favor of the proposed assessment: EXHIBIT B 5 CERTIFICATE OF TABULATION OFFICIAL AND STATEMENT OF ASSESSMENT BALLOTS SUBMITTED STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO CITY OF CARLSBAD 1 ) ss. The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Carlsbad, DOES HEREBY CERTIFY that pursuant to the provisions of Article XlllD Df the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining tc Assessment District No. 2002-01 (Poinsettia Lane East). I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the assessment and the assessment ballots submitted in opposition to the assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Assessment ballots received opposition to the proposed assessment: 0 This certification is executed this 6th day of I.Iay , 2004 in Carlsbad, California. < L/jA./vLp, mm -- W’Cleik of the City of Carlsbad, - as the fabulation Official WHEN RECORDED RETURN -ro City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 NOTICE OF ASSESSMENT Pursuant to the requirements of Section 3 1 14 of the Streets and Highways Code of the State of California. the widersigncd, CI'I'Y CIXRK of the CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CAI ,IFORNIA, HEREBY GlVES NOTICE that a diagram and asscssrnent were recorded in the Office of the Superintendent of Streets of said Community Services District, as provided for in said Section 3 114, and relating to the following described real property: All that property lying within the boundaries of the Assessment District, as delineated upon an assessment diagram of said District entitled Assessment District No. 2002-01 (Poinsettia Lane East) filed in the office of the County Recorder of San Diego County on the BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, Official Records of said County, and as shown on an assessinetit diagram recorded in the Office of the Superintendent of Streets of said Conimunity Services District, and reference is hereby made to said Map for the description of the real property within said Assessment District. day of JiAypf~ . 04503 2004, in Book 3 8 Page(s) 37. Document No. 2064 - fi4 NOTICE tS FURTHER GlVEN that upon the recording of this Notice in the Office of the County Recorder, the several asscssmcnts assessed on the lots, pieces and parcefs shown on said filed Assessment Diagram shall beconie a lien upon the lots or portions of lots assessed, respectively. ' In addition to the assessment to pay the costs and expenses of the improvements to be constructed. all o~vners of real property within the Assessment District are subject to a separate and additional assessment to be levied annually to pay for costs not otherwise reimbursed which will result from the adniinistration and collection of assessments or from the administration or registration of any associated bonds and rcscrw or related funds. Reference is made to the Assessment Diagram and Assessment Roll recorded in the Office of the Superintendent of Streets for the amount of any final and confirmed assessments, including any annual assessment as levied for adininistrative costs or maintenance, as applicable. Notice of Assessment I - Attached hereto is a list indicating the names of the assessed owners, all as required pursuant to Section 27288.1 of the Government Code of the State of California. I ,2004. ,/ r CITY OF CARLSEAD STATE OF CALIFORNIA Notice of Assessment 2 Exhibit A CITY OF CARLSBAD ASSESSMENT DJSTRICT NO. 2002-01 (Poinscttia Lane East) LIST OF PROPERTY OWNERS Name of Prupcrty Owner(s) - General American Life Insurance Co. MetroPolitan Life Greystone Homes, Inc. Bressi Gardenlane, LLC -~~ Lennar Bressi Ranch Venture, LLC Real Estate Collateral Management Company Legal Description Lots 1 through 5 inclusive of Carlsbad Tract CT 00-06 Lots 6 through 10 inclusive and Lots 12 and 16 of Carlsbad Tract CT 00-06 Lots 11, 13, 15 and Lots 17 through 22 inclusive of Carlsbad Tract CT 00-06 Lot 14 of Carlsbad Tract CT 00-06 Lots 1 through 4 inclusive, Lots 6 through 14 inclusive and Lots 16 through 49 inclusive of Carlsbad Tract CT 99-03 Notice of Assessment A- 1