HomeMy WebLinkAbout2007-04-24; City Council; Resolution 2007-085Exhibit 2
1 RESOLUTION NO. 2007-085
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
3 TO CONSIDER ORDERING CERTAIN CHANGES AND
4 MODIFICATIONS IN THE IMPROVEMENTS ORDERED TO
BE ACQUIRED AND THE ASSESSMENTS LEVIED
5 WITHIN BENEFIT AREA NO. 2 OF ASSESSMENT
DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND
6 CANNON ROAD EAST) AND THE SEGREGATION AND
APPORTIONMENT OF ASSESSMENTS WITHIN SUCH
7 ASSESSMENT DISTRICT AS THE RESULT OF THE
SUBDIVISION OF PROPERTY THEREIN
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9 WHEREAS, the City Council of the City of Carlsbad (the "City"), California, has
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previously undertaken proceedings to form an assessment district, to designate two
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benefit areas therein and to levy assessments therein to finance the acquisition of
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certain public improvements pursuant to the terms and provisions of the "Municipal
14 Improvement Act of 1913" (Streets and Highways Code Section 10000 and following)
15 (the "Improvement Act"), Article XIIID of the Constitution of the State of California
16 ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government
17 Code Section 53750 and following) (collectively, the "Assessment Law"), such
18 assessment district known and designated as Assessment District No. 2003-01 (College
Boulevard And Cannon Road East) (the "Assessment District"); and,
20 WHEREAS, subsequent to the formation of the Assessment District and the levy
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of assessments therein pursuant to the Assessment Law:
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A. The City issued the City of Carlsbad Assessment District No. 2003-01
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(College Boulevard and Cannon Road East) Benefit Area No. 1 (Calavera Hills II)
25 Limited Obligation Improvement Bonds in the principal amount of $11,730,000 secured
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Exhibit 2
1 by the unpaid assessments levied on the properties within Benefit Area No. 1 of the
2 Assessment District;
3 B. Calavera Hills II, LLC (the "Developer"), the owner and developer of the
4 property within the Assessment District, has proposed to construct an 84" diameter
5 storm drain along Cannon Road (the "Cannon Road Storm Drain") in lieu of constructing
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improvements to the channel along the south side of Cannon Road and has requested
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that the City initiate proceedings to add the Cannon Road Storm Drain to the8
g improvements ordered to be acquired through the Assessment District and to modify the
10 assessments within Benefit Area No. 2 of the Assessment District to reflect the special
11 benefit to be received by the properties within Benefit Area No. 2 from the Cannon Road
12 Storm Drain; and
13 C. The property within the Assessment District has been further subdivided
14 necessitating the segregation and apportionment of the original assessments within the
15 parcels created as a result of the subdivision of such properties; and
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WHEREAS, the City Council desires to consider the modifications to the
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improvements ordered to be acquired through the Assessment District to include the
Cannon Road Storm Drain and to the assessments levied within Benefit Area No. 2 and
2Q to order the segregation and apportionment of the assessments within the parcels
21 created as a result of the subdivision of the properties within the Assessment District;
22 and
23 WHEREAS, the City Council has received an Amended and Restated Final
24 Engineer's Report (the "Amended Engineer's Report") prepared by Dick Jacobs
25 Associates, assessment engineer to the City for these proceedings (the "Assessment
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Exhibit 2
1 Engineer"), describing the changes proposed to be made, including the Cannon Road
2 Storm Drain proposed to be ordered to be acquired, the amount of the estimated
3 increase in the cost of the improvements by reason of the proposed inclusion of the
4 Cannon Road Storm Drain as part of such improvements, the increase and modification
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of the assessments levied on the parcels within Benefit Area No. 2 to reflect the special
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benefit received by such parcels from the Cannon Road Storm Drain and setting forth
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an amended diagram of the Assessment District and the segregation and
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9 apportionment of the assessments originally levied within the Assessment District to
10 reflect the subdivision of the property within the Assessment District; and
11 WHEREAS, pursuant to Streets and Highways Code Sections 8732 and 10353 it
12 is necessary for this City Council to adopt a resolution to (1) briefly describe the
13 proposed changes within the Assessment District, (2) give notice of the time and place
14 for a public hearing where (a) persons may appear and show cause why such changes
15 should not be ordered and/or (b) all persons interested in the original assessment, or in
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the lands affected thereby or in the bonds secured thereby, may appear and protest
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against the segregation and apportionment of the assessments and (3) order the18
initiation of assessment ballot proceedings to enable the owners of the properties within
20 Benefit Area No. 2 to express their support for or opposition to the proposed increase in
21 the assessments levied on such properties.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
23 Carlsbad, California, as follows:
1. Recitals. The above recitals are all true and correct.
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Exhibit 2
1 2. Amended Engineer's Report. The Amended Engineer's Report as
2 received by this City Council is hereby adopted, passed upon, and preliminarily
3 approved. A copy of the Amended Engineer's Report shall be kept on file in the Office of
4 the City Clerk and shall be available for inspection during normal business hours of
5 such office.
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3. Declaration of Intention. The public interest, convenience and necessity
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require, and it is the intention of this City Council to consider, changing the8
„ improvements ordered to be acquired to include the Cannon Road Storm Drain and
10 increasing the assessments levied on the properties within Benefit Area No. 2 to reflect
11 the special benefit received by such properties from the Cannon Road Storm Drain. It is
12 the further intention of this City Council to order the segregation and apportionment of
13 the original assessments to reflect the subdivision of the properties within the
14 Assessment District.
15 4. Description of Proposed Changes within the Assessment District. Reference
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is made to the Amended Engineer's Report for a description of the proposed changes to
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be made in the Assessment District, including a description of the change in the
improvements ordered to be acquired to include the Cannon Road Storm Drain, the
2Q estimated increase in the cost of the improvements resulting from the inclusion of the
21 Cannon Road Storm Drain and the proposed increase in the assessments levied on the
22 properties within Benefit Area No. 2 of the Assessment District to reflect the special
23 benefit to be received by such properties from the Cannon Road Storm Drain.
24 5. Proposed Segregation and Apportionment of the Original Assessments.
25 Further reference is made to the Amended Engineer's Report for amended diagram of
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Exhibit 2
1 the assessment district and the segregation and apportionment of the original
2 assessments to reflect the subdivision of the properties within the Assessment District.
3 6. Notice of Public Hearing. Notice is hereby given that a public hearing is
4 hereby scheduled to be held at the City Council meeting room of the City of Carlsbad
5 located at 1200 Carlsbad Village Drive, Carlsbad, California 92008 on June 19, 2007 at
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6:00 p.m. At such time all persons may appear and (a) show cause why the proposed
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changes in the Assessment District described in paragraph 4 above should not be made8
g and/or (b) protest against the proposed segregation and apportionment of the
10 assessments.
11 7. Initiation of Assessment Ballot Proceedings. Pursuant to the provisions of the
12 Assessment Law, the record owner of each parcel within Benefit Area No. 2 for which
13 the original assessment is proposed to be increased to reflect the special benefit from
14 the Cannon Road Storrn Drain has the right to submit an assessment ballot in favor of
or in opposition to the proposed increase in such assessment.
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Assessment ballots will be mailed to each such record owner. Each such owner
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may complete such assessment ballot and thereby indicate such owner's support for or
opposition to the proposed increase in the assessment levied against such owner's
20 property. All such assessment ballots must be received by the City Clerk at the
21 following address at or before the time set for the close of the public hearing:
22 City Clerk
23 City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
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Exhibit 2
1 An assessment ballot received after the close of the public hearing will not be
2 tabulated even though the postmark on the envelope transmitting the assessment ballot
is dated on or before the date of the public hearing.
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At the conclusion of the public hearing, the City Council shall cause the
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tabulation, pursuant to Government Code Section 53753, of the assessment ballots
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timely received. If a majority protest, as described below, exists the City Council shall
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not increase the assessments within Benefit Area No. 2. A majority protest exists if the8
g assessment ballots submitted, and not withdrawn, in opposition to the proposed
10 increase in assessment exceed the assessment ballots submitted, and not withdrawn,
11 in favor of such proposed increase in assessment. In tabulating the assessment ballots,
12 each assessment ballot shall be weighted by the amount of the proposed increase in
13 the assessment to be imposed upon the identified parcel for which such assessment
14 ballot was submitted.
15 For purposes of tabulating the assessment ballots for these proceedings as
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required pursuant to the Assessment Law, the City Council hereby designates the City
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Clerk to act as the tabulation official to tabulate the assessment ballots submitted.18
8. City Clerk. The City Clerk is hereby directed to mail or cause to be mailed
20 notice of the public hearing, together with the assessment ballot materials, to the record
21 owner of each parcel within Benefit Area No. 2 for which the assessment is proposed to
22 be increased. Such mailing shall occur not less than 45 days before the date set for the
23 public hearing.
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Exhibit 2
1 The City Clerk is further directed to publish a copy of this resolution in a
2 newspaper of general circulation within the City. Such publication shall occur not less
3 than fifteen (15) days before the date set for the public hearing.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of April 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
LORRAINE NT WOOD, Cit/fclerk
(SEAL) LJ o>£