Loading...
HomeMy WebLinkAbout2003-09-16; City Council; Resolution 2003-2441 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 RESOLUTION NO. 2003-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL REPORT OF THE ASSESSMENT ENGINEER, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, CONFIRMING THE ASSESSMENTS AND ORDERING THE ACQUISITION OR CONSTRUCTION OF IMPROVEMENTS, TOGETHER WITH (COLLEGE BOULEVARD AND CANNON ROAD EAST). APPURTENANCES, IN ASSESSMENT DISTRICT NO. 2003-01 WHEREAS, the City Council of the City of Carlsbad, California, has previously adopted its Resolution of Intention and initiated proceedings for the acquisition or construction of certain mprovements, together with appurtenances and appurtenant work described in Exhibit A 3ttached hereto and incorporated herein by this reference (collectively, the “Improvements”), in a special assessment district pursuant to the terms and provisions of the “Municipal Improvement 4ct of 1913, being Division 12 of the Streets and Highways Code of the State of California :the “Improvement Act”), such special assessment district known and designated as Assessment District No. 2003-01 (College Boulevard And Cannon Road East) (the “Assessment District”); and WHEREAS, pursuant to such Resolution of Intention, a report (the “Preliminary Engineer’s Report”) of Galen N. Peterson, Consulting Engineer, (the “Assessment Engineer”), as therein xdered and as required by the Improvement Act, Article XlllD of the Constitution of the State of Zalifornia (“Article XlllD”) and the Proposition 21 8 Implementation Act (Government Code Section 53750 and following) (the Improvement Act, Article XlllD and the Implementation Act are referred :o herein collectively as the “Assessment Law”), was presented, considered and preliminarily approved; and WHEREAS, as a result of the receipt of bids for the construction of certain of the mprovements, the Assessment Engineer has revised the Preliminary Engineer‘s Report to reflect such bids and submitted to the City Council a final Engineer’s Report (the “Final Engineer’s qeport”); and WHEREAS, the Final Engineer‘s Report, as prepared and submitted, contains all the natters and items called for pursuant to the provisions of the Assessment Law, including the ‘ollowing: 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 A. The plans and specifications for the Improvements proposed to be acquired or constructed; 8. The Assessment Engineer’s estimate of the itemized and total costs and expenses of the construction of the Improvements and of the incidental expenses in connection therewith contained in the Final Engineer’s Report including that portion of such costs and expenses representing the special benefit to be conferred by such Improvements on those parcels within the Assessment District; C. The diagram showing the Assessment District referred to and described in such Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of such Resolution of Intention, each of which subdivisions have been given a separate number upon such diagram; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the Improvements to be acquired or constructed, and of the incidental expenses thereof; and E. WHEREAS, the City Council did set the time and place for a public hearing for hearing protests to the proposed Improvements, the extent of the Assessment District or to the proposed assessment; and A description of the Improvements to be acquired or constructed. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the City Clerk of the City as the tabulation official appointed by the City Council, all in the manner provided by the Assessment Law; and ill ill Page 2 of Resolution No. 2003-244 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 WHEREAS, the City Clerk has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots; and WHEREAS, at this time based upon the Certificate of Tabulation Official this City Council determines that the assessment ballots received in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist; and WHEREAS, as required by the City Council Policy 33 (“Policy 33”), the City’s Special District Review Committee has reviewed this Assessment District and found that the Assessment District complies with the terms and conditions of Policy 33 except for paragraph 8 thereof requiring that all property proposed to be included within the Assessment District shall have received environmental review and approval of all land use entitlements such as zoning, master plans, or Local Facilities Management Plans and regulatory permits; and WHEREAS, Policy 33 provides that the City Council may approve an assessment district that includes some land without such land use entitlements if the improvements to be financed are consistent with the General Plan, and if the City Council finds that the improvements are required in the public interest; and WHEREAS, Calavera Hills II LLC, the applicant for the Assessment District, has requested that the assessments be permitted to pass-through to the prospective purchasers of the individual lots within the proposed Assessment District; and WHEREAS, the Special District Review Committee has reviewed this pass-through request and recommends that the City Council approve such request since, as required by City Policy 33, the estimated total amount of taxes, assessments and special taxes appearing on the property tax bill will not exceed 1.8 percent of the initial sales price of any residential dwelling unit to each prospective homeowner; and Ill Page 3 of Resolution No. 2003-244 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 WHEREAS, the Special District Review Committee has recommended that the City Council proceed with the formation of the Assessment District; and WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the Final Engineer's Report as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. RECITALS. The above recitals are all true and correct. FINDINGS. Based upon the determinations and recommendations of the Special District Review Committee, the Final Engineer's Report, the staff report and the foregoing recitals, this City Council hereby finds that: A. the proposed Assessment District complies with the terms and conditions of Policy 33 except for paragraph 8 thereof requiring that all property proposed to be included within the Assessment District shall have received environmental review and approval of all land use entitlements such as zoning, master plans, or Local Facilities Management Plans and regulatory permits; B. the necessary entitlements have been obtained for that portion of the proposed Assessment District commonly known as Calavera Hill but such entitlements have not been obtained for that portion commonly known as Robertson Ranch East; C. the Improvements proposed to be acquired by the City from the proceeds of bonds issued for the Assessment District include two roadway improvements that are a part of the City's General Plan circulation system, Le., 4 lanes of College Boulevard from Carlsbad Village Drive to Cannon Road and 4 lanes of Cannon Road from El Camino Real to College Boulevard, which are necessary to complete important links in the City's traffic circulation system, the primary purpose for utilizing Special District financing pursuant to Policy 33; D. are required in the public interest; Ill Ill Page 4 of Resolution No. 2003-244 the Improvements proposed to be financed through the Assessment District 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. the estimated total amount of taxes, assessments and special taxes appearing on the property tax bill for lots within the Assessment District will not exceed 1.8 percent of the initial sales price of any residential dwelling unit to each prospective homeowner; and F. the assessment ballots submitted pursuant to the Assessment Law in favor of the assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to the assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law does not exist. 3. SPECIAL BENEFITS RECEIVED. Based upon the Final Engineer’s Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. All properties within the boundaries of the Assessment District receive a special benefit from the Improvements; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirely of the cost of construction of the Improvements; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the Improvements; D. E. Only special benefits have been assessed; and There are parcels both within and outside of the Assessment District which are owned or to be owned by non-profit public benefit organizations and home owners associations or to be owned by the City and Carlsbad Unified School District which are agencies as such term is defined in Article XlllD and other such parcels owned and which specially benefit from the Improvements. A contribution equal to the special benefit to be received by such parcels shall be made by Calavera Hills II LLC in the form of a reduced purchase price for the acquisition of the Improvements. I// If/ Page 5 of Resolution No. 2003-244 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 4. PUBLIC INTEREST AND CONVENIENCE. The public interest and convenience require the acquisition or construction of the Improvements and, therefore, it is hereby ordered that the Improvements be acquired or constructed, as set forth in the Resolution of Intention previously adopted and as set forth in the Final Engineer’s Report presented and considered, and as now approved. 5. FINAL ENGINEER’S REPORT. The Final Engineer’s Report, as now submitted, is hereby approved and such Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District. 6. CONFIRMATION OF ASSESSMENTS. The assessments, as now filed in the Final Engineer’s Report and diagram for the Improvements to be acquired or constructed, together with appurtenances and appurtenant work in connection therewith, are hereby confirmed. The assessments contained in the Final Engineer’s Report are hereby levied and approved as follows: A. The final assessments represent the costs and expenses to finance that portion of the cost of construction of the Improvements representing the special benefit conferred by the Improvements on the parcels within the Assessment District, as authorized for these proceedings. B. The annual assessment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in the Final Engineer’s Report. This City Council hereby approves a pass-through of the assessments to the purchasers of individual lots subject to the approval by the City Council of a disclosure program as required by paragraph 16 of Policy 33. 7. RECORDATION OF ASSESSMENT. The City Clerk shall forthwith deliver to the Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with her certificate of such confirmation attached and the date thereof; and that such Superintendent of Streets shall then immediately record such diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. Page 6 of Resolution No. 2003-244 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 8. COUNTY RECORDER NOTICE. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. 9. MAILED NOTICE. Upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assessment District at his last known address, as such address appears on the last equalized tax rolls of the County, such notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the “Improvement Bond Act of 191 5”. 10. PUBLICATION. Notice shall also be given by publication in a newspaper of general circulation, such notice setting forth the amount of the final assessment and indicating that such assessment is now due and payable, and further indicating that if such assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. 11. ASSESSMENT COLLECTION. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked “public improvement assessment” or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that such entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. Iff Iff Page 7 of Resolution No. 2003-244 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 As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector andlor other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as “unknown owners”, and extend the proper installment opposite the same. 12. ASSESSMENT VERIFICATION STATEMENT. The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for such delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is specifically made pursuant to the authorization of Section 8683 of the Streets and Highways Code of the State of California. 13. ASSESSMENT DISTRICT FUNDS. The Finance Director is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. IMPROVEMENT FUND: All monies received from cash collections shall be placed into the Improvement Fund. B. REDEMPTION FUND: All monies received from the payment of assessments shall be placed in the Redemption Fund. Ill Ill Ill Page 8 of Resolution No. 2003-244 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 For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in a Bond Indenture to be approved by the subsequent adoption of a Resolution Authorizing the Issuance of Bonds. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the , 2003 by the following vote, to wit: Sity of Carlsbad on the 16th day of SEPTEMBER AYES: Council Members Lewis, FinnpEi), Kulchin, Hall, Packard NOES: None ABSENT: None ATTEST: 8 LORRAINE M. W~D, City Clerk' Page 9 of Resolution No. 2003-244 (SEAL) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 EXHIBIT A DESCRIPTION OF IMPROVEMENTS Improvement No. 1. College Boulevard/Cannon Road connection as follows: College Boulevard from Cannon Road to Carlsbad Village Drive College Boulevard from south end of Calavera Hills II development to Carlsbad Village Drive (Reach C, full width) - full width grading to major arterial standards including slopes not adjacent to development and any surcharge (but not to include grading outside of the right-of-way in future developed areas), additional grading and improvements for meandering regional trail for bicycles and pedestrians in a public trail easement which is a part of the City-wide trail system, asphalt pavement to major arterial standard width on each side of a raised improved (hardscaping, landscaping and irrigation) median, modification of existing median north of Carlsbad Village Drive to provide left turn pocket, non-master plan storm drain facilities ( which excludes any Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), curb, gutter and sidewalk, bus turnout and furniture, street lighting, median curb, sewer, water and reclaimed water lines and appurtenances (excluding any portion of such costs reimbursable from sewer and/or water connection fees), erosion control landscaping and irrigation (located within an easement granted to the City), traffic signal at Carlsbad Village Drive and College Boulevard (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and signage, protection and relocation of existing utilities as required, dry utilities’ within the right-of-way, as well as environmental mitigation costs’ and incidental costs of construction as described in the Acquisition/Financing Agreement. College Boulevard from Cannon Road to south end of Calavera Hills II development (Reach B center lanes) - full width grading to major arterial standards including slopes not adjacent to development and any surcharge (but not to include grading outside of the right-of-way in future developed areas), additional grading for meandering regional trail for bicycles and pedestrians in a public trail easement which is a part of the City-wide trail system, 18 feet of pavement on each side of a raised unimproved (with an AC cap) median, non-master plan storm drain facilities (which excludes any Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), median curb, sewer, water and reclaimed water lines and appurtenances (excluding any portion of such costs reimbursable from sewer and/or water connection fees), erosion control landscaping and irrigation (located within an easement granted to the City), transition to full improvements at inlet locations, southerly boundary of Calavera Hills and Cannon Road intersection including curb, gutter and additional paving, traffic signal at Cannon Road and College Boulevard (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and signage, protection and relocation of existing utilities as required, as well as environmental mitigation costs’ and incidental costs of construction as described in the AcquisitiordFinancing Agreement. 