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HomeMy WebLinkAbout1998-06-16; City Council; Resolution 98-188,~NO €%QUE! BY: ,arlsbad City Clerk , ? AND WHEN RECORDED MAIL TO. Carlsbad City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 - DDC .. 1938-0336751 1234 JUN 292 1338 8:47 AH OFFICIAL RECORDS SAN DIEGO COUNTY EMDEN'S OFFICE GREGOR( J. S#ITH, GOUNTY RECORDER FEES: 0.00 THIS PAGE ADDED TO PROVIDE ADEQUATB SPA- FOR RECORDING INFORMATION (Additid ramding fee rpplim) t. f, . 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 I2 3 5 L RESOLUTION NO. 98-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA, OVERRULING AND DENY I NG PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD WEST) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY. WHEREAS, the City Council of the City of Carlsbad, California has, by Resolution, jeclared its intention to order the formation of a bridge and thoroughfare district, as authorized Jnder Section 66484 of the Government Code of the State of California, and specifically as authorized by Section 20.08.140 of the Municipal Code of the City of Carlsbad; said district to be mown and designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD NEST) (hereinafter referred to as the "District"); and WHEREAS, the Assessment Engineer did submit a "Report" generally setting forth and lescribing: (a) the boundaries of the area of benefit; (b) the estimated costs for the construction if the facilities; and (c) a method of allocation of the costs to the area of benefit; and WHEREAS, the legislative body has now conducted a duly noticed public hearing for the Iurpose of considering the establishment of said District, and all persons have had an )pportunity to speak either in favor of, or in opposition to, the proceedings and establishment of he District; and WHEREAS, protests have not been received from the owners of one-half (1/2) of the roperty to be benefitted by the facilities; and WHEREAS, this City Council now desires to proceed with the establishment of the Iistrict. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public hearing for the referenced District is hereby closed and all rotests and objections are made by less than owners of one-half (1/2) of the area of the roperty to be benefitted by the proposed improvements, and said protests are hereby overruled ind denied. -. 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 bene 1236 FORMATION OF DISTRICT SECTION 3. This City Council does hereby confirm the District and establish an area of t to be known and designed as BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD WEST). That the "Report" of the Engineer, as herewith submitted, setting forth the estimate of the costs, area of benefit and method of allocation for the costs, is hereby approved and adopted by this legislative body. AREA OF BENEFIT SECTION 4. That the area of benefit encompassed within the boundaries of the District include all those properties benefitting from the proposed improvements. The area of benefit and boundaries of the District are depicted on the map as approved by the City Council through the adoption of Resolution No. 98-154 on the 16Ih of June, 1998, a copy of which map, as approved, is on file in the Ofice of the City Clerk and open for public inspection. A copy of such map is also attached hereto as Exhibit "A" and incorporated herein by this reference. REPORT SECTION 5. That the "Report" as submitted by the Assessment Engineer, setting forth the: (a) boundaries of the area of benefit; (b) estimate of the costs; and (c) method of allocation, is herein approved and adopted, and a copy shall be kept on file in the Office of the City Clerk. IMPROVEMENTS SECTION 6. That the total improvements, a portion of which are to be funded through this District shall generally consist of the following: Full width grading of the roadway, all curbs, gutters, sidewalks, base and pavement, median landscaping and irrigation, median hardscape, street lights, street monumentation, storm drainage facilities, erosion control, guard rails, and other incidentals necessary to complete a four-lane major arterial roadway. The facilities also include two (2) 455-foot multi-span bridge structures across the salt water wetlands at the north end of Macario Canyon, and a 133-foot single-span bridge across the Agua Hedionda Creek at El Camino Real. The improvements also include modifications to the intersection of Cannon Road and El Camino Real. In addition, the project includes the cost for full mitigation of the environmental impacts of the construction of the improvements noted above. The soft costs included are design, contract administration, fee administration, construction inspection, construction engineering, mitigation monitoring and land acquisition. Ill '. 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 c 1237 COST ESTIMATE I SECTION 7. The cost estimate, as set forth in the "Report" of the Engineer, reflects the total estimated costs for the proposed works of improvement, and the method of fee allocation represents a fair method of allocation of the costs to the area of benefit. The total estimated cost of the improvements is $19,678,329. Contributions in the amount of $14,067,036 lower the unfunded cost of the fee program to $561 1,293. ALLOCATION OF COSTS SECTION 8. The above unfunded fees, as set forth in the "Report" of the Engineer, shall be applicable to all property within the area of benefit, except for publicly owned parcels, and said fees shall be payable as a condition of issuing a building permit for the property or portions of the property to be developed. TIME FOR PAYMENT SECTION 9. The above fees, as set forth in the "Report" of the Engineer, shall be applicable to all property within the area of benefit which is not exempted on the benefit area map, and said fees shall be payable as a condition of issuing a building permit for the property or portions of the property to be developed. CREDIT SECTION IO. Landowners, developers and subdividers may be entitled to receive credit For the construction of the major proposed bridge and thoroughfare improvements, as authorized by these proceedings, said credit is limited to the total amount of Bridge and Thoroughfare District fee which would be payable by the developer but not-to-exceed the Estimated Cost of the Improvements. Credits, once determined, shall be considered to run with the land and be awarded on a building permit-by-permit basis to whomever is listed as the building permit permittee. Any reimbursements shall be made in accordance with City Council policy. PUBLIC AGENCIES SECTION 11. Any project by a public agency or public entity shall be exempt from the ees as herein approved for this District and these facilities. Il '. 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 ertifi RE &#ION SECTION 12. Immediately upon adoption of this Resolution, the City Clerk shall cause a d copy of this Resolution, together with the attached Exhibit, to be recorded in the Office of the County Recorder, and a copy of said Resolution shall be kept on file in the Office of the City Engineer and a copy of said Resolution shall be kept in the Office of the City Clerk and remgin open for public inspection. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16 day of June , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard & Hall NOES: None ATTEST: l%Z&Ld, Rm-, ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 7 7 C n :I240 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO, ) ss. I, Aletha L. Rautenkranz, City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Council Resolution No. 98-188 a Reaular original Council Resolution No. 98-188 contains a full, true and correct copy therefrom and of the whole thereof. passed and adopted by said City Council, at meeting thereof, at the time and by the vote therein stated, which is now in my office: that the same Witness my hand and the seal of said City of Carlsbad, this 24 th day of June, 1998 (SEAL) - ALETHA L. RAUTENKRANZ, City dlerk % II 0 0 k" L7$y: { i :.,flJ . .*.~' p--\ P!:y.i! Q- 1 /I RESOLUTION NO. 98-188 2 3 4 5 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD WEST) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY. WHEREAS, the City Council of the City of Carlsbad, California has, by Resolution declared its intention to order the formation of a bridge and thoroughfare district, as authorize1 ll under Section 66484 of the Government Code of the State of California, and specifically am 8 authorized by Section 20.08.140 of the Municipal Code of the City of Carlsbad; said district to bl known and designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROA[ WEST) (hereinafter referred to as the "District"); and 9 10 I1 WHEREAS, the Assessment Engineer did submit a "Report" generally setting forth an1 describing: (a) the boundaries of the area of benefit; (b) the estimated costs for the constructiol of the facilities; and (c) a method of allocation of the costs to the area of benefit; and 12 13 1.4 15 WHEREAS, the legislative body has now conducted a duly noticed public hearing for thl purpose of considering the establishment of said District, and all persons have had a opportunity to speak either in favor of, or in opposition to, the proceedings and establishment c the District; and 16 17 18 WHEREAS, protests have not been received from the owners of one-half (1/2) of th 19 property to be benefitted by the facilities; and 20 WHEREAS, this City Council now desires to proceed with the establishment of th 21 22 11 District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 23 RECITALS 24 25 SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public hearing for the referenced District is hereby closed and i protests and objections are made by less than owners of one-half (1/2) of the area of tl- property to be benefitted by the proposed improvements, and said protests are hereby overrule and denied. 26 27 28 1 0 0 FORMATION OF DISTRICT 2 SECTION 3. This City Council does hereby confirm the District and establish an area o 3 8 AREA OF BENEFIT 7 approved and adopted by this legislative body. 6 forth the estimate of the costs, area of benefit and method of allocation for the costs, is hereb; 5 (CANNON ROAD WEST). That the "Report" of the Engineer, as herewith submitted, settin! 4 benefit to be known and designed as BRIDGE AND THOROUGHFARE DISTRICT NO. : SECTION 4. That the area of benefit encompassed within the boundaries of the Distric 9 10 include all those properties benefitting from the proposed improvements. The area of benef 12 the adoption of Resolution No. 98-154 on the 16th of June, 1998, a copy of which map, a 11 and boundaries of the District are depicted on the map as approved by the City Council througl map is also attached hereto as Exhibit "A and incorporated herein by this reference. 13 approved, is on file in the Office of the City Clerk and open for public inspection. A copy of sucl 14 REPORT 15 SECTION 5. That the "Report" as submitted by the Assessment Engineer, setting fort' 16 is herein approved and adopted, and a copy shall be kept on file in the Office of the City Clerk. l7 the: (a) boundaries of the area of benefit; (b) estimate of the costs; and (c) method of allocatior 18 IMPROVEMENTS 19 SECTION 6. That the total improvements, a portion of which are to be funded throug 2o this District shall generally consist of the following: 21 22 23 24 25 26 27 Full width grading of the roadway, all curbs, gutters, sidewalks, base and pavement, median landscaping and irrigation, median hardscape, street lights, street monumentation, storm drainage facilities, erosion control, guard rails, and other incidentals necessary to complete a four-lane major arterial roadway. The facilities also include two (2) 455-foot multi-span bridge structures across the salt water wetlands at the north end of Macario Canyon, and a 133-foot single-span bridge across the Agua Hedionda Creek at El Camino Real. The improvements ais0 include modifications to the intersection of Cannon Road and El Camino Real. In addition, the project includes the cost for full mitigation of the environmental impacts of the construction of the improvements noted above. The soft costs included are design, contract administration, fee administration, construction inspection, construction engineering, mitigation monitoring and land acquisition. 28 Ill ' II 0 0 1 SECTION 7. The cost estimate, as set forth in the "Report" of the Engineer, reflects the 2 COST ESTIMATE 3 7 unfunded cost of the fee program to $5,611,293. 6 cost of the improvements is $19,678,329. Contributions in the amount of $14,067,036 lower thc 5 represents a fair method of allocation of the costs to the area of benefit. The total estimate( 4 total estimated costs for the proposed works of improvement, and the method of fee allocatior ALLOCATION OF COSTS 8 SECTION 8. The above unfunded fees, as set forth in the "Report" of the Engineer 9 TIME FOR PAYMENT 12 portions of the property to be developed. 11 and said fees shall be payable as a condition of issuing a building permit for the property o 10 shall be applicable to all property within the area of benefit, except for publicly owned parcels SECTION 9. The above fees, as set forth in the "Report" of the Engineer, shall bl 13 14 map, and said fees shall be payable as a condition of issuing a building permit for the property c 15 applicable to all property within the area of benefit which is not exempted on the benefit are, portions of the property to be developed. 16 17 SECTION IO. Landowners, developers and subdividers may be entitled to receive cred 18 CREDIT l9 for the construction of the major proposed bridge and thoroughfare improvements, as authorize 20 21 22 23 24 25 26 by these proceedings, said credit is limited to the total amount of Bridge and Thoroughfar District fee which would be payable by the developer but not-to-exceed the Estimated Cost ( the Improvements. Credits, once determined, shall be considered to run with the land and b awarded on a building permit-by-permit basis to whomever is listed as the building pert" permittee. Any reimbursements shall be made in accordance with City Council policy. PUBLIC AGENCIES SECTION 11. Any project by a public agency or public entity shall be exempt from tt 27 fees as herein approved for this District and these facilities. 28 Ill II 0 RECORDATION SECTION 12. Immediately upon adoption of this Resolution, the City Clerk shall cause i certified copy of this Resolution, together with the attached Exhibit, to be recorded in the Offict of the County Recorder, and a copy of said Resolution shall be kept on file in the Office of tht City Engineer and a copy of said Resolution shall be kept in the Office of the City Clerk an( remain open for public inspection. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc held on the 16 day of June , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard & Hall NOES: None ATTEST: &a- 'de .A%&L,J- 1 ,f_3" ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL)