HomeMy WebLinkAbout2007-10-02; City Council; Resolution 2007-263Exhibit 2
1 RESOLUTION NO. 2007-263
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FINAL
3 AMENDED REPORT OF THE ASSESSMENT ENGINEER,
4 DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION, CONFIRMING THE INCREASE IN
5 ASSESSMENTS LEVIED WITHIN BENEFIT AREA NO. 2
OF ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE
6 BOULEVARD AND CANNON ROAD EAST), APPROVING
THE SEGREGATION AND APPORTIONMENT OF
7 ASSESSMENTS LEVIED WITHIN SUCH ASSESSMENT
DISTRