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HomeMy WebLinkAbout2004-02-17; City Council; Resolution 2004-0581 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. 2004-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PASSING UPON AND GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT {POINSETTIA LANE EAST). BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 2002-01 WHEREAS, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, has instituted proceedings to finance the cost of the acquisition or construction of certain public improvements and appurtenances pursuant to the provisions of the “Municipal Improvement Act of 1913” (the “Improvement Act“), being Division 12 of the Streets and Highways Code of the State of California (commencing with Section IOOOO), in a special assessment district known and designated as Assessment District No. 2002-01 (Poinsettia Lane East) (the “Assessment District”); and WHEREAS, there has been prepared and filed with this legislative body a Report of the Assessment Engineer (the “Report”) as provided for in and required by the Improvement Act, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 of the Streets and Highways Code) (the “Investigations Act”), Article XlllD of the Constitution of the State of California (“Article XlllD”) and the Proposition 21 8 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Improvement Act, the Investigations Act, Article XlllD and the Implementation Act are referred to herein collectively as the “Assessment Law“) and the Report has been presented to this legislative body For its consideration; and WHEREAS, a Resolution of Intention declaring the intention of the City Council to finance the cost of the construction of the subject improvements through the levy of assessments within the Assessment District was previously adopted by such City Council; and the Report as now presented shall stand as the Report for the purpose of subsequent proceedings hereunder. VI VI VI 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 NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad as follows: SECTION 1. SECTION 2. The above recitals are all true and correct. The Report referred to herein above is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the improvements proposed to be acquired or constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer’s estimate of the itemized and total costs and expenses of the acquisition or construction of the improvements and of the incidental expenses in connection therewith contained in the 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, and each of them are hereby preliminarily approved and adopted; 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, as contained in the Report, is hereby preliminarily approved and adopted; 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, as contained in the Report, are hereby preliminarily approved and adopted; E. A description of the improvements to be acquired or constructed contained in the Report are hereby preliminarily approved and adopted. SECTION 3. The Report shall stand as the Assessment Engineer’s Report for the purpose of all subsequent proceedings undertaken pursuant to the Resolution of Intention. Ill /If Page 2 of Resolution No. 2004-058 aq 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 SECTION 4. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING TO CONSIDER PROTESTS TO THE PROPOSED ASSESSMENTS IS HEREBY SCHEDULED TO BE HELD AT THE CITY COUNCIL MEETING ROOM OF THE CITY OF CARLSBAD LOCATED AT 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA 92008 ON MAY 4,2004 AT 6:OO P.M. RIGHT TO SUBMIT ASSESSMENT BALLOT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, THE RECORD OWNER OF EACH PARCEL PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE ASSESSMENT PROPOSED TO BE LEVIED ON SUCH PARCEL. ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND PROPOSED TO BE SUBJECT TO AN ASSESSMENT. EACH SUCH OWNER MAY COMPLETE SUCH ASSESSMENT BALLOT AND THEREBY INDICATE SUCH OWNER’S SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE OF THE PUBLIC HEARING: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 AN ASSESSMENT BALLOT RECEIVED AFTER THE CLOSE OF THE PUBLIC HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE ENVELOPE TRANSMITTING THE ASSESSMENT BALLOT IS DATED ON OR BEFORE THE DATE OF THE PUBLIC HEARING. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE TABULATION, PURSUANT TO GOVERNMENT CODE SECTION 53753, OF THE ASSESSMENT BALLOTS TIMELY RECEIVED. IF A MAJORITY PROTEST, AS DESCRIBED BELOW, EXISTS THE CITY COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF THE ASSESSMENT BALLOTS a5 Page 3 of Resolution No. 2004-058 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 SUBMITTED, AND NOT WITHDRAWN, IN OPPOSITION TO THE PROPOSED ASSESSMENT EXCEED THE ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN FAVOR OF SUCH ASSESSMENT. IN TABULATING THE ASSESSMENT BALLOTS, EACH ASSESSMENT BALLOTSHALLBEWEIGHTEDBYTHEAMOUNTOFTHE PROPOSEDASSESSMENTTO BE IMPOSED UPON THE IDENTIFIED PARCEL FOR WHICH SUCH ASSESSMENT BALLOT WAS SUBMITTED. SECTION 5. The City Clerk is hereby directed to mail or cause to be mailed notice of the Public Hearing and the adoption of the Resolution of Intention and of the filing of the Report, together with the assessment ballot materials, to the record owner of each parcel proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file or cause to be filed a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; such boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. SECTION 7. For purposes of tabulating the assessment ballots for these proceedings as required pursuant to the Assessment Law, the City Council hereby designates the City Clerk to act as the tabulation official to tabulate the assessment ballots submitted. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the , 2004 by the following vote, to wit: City of Carlsbad on the 17th day of February AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None A "V ATTEST: \n Pdge 4 of Resolution No. 2004-058 (SEAL) ab