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 Cannon Road from El Camino Real to College Boulevard (Reach 3 center lanes) - full width grading to major arterial standards including slopes not adjacent to development and any surcharge (but not to include grading outside of the right-of-way in future developed areas), additional grading for meandering regional trail for bicycles and pedestrians in a public trail easement which is a part of the City-wide trail system, 18 feet of pavement on each side of a raised unimproved (with AC cap) median, any transition improvements needed along El Camino Real, non-master plan storm drain facilities (which excludes any Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), street lighting (partial), median curb, sewer, water and reclaimed lines and appurtenances (excluding any portion of such costs reimbursable from sewer and/or water connection fees), erosion control landscaping and irrigation (located within an easement granted to the City), transition to full improvements at inlet locations and Cannon Road with College Blvd and El Camino Real intersections including curb, gutter and additional paving, signal modification at Cannon Road and El Camino Real (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and signage, as well as environmental mitigation costs’ and incidental costs of construction as described in the Acquisition/Financing Agreement. Detention Basin BJB (partial) - grading and construction of a 49 acre-foot Drainage Master Planned storm water retention basin, access road, and outlet structure (excluding any portion of the costs subject to reimbursement from Local Drainage Area Fees), as well as environmental mitigation costs’ and incidental costs of construction as described in the Acquisition/Financing Agreement. Improvement No. 2. College Boulevard from Cannon Road to south end of Calavera Hills II development (Reach B frontage improvements) - demolition of interim improvements, 12.5 feet of pavement (outside lanes), curb and gutter, sidewalk, meandering trail, street lighting, median hardscape, landscape and irrigation, dry utilities’ within the right-of-way, striping and signage, traffic signals (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees) and appurtenances, sound walls, arterial road setback landscaping and irrigation, as well as environmental mitigation costs’ and incidental costs of construction as described in the Acquisition/Financing Agreement. Improvement No. 3. Cannon Road from El Camino Real to College Boulevard (Reach 3 frontage improvements) - demolition of interim improvements, 12.5 feet of pavement (outside lanes), curb and gutter, sidewalk, meandering trail, street lighting, median landscape and irrigation and median paving, dry utilities’ within the right-of-way, striping and signage, traffic signals (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees) and appurtenances, sound walls, arterial road setback landscaping and irrigation, as well as environmental mitigation costs’ and incidental costs of construction as described in the AcquisitiodFinancing Agreement. Notes: - 1/ The aggregate amount of the cost of dry utilities or mitigation land which are to be owned by an entity other than a “political subdivision” as such term is used in the Internal Revenue Code and regulations of the Internal Revenue Service which may be financed from the proceeds of tax exempt bonds issued for the Financing District shall be limited to 5% of the proceeds of such bonds which are eligible to be used to finance the acquisition of the Improvements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 2a Assessment ballots received in favor of the proposed assessment: EXHIBIT B 3 CERTIFICATE OF TABULATION OFFICIAL AND STATEMENT OF ASSESSMENT BALLOTS SUBMllTED STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ) ss. The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Carlsbad, DOES HEREBY CERTIFY that pursuant to the provisions of Article XlllD of the Constitution of the State of California and the Proposition' 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to Assessment District No. 2003-01 (College Boulevard and Cannon Road East). I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the assessment and the assessment ballots submitted in opposition to the assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Assessment ballots received opposition to the proposed assessment: 0 This certification is executed this 17th n day of SEPT. , 2003 in Carlsbad, California.