HomeMy WebLinkAbout2002-04-09; City Council; Resolution 2002-1101
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RESOLUTION NO. 2002-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ENGINEERS REPORT,
DECLARING THE CITY'S INTENTION TO UPDATE AND MODIFY THE
FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2
MITIGATED NEGATIVE DECLARATION, SETTING THE DATE, TIME,
AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED UPDATE
AND MODIFICATION OF SUCH FEES AND APPROVING A DEPOSIT
OF FUNDS FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2.
(AVIARA PARKWAY - POINSETTIA LANE), ADOPTING THE
WHEREAS, the City Council of the City of Carlsbad, California, is considering the update
and modification of the fees authorized to be levied and collected within Bridge and Thoroughfare
District No. 2 ("B&TD No. 2"); and
WHEREAS, any increase in the B&TD No. 2 fees which may result from the update and
modification of the existing fees is not subject to Article Xlll D of the California Constitution; and
WHEREAS, at this time there has also been submitted a Report of the Engineer entitled
"Updated Fee Study Report For Bridge and Thoroughfare District No. 2 (Aviara Parkway -
Poinsettia Lane)" dated March 4, 2002, hereinafter referred to as "Report", said Report generally
setting forth the following:
A. Boundary map of area of benefit;
B. Description of proposed public improvements;
C. Updated estimate of cost for said improvements;
D. Method and apportionment for distribution of costs based upon benefits received
from the proposed public improvements; and
WHEREAS, at this time the City Council of the City of Carlsbad, California, is now ready to
approve the Report as submitted by the Engineer and proceed to set a time and place for a public
hearing to consider the proposed update and modification of the B&TD No. 2 fees; and
WHEREAS, the City Council finds that the Mitigated Negative Declaration for proposed
update and modification of the B&TD No. 2 fees (EIA 00-09) which was prepared, published and is
on file with the Planning Department reflects the independent judgment of the City Council of the
City of Carlsbad; and
Ill
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WHEREAS, the City is appealing a previous decision regarding damages to certain
properties as a result of the construction of road improvements for B&TD No. 2, and under
order of the Court, the City must deposit an amount estimated at $3,241,509 with the Court by
April 15, 2002.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
IMPROVEMENTS
SECTION 2. That this City Council does hereby declare its intention to proceed to
authorize the update and modification of the fees authorized to be levied and collected within
B&TD No. 2 for the purpose of financing certain of the costs and expenses relating to certain
3ublic improvements in B&TD No. 2. A general description of the improvements to be funded is as
’ollows:
The construction of major thoroughfare arterial street improvements in AVIARA PARKWAY
‘rom POINSETTIA LANE to PALOMAR AIRPORT ROAD and in POINSETTIA LANE from
4VIARA PARKWAY to EL CAMINO REAL. The works of improvement will include full-width
grading of the roadway, paved road surface for two lanes (18 foot paved section on each side of
nedian for a total of 36 feet paved section), transition pavement section at major intersections,
nedian curbs, erosion control, outside asphalt swales or berms, street drainage facilities (with the
?xception that drainage facilities in Aviara Parkway which are included in the City’s Drainage Fee
’rogram have been deleted), culverts, temporary drainage in parkway, design, contract
administration, fee administration, construction inspection, construction engineering, mitigation
neasures and land acquisition. The foregoing improvements may be referred to as the
Improvements.”
REPORT
SECTION 3. The Report, as submitted by the Engineer, is hereby approved and adopted
)y this City Council and shall be kept on file in the Office of the City Clerk and remain open for
ublic inspection.
Page 2 of 6 of Resolution No. 2002-110
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proposed District and lands and property to be charged to pay the costs and expenses of the
proposed improvements designated as “BOUNDARIES OF BRIDGE AND THOROUGHFARE
DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE)” is included as Appendix “C to the
Report, and the same is hereby approved and adopted.
COST ESTIMATE
SECTION 5. The cost estimate, as set forth in the Report of the Engineer, reflects the total
updated estimated costs for the improvements, and the method of fee allocation represents a fair
method of allocation of the costs to the area of benefit. The updated estimated cost of the
Improvements is $32,555,233.
COST ALLOCATION
SECTION 6. The above fees, as set forth in the Report of the Engineer, shall be
applicable to all property within B&TD No. 2, except for parcels with existing building permits that
are exempt from the fee, 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 with the exception that fees in Zone 19
have been satisfied by the construction of a portion of Poinsettia Lane within the boundaries of
Zone 19 as a condition of the Aviara Phase 111 tentative map.
ENVIRONMENTAL
SECTION 7. The City Council of the City of Carlsbad, California, hereby adopts the
Mitigated Negative Declaration for the proposed update and modification of the B&TD No. 2 fees
(EIA 00-OS), which was prepared, published and is on file with the Planning Department for public
inspection.
PUBLIC HEARING
SECTION 8. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 21st DAY OF
MAY, 2002, AT THE HOUR OF 6:OO O’CLOCK P.M., IN THE REGULAR MEETING PLACE OF
THIS CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, 1200CARLSBAD
VILLAGE DRIVE, CARLSBAD, CALIFORNIA, IS THE TIME AND PLACE FIXED TO CONSIDER
WHETHER OR NOT TO PROCEED TO UPDATE AND MODIFY THE FEES AUTHORIZED TO
Page 3 of 6 of Resolution No. 2002-110
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BE LEVIED AND COLLECTED WITHIN BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY-POINSETTIA LANE), AND TO CONSIDER PROTESTS OR OBJECTIONS
GENERALLY TO THE BOUNDARIES OF THE DISTRICT, THE ESTIMATED COST FOR THE
WORKS OF IMPROVEMENT AND THE METHOD AND APPORTIONMENT OF THE FEE TO
PAY FOR SAID IMPROVEMENTS, AND TO CONSIDER WHETHER THE OWNERS OF MORE
THAN 'A OF THE AREA OF THE PROPERTY TO BE BENEFITED BY THE PROPOSED
IMPROVEMENTS HAVE PROTESTED AGAINST THE SAID IMPROVEMENTS, OR ANY
PORTION THEREOF, AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED
PROCEEDINGS; AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN
PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN; AND IF
PROTESTS BY OWNERS OF MORE THAN 'A OF THE AREA OF THE PROPERTY TO BE
BENEFITED FROM THE IMPROVEMENTS ARE FILED AND NOT WITHDRAWN SO AS TO
REDUCE THE AREA REPRESENTED TO LESS THAN % OF THAT TO BE BENEFITED, THEN
THE PROPOSED PROCEEDINGS SHALL BE ABANDONED PURSUANT TO THE PROVISIONS
OF SECTION 66484 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND
SUCH FEES WILL NOT BE UPDATED AND MODIFIED AS PROPOSED.
NOTICE
SECTION 9. Notice of the public hearing shall be given pursuant to Section 65091 of the
Government Code of the State of California, and said notice shall contain preliminary information
relating to the boundaries of B&TD No. 2, the estimated costs and method of the fee
apportionment. Since the number of owners both inside B&TD No. 2 and within 300 feet of the
boundary of B&TD No. 2 to whom notice would be mailed or delivered pursuant to Section 65091
is greater than one-thousand (1,000) as shown on the current records of the county assessor, the
City in lieu of mailed or delivered notice will provide notice by placing a display advertisement of at
least one-eighth page in at least one newspaper of general circulation with the City at least ten
[IO) days prior to the hearing. For particulars, notice shall be given in the following manner:
A. Publication of the Notice of Public Hearing, said publication to be completed
at least ten (IO) days prior to the date set for the public hearing.
Page 4 of 6 of Resolution No. 2002-110
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B. Mailing Notice of Public Hearing to all owners of real property within the
boundaries of B&TD No. 2 who will be responsible to pay the updated fee, said mailing to be
completed at least ten (IO) days prior to the date set for the public hearing;
C. Mailing Notice of Public Hearing to any local agency expected to provide
water, sewage, streets, roads, schools or other essential facilities or services to the project whose
ability to provide those facilities and services may be affected, said mailing to be completed at
least ten (IO) days prior to the date set for the public hearing.
SECTION IO. For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the below designated person:
DAVID HAUSER DEPUTY CITY ENGINEER CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 TELEPHONE: (760) 602-2739
SECTION 11. That the Finance Director is authorized and directed to deposit $2,810,960
to the Bridge and Thoroughfare District No. 2 project account from the following sources:
Public Facilities Fund (PFF)
Advance from Gas Tax Fund $1,322,070
TOTAL . .
$16,946 CMWD Water Connection Fees $1,471,944
,. , ., . ,, , , , 1 , , , :,, , $2810960,
ll Page 5 of 6 of Resolution No. 2002-110
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SECTION 12. That the Finance Director is authorized and directed to deposit the amount
required by the Court, estimated at $3,241,509, from the Bridge and Thoroughfare District No. 2
fund for the appeal to the lawsuit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 9th day of APRIL , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Hall
NOES: None
(SEAL)
Page 6 of 6 of Resolution No. 2002-110