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HomeMy WebLinkAbout1986-07-01; City Council; 8495-7; Palomar Airport Road West Assessment District Debt Limit Public Hearing* L3 9 0 CY CL L 4 .. z 0 0 ’ 1 g 3 0 0 a 0 w -=I CIO)OF CARLSBAD - AGENaBILL (1 4 AB# fC/9r-&7 TITLE: DEPT. HD.~ CITY AlTfi MTG,07/01/86 PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT DEBT DEPT. AD LIMIT PUBLIC HEARING CITY MGR.- RECOMMENDED ACTION: 1. Adopt Resolution No. 8%d 9 overruling and denying protests. 2. Adopt Resolution No. r6- finding and determining public interest, convenience and necessity (4/5th vote required). 3. Adopt Resolution No. rbs1 ordering changes and modif icatior to the proceedings in a special assessment district and appropriating funds. 4. Close the Public Hearing and direct staff to proceed with the processing of the Assessment District. ITEM EXPLANATION: On January 28, 1986, the City Council adopted Resolution Nos. 8368, 8369, 8370, and 8371 adopting proposed boundaries of the Assessment District, making appointments, and setting March 4, 1986 as a publj hearing. The City Council has continued the public hearing several times and public testimony was concluded on May 6, 1986. At the May 6, 1986 meeting, staff presented a revised district whic reduced the total district cost from $5.1 million to $4.13 million. In addition, staff recommended a City contribution to construct the center four (4) lanes of the street at a cost of $1,780,000. Also, because portions of the property owned by the Carltas Company and Paul Ecke Sr. cannot now be developed, staff recommended an additional contribution of $331,000 to construct the street along those properties. This amount will be repaid when the properties develop. Council directed staff to prepare reimbursement agreements and return to Council with all documents to approve the district. Negotiating with the property owners over the terms of the reimbursement agreements took some time but are now close to being accomplished. Staff will return to Council within 30 days with the agreements. The next step in the process is to begin the design work and the formal Engineer’s Report for the formation of the assessment district. FISCAL IMPACT: Council has previously appropriated $80,000 for the formation of the district. In order to carry the proceedings forward, an e e Page 2 of Agenda Bill No. rq7dfl-*7 additional appropriation of $2,100,000 will be involved in the FY '86-87 C.I.P. for the Engineer's Report, design of the road, and a contribution to construction. Of this amount, $331,000 will be reimbursed by the Carltas Company and Paul Ecke Sr. when their properties develop. EXHIBITS : 1. Location Map 2. Resolution No. riq ft overruling and denying protests. 3. Resolution No. 86- finding and determining public interes 4. Resolution No. f63-/ ordering changes and modifications to convenience and necessity (4/5th vote required). the proceedings in a special assessment district and appropriating funds. I LOCATION MAP .-;' a** , 0. 0. *. *. e.. 0. 0. a. *. *. ,. -. .... ....... ..e. ..*- ,.e* : ..*.. *.***.. e-.. -. e-. .*...******.(*-* .' 9 .. =. .*. . .e. .'. .* *.=* .. . . =..-. 4 4 --mm--- ............... / . . *. A z. .* P 0: ............... ..* *:. '8 -. . .. *' : PALOMAR .... :. -9 .< ?........................................ .... ..' 6 &:!::: c 0. , .;; .. .. ... ,. .......................... SITE .1\- -, - 1. '. :==:::!*:.. ':a , ......... LEGEND ASSESSM ENT 0 1 STRICT BOU N OARY vIcm MAP N. T. S. PROJECT NM#E PALOMA R AI RPORT ROAD 'PRO& No* EXHIBIT ASSESSMENT DISTRI CT 31 51 1 'i 1 2 4 5 6 7 a 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 20 0 0 RESOLUTION NO. 8649 RESOLUTION OF THE CITY COUNCIL OF 3. THE CITY OF CARLSBAO, CALIFORNIA, . MAKING FINDINGS AND OETERMINATIONS, AND OVERRULING AN0 OENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAO, CALIFOR has heretofore commenced proceedings pursuant to the provisions the "Special Assessment Investigation, Limitation and Major Protest Act of 1931", being Division 4 of the Streets and Highr Code of the State of California, for the construction of cert public works of improvement, together with appurtenances appurtenant work, in a special assessment district known designated as ASSESSMENT DISTRICT NO. 86-1 (PA-LOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, a time and place for public hearing, pursuant said "Special Assessment Investigation, Limitation and Majoi Protest Act of 1931" has been set; and, WHEREAS, notice of the public hear-ing was given in the mar and form as required by law, and, at the time for said pul hearing, all protests, written or oral, to the proceedings, all matters related to the report for the Assessment Distri were considered, and all persons had an opportunity to appear present testimony relating to said Assessment District; and, WHEREAS, at said time of the public hearing, all matters to the method and formula of the assessment spread and the de' mination as to whether or not the property did receive a bene. and whether the assessments were apportioned in accordance benefit were considered. 1 2 3. 4 5 6 7 a 9 10 11 12 13 - 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and corrc SECTION 2. That all protests and objections of every I and nature be, and the same hereby are, overruled and denied, it is further determined that said protests and objections made by the owners of 'less than one-half (1/2) of the area property to be assessed for said improvements within said Assc ment District. SECTION 3. That it is hereby further determined that properties within the boundaries of the Assessment Disti receive a local and direct benefit from the works of improve1 as proposed for said Assessment District, and it is hereby furl determined and declared that all assessable costs and exper have been apportioned and spread over the properties within boundaries of the Assessment District in direct proportion to benefits received thereby. SECTION 4. That the Engineer's m.ethod of spread and api tionment of all costs is hereby adopted and approved as bein correct and proper apportionment and distribution of all assc able costs for these works of improvement. PASSED, APPROVED and ADOPTED at a regular meeting of the I , 1986, by Council held on the 1st day of July #- following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pett; NAYS: None ABSENT: None 2 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 0 0 dL. LtR, Mayor ' & ATTEST: ? (SEAL) 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 0 0 RESOLUTION NO. 8650 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FINDING REST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS; THAT THE PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT AND DETERMINING THAT THE PUBLIC INTE- THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, C HEREBY RESOLVE AS FOLLOWS: SECTION 1. That all protests and objections be overruled denied on the express finding that they are made by the owners less than one-half (1/2) of the area to be assessed. SECTION 2. That the public interest, convenience and nec sity require certain public works of improvement and appurtenar and appurtenant work in a special assessment district known. designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District") subs1 tially as set forth in the "Report" thereof filed under the prc sions of the "Special Assessment Investigation, Limitation Majority Protest Act of 1931", being Division 4 of the Streets Highways Code of the State of California. SECTION 3. That the project is feasible and that the lI to be assessed will be able to carry the burden of the propc assessment, and that the limitations of the amounts of assessmi provided for in Division 4 of the Streets and Highways Code of State of California be disregarded both with respect to 1 2 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 l8 19 20 21 22 23 24 25 * 26 27 20 e 0 limitation on the Assessment District, as a whole, and as to limitation on individual specific assessments. 3- SECTION 4. That by this Resolution, it is the intentior this City Council to make all findings by the affirmative f fifths (4/5ths) vote of all members thereof that all determ tions as to feasibility and necessity to disregard the limitat and proceedings set up in Division 4 as therein provided be and determined, PASSED, APPROVED and ADOPTED at a regular meeting of the Council held on the .lst day of July , 1986, by following vote, to wit: AYES: HAYS: None Council Members Casler, Lewis, Kulchin, Chick and Pett. ABSENT: None d. & LtR, Mayor ATTEST: &J&- ‘mHA L, RA (SEAL) 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 27 28 * e- RESOLUTION NO. 8651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS TO THE PROCEEDINGS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNI has adopted a Resolution Covering Preliminary Determination relat ing to certain public works of improvement in a special assessmer district, with said proceedings to be conducted pursuant to th terms and provisions of the "Special Assessment Investigation Limitation and Majority Protest Act of 1931", being Division 4 o the Streets and Highways Code of the State of California, in district known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, a public hearing was held and conducted on th proposed works of improvement and "Report", and this Council i desirous to order certain changes and modifications to thl proceedings; and, WHEREAS, it appears that said changes and modifications ar in the best public benefit and should be so ordered to be made a this time. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true anc correct. SECTION 2. That the public interest, convenience ani necessity require, and it is hereby ordered that certain change: and modifications be made in the proceedings. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o %I 22 23 24 25 26 27 28 0 e SECTION 3. That a contribution is hereby authorized an appropriation is made in the amounts and for the purposes as se forth below: SOURCE PURPOSE EST I MATEC OF FUN-DS OF- FUNDS AMOUNT Public Facilities Engineer's Report $2,100,00( Fee Design and Construction of Street Improvements SECTION 3. That the "Report", as filed pursuant to sai Division 4, shall immediately be modified to reflect the abov mentioned changes. PASSED, APPROVED and ADOPTED at a regular meeting of the Cit Council held on the 1st I day of July , , 1986, by th following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None LtR, Mayor d. & ATTEST : mHA L. RAUTtNKRANL 3 LltY Wrk l?ALzd%/R- (SEAL)