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HomeMy WebLinkAbout2007-04-24; City Council; Resolution 2007-085Exhibit 2 1 RESOLUTION NO. 2007-085 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION 3 TO CONSIDER ORDERING CERTAIN CHANGES AND 4 MODIFICATIONS IN THE IMPROVEMENTS ORDERED TO BE ACQUIRED AND THE ASSESSMENTS LEVIED 5 WITHIN BENEFIT AREA NO. 2 OF ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND 6 CANNON ROAD EAST) AND THE SEGREGATION AND APPORTIONMENT OF ASSESSMENTS WITHIN SUCH 7 ASSESSMENT DISTRICT AS THE RESULT OF THE SUBDIVISION OF PROPERTY THEREIN 8 9 WHEREAS, the City Council of the City of Carlsbad (the "City"), California, has 10 previously undertaken proceedings to form an assessment district, to designate two 11 benefit areas therein and to levy assessments therein to finance the acquisition of 12 certain public improvements pursuant to the terms and provisions of the "Municipal 14 Improvement Act of 1913" (Streets and Highways Code Section 10000 and following) 15 (the "Improvement Act"), Article XIIID of the Constitution of the State of California 16 ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government 17 Code Section 53750 and following) (collectively, the "Assessment Law"), such 18 assessment district known and designated as Assessment District No. 2003-01 (College Boulevard And Cannon Road East) (the "Assessment District"); and, 20 WHEREAS, subsequent to the formation of the Assessment District and the levy 21 of assessments therein pursuant to the Assessment Law: 22 A. The City issued the City of Carlsbad Assessment District No. 2003-01 23 (College Boulevard and Cannon Road East) Benefit Area No. 1 (Calavera Hills II) 25 Limited Obligation Improvement Bonds in the principal amount of $11,730,000 secured 26 27 1 28 / „ Exhibit 2 1 by the unpaid assessments levied on the properties within Benefit Area No. 1 of the 2 Assessment District; 3 B. Calavera Hills II, LLC (the "Developer"), the owner and developer of the 4 property within the Assessment District, has proposed to construct an 84" diameter 5 storm drain along Cannon Road (the "Cannon Road Storm Drain") in lieu of constructing 6 improvements to the channel along the south side of Cannon Road and has requested 7 that the City initiate proceedings to add the Cannon Road Storm Drain to the8 g improvements ordered to be acquired through the Assessment District and to modify the 10 assessments within Benefit Area No. 2 of the Assessment District to reflect the special 11 benefit to be received by the properties within Benefit Area No. 2 from the Cannon Road 12 Storm Drain; and 13 C. The property within the Assessment District has been further subdivided 14 necessitating the segregation and apportionment of the original assessments within the 15 parcels created as a result of the subdivision of such properties; and 16 WHEREAS, the City Council desires to consider the modifications to the 17 improvements ordered to be acquired through the Assessment District to include the Cannon Road Storm Drain and to the assessments levied within Benefit Area No. 2 and 2Q to order the segregation and apportionment of the assessments within the parcels 21 created as a result of the subdivision of the properties within the Assessment District; 22 and 23 WHEREAS, the City Council has received an Amended and Restated Final 24 Engineer's Report (the "Amended Engineer's Report") prepared by Dick Jacobs 25 Associates, assessment engineer to the City for these proceedings (the "Assessment 26 27 2 28 1 Exhibit 2 1 Engineer"), describing the changes proposed to be made, including the Cannon Road 2 Storm Drain proposed to be ordered to be acquired, the amount of the estimated 3 increase in the cost of the improvements by reason of the proposed inclusion of the 4 Cannon Road Storm Drain as part of such improvements, the increase and modification 5 of the assessments levied on the parcels within Benefit Area No. 2 to reflect the special 6 benefit received by such parcels from the Cannon Road Storm Drain and setting forth 7 an amended diagram of the Assessment District and the segregation and 8 9 apportionment of the assessments originally levied within the Assessment District to 10 reflect the subdivision of the property within the Assessment District; and 11 WHEREAS, pursuant to Streets and Highways Code Sections 8732 and 10353 it 12 is necessary for this City Council to adopt a resolution to (1) briefly describe the 13 proposed changes within the Assessment District, (2) give notice of the time and place 14 for a public hearing where (a) persons may appear and show cause why such changes 15 should not be ordered and/or (b) all persons interested in the original assessment, or in 16 the lands affected thereby or in the bonds secured thereby, may appear and protest 17 against the segregation and apportionment of the assessments and (3) order the18 initiation of assessment ballot proceedings to enable the owners of the properties within 20 Benefit Area No. 2 to express their support for or opposition to the proposed increase in 21 the assessments levied on such properties. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 23 Carlsbad, California, as follows: 1. Recitals. The above recitals are all true and correct. 25 26 27 3 28 G> Exhibit 2 1 2. Amended Engineer's Report. The Amended Engineer's Report as 2 received by this City Council is hereby adopted, passed upon, and preliminarily 3 approved. A copy of the Amended Engineer's Report shall be kept on file in the Office of 4 the City Clerk and shall be available for inspection during normal business hours of 5 such office. 6 3. Declaration of Intention. The public interest, convenience and necessity 7 require, and it is the intention of this City Council to consider, changing the8 „ improvements ordered to be acquired to include the Cannon Road Storm Drain and 10 increasing the assessments levied on the properties within Benefit Area No. 2 to reflect 11 the special benefit received by such properties from the Cannon Road Storm Drain. It is 12 the further intention of this City Council to order the segregation and apportionment of 13 the original assessments to reflect the subdivision of the properties within the 14 Assessment District. 15 4. Description of Proposed Changes within the Assessment District. Reference 16 is made to the Amended Engineer's Report for a description of the proposed changes to 17 be made in the Assessment District, including a description of the change in the improvements ordered to be acquired to include the Cannon Road Storm Drain, the 2Q estimated increase in the cost of the improvements resulting from the inclusion of the 21 Cannon Road Storm Drain and the proposed increase in the assessments levied on the 22 properties within Benefit Area No. 2 of the Assessment District to reflect the special 23 benefit to be received by such properties from the Cannon Road Storm Drain. 24 5. Proposed Segregation and Apportionment of the Original Assessments. 25 Further reference is made to the Amended Engineer's Report for amended diagram of 26 27 4 28 C Exhibit 2 1 the assessment district and the segregation and apportionment of the original 2 assessments to reflect the subdivision of the properties within the Assessment District. 3 6. Notice of Public Hearing. Notice is hereby given that a public hearing is 4 hereby scheduled to be held at the City Council meeting room of the City of Carlsbad 5 located at 1200 Carlsbad Village Drive, Carlsbad, California 92008 on June 19, 2007 at 6 6:00 p.m. At such time all persons may appear and (a) show cause why the proposed 7 changes in the Assessment District described in paragraph 4 above should not be made8 g and/or (b) protest against the proposed segregation and apportionment of the 10 assessments. 11 7. Initiation of Assessment Ballot Proceedings. Pursuant to the provisions of the 12 Assessment Law, the record owner of each parcel within Benefit Area No. 2 for which 13 the original assessment is proposed to be increased to reflect the special benefit from 14 the Cannon Road Storrn Drain has the right to submit an assessment ballot in favor of or in opposition to the proposed increase in such assessment. 16 Assessment ballots will be mailed to each such record owner. Each such owner 17 may complete such assessment ballot and thereby indicate such owner's support for or opposition to the proposed increase in the assessment levied against such owner's 20 property. All such assessment ballots must be received by the City Clerk at the 21 following address at or before the time set for the close of the public hearing: 22 City Clerk 23 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 25 26 27 5 28 10 Exhibit 2 1 An assessment ballot received after the close of the public hearing will not be 2 tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. 4 At the conclusion of the public hearing, the City Council shall cause the 5 tabulation, pursuant to Government Code Section 53753, of the assessment ballots 6 timely received. If a majority protest, as described below, exists the City Council shall 7 not increase the assessments within Benefit Area No. 2. A majority protest exists if the8 g assessment ballots submitted, and not withdrawn, in opposition to the proposed 10 increase in assessment exceed the assessment ballots submitted, and not withdrawn, 11 in favor of such proposed increase in assessment. In tabulating the assessment ballots, 12 each assessment ballot shall be weighted by the amount of the proposed increase in 13 the assessment to be imposed upon the identified parcel for which such assessment 14 ballot was submitted. 15 For purposes of tabulating the assessment ballots for these proceedings as 16 required pursuant to the Assessment Law, the City Council hereby designates the City 17 Clerk to act as the tabulation official to tabulate the assessment ballots submitted.18 8. City Clerk. The City Clerk is hereby directed to mail or cause to be mailed 20 notice of the public hearing, together with the assessment ballot materials, to the record 21 owner of each parcel within Benefit Area No. 2 for which the assessment is proposed to 22 be increased. Such mailing shall occur not less than 45 days before the date set for the 23 public hearing. 24 25 26 27 6 28 Exhibit 2 1 The City Clerk is further directed to publish a copy of this resolution in a 2 newspaper of general circulation within the City. Such publication shall occur not less 3 than fifteen (15) days before the date set for the public hearing. 4 // 5 6 // 7 8 9 // 10 11 " 12 // 13 14 // 15 16 17 // 18 19 20 „ 21 22 " 23 // 241' 25 // 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of April 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard NOES: None ABSENT: None LORRAINE NT WOOD, Cit/fclerk (SEAL) LJ o>£