HomeMy WebLinkAbout1986-07-01; City Council; 8495-7; Palomar Airport Road West Assessment District Debt Limit Public Hearing*
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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
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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.
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LOCATION MAP .-;' a** ,
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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
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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.
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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
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dL.
LtR, Mayor '
& ATTEST:
?
(SEAL)
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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
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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)
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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.
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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)