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Home My WebLink About1998-05-19; City Council; Resolution 98-1541 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 E- & ;,\ i L$ ,.2 / ” RESOLUTION NO. 98-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER’S REPORT, INCLUDING APPROVAL OF THE MAP ESTABLISHING AREA OF BENEFIT, DECLARING THE CITY’S INTENTION TO FORM A DISTRICT AND SETTING TIME AND PLACE FOR A PUBLIC HEARING ON THE FORMATION OF BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD WEST). WHEREAS, the City Council of the City of Carlsbad, California, is consider formation of a bridge and thoroughfare district, as authorized under Section 66484 Government Code of the State of California, and specifically as authorized by Section 20 of the Municipal Code of the City of Carlsbad; said district to be known and design; BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD WEST). her referred to as the “District”; and WHEREAS, the imposition of a Bridge and Thoroughfare fee is not sut Article Xlll D of the California Constitution; and WHEREAS, the proposed improvements are in conformance to the circulation ele the General Plan of the City of Carlsbad; and WHEREAS, at this time there has also been submitted a “Report” of the Engine “Report” generally setting forth the following: A. Boundary map of area of benefit; B. Description of proposed public facilities; C. Estimate of cost for said facilities; D. Method and apportionment for distribution of costs based upon benefits receiv the proposed public facilities; and WHEREAS, at this time this legislative body is now ready to preliminarily appr “Report‘ as submitted by the Engineer and proceed to set a time and place for a public on said District. Ill Ill 0 0 1 2 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 2. That this City Council does hereby declare its intention to pro1 5 IMPROVEMENTS 4 SECTION 1. That the above recitals are all true and correct. 3 RECITALS 6 include the following: 9 improvements, a portion of which are to be funded in Bridge and Thoroughfare Distric 8 of the costs and expenses relating to major public improvements in said District. T 7 authorize the formation of a bridge and thoroughfare district for the purpose of financing 10 11 12 13 14 15 Full width grading of the roadway, all curbs, gutters, sidewalks, base and pavement, landscaping and irrigation, median hardscape, street lights, street monumentation drainage facilities, erosion control, guard rails, and other incidentals necessary to con four-lane major arterial roadway. The facilities also include two (2) 455-foot multi-spar structures across the salt water wetlands at the north end of Macario Canyon, and a ’ single-span bridge across the Aqua Hedionda Creek at El Camino Real. The improv also include modifications to the intersection of Cannon Road and El Camino Real. In i the project includes the cost for full mitigation of the environmental impacts of the cons of the improvements noted above. The soft costs included are design, contract admini: fee administration, construction inspection, construction engineering, mitigation monitor land acquisition. 16 17 “REPORT” SECTION 3. The “Report”, as submitted by the Engineer, is hereby preli 18 approved and adopted by this City Council and shall be kept on file in the Office of the Ci and remain open for public inspection. 19 20 “MAP” - SECTION 4. That a map of the District, showing the boundaries and area of be 21 22 11 the proposed District and lands and property to be charged to pay the costs and expense 23 proposed improvements designated as “PROPOSED BOUNDARIES OF BRlDGf THOROUGHFARE DISTRICT NO 3 (CANNON ROAD WEST)’’ is included as Appendi: 24 25 the Report, and the same is hereby approved and adopted. Ill Ill 26 27 28 ll 0 0 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 COST ESTIMATE SECTION 5. The cost estimate, as set forth in the "Report" of the Engineer, reflc total estimated costs for the proposed works of improvement, and the method of fee a1 represents a fair method of allocation of the costs to the area of benefit. The total estima of the improvements is $19,678,329. Contributions in the amount of $14,067,036 lo unfunded cost of the fee program to $5,611,293. COST ALLOCATION SECTION 6. The above unfunded fees, as set forth in the "Report" of the Engine( be applicable to all property within the area of benefit, and said fees shall be payab condition of issuing a building permit for the property or portions of the property to be dew PUBLIC HEARING SECTION 7. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 16TH DAY OF 1998, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE 0 CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, 1200 CARLSBAD VI DRIVE, CARLSBAD, CA 92008, IS THE TIME AND PLACE FIXED TO CONSIDER WHI OR NOT TO PROCEED TO ESTABLISH THE PROPOSED BRIDGE AND THOROUGI DISTRICT TO BE KNOWN AS BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (C/ ROAD WEST), AND TO CONSIDER PROTESTS OR OBJECTIONS GENERALLY T( BOUNDARIES OF THE PROPOSED DISTRICT, THE ESTIMATED COST FOR THE v\ OF IMPROVEMENT AND THE METHOD AND APPORTIONMENT OF THE FEE TO PA SAID FACILITIES, AND TO CONSIDER WHETHER THE OWNERS OF MORE THAN THE AREA OF THE PROPERTY TO BE BENEFITED BY THE PROPOSED IMPROVE HAVE PROTESTED AGAINST THE SAID IMPROVEMENT, OR ANY PORTION THE 'AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS; AN AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFOR TIME SET FOR HEARING REFERRED TO HEREIN; AND IF PROTESTS BY OWNEI MORE THAN W OF THE AREA OF THE PROPERTY TO BE BENEFITED ARE FlLEI ~ 28 II 0 0 1 II NOT WITHDRAWN SO AS TO REDUCE THE AREA REPRESENTED TO LESS THAP 2 3 4 5 6 7 THAT TO BE BENEFITED, THEN THE PROPOSED PROCEEDINGS SHALL BE ABANI PURSUANT TO THE PROVISIONS OF SECTION 66484 OF THE GOVERNMENT CC THE STATE OF CALIFORNIA. NOTICE SECTION 8. Notice of the public hearing shall be given pursuant to Section 6509 Government Code of the State of California, and said notice shall contain preliminary info 8 apportionment. For particulars, notice shall be given in the following manner: 9 relating to the boundaries of the area of benefit, the estimated costs and method of 10 A. Mailing Notice of Public Hearing to all owners of real property wii 11 for the public hearing; 12 boundaries of the District, said mailing to be completed at least ten (1 0) days prior to the c 13 B. Mailing Notice of Public Hearing to any local agency expected to 1 14 completed at least ten (IO) days prior to the date set for the public hearing. 16 whose ability to provide those facilities and services may be affected, said mailing 15 water, sewage, streets, roads, schools or other essential facilities or services to the 17 C. Mailing Notice of Public Hearing to all owners of real property as shc 18 to be completed at least ten (IO) days prior to the date of the public hearing. I9 the latest equalized assessment roll within 300 feet of the boundaries of the District, said I 20 D. Publication of the Notice of Public Hearing, said publication 21 completed at least ten (IO) days prior to the date set for the public hearing. 22 Ill 23 24 25 26 27 28 Ill Ill Ill Ill Ill Ill ll 0 e 1 SECTION 9. For any and all information relating to these proceedings, in 2 3 information relating to protest procedure, your attention is directed to the below des' person: 4 5 6 7 8 DAVID HAUSER ASSISTANT CITY ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 TELEPHONE: (760) 438-1 161, EXTENSION 4362 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 1 g held on the 19 day of May , 1998 by the following vote, to wit: 10 AYES: Council Member Finnila, Nygaard, Hall 11 NOES: N~~~ ABSENT: Council Members Lewis & Kulchin 12 13 14 &-.--" 3- -n ,E A. LEWIS, Mayor 15 RAMONA FINNILA, Mayor Pro Tern 16 ATTEST: 27 18 19 20 21 22 23 24 25 26 27 28 ?. . / .Rp* *L%Y~~~ENK~N~, atyz>\ (SEAL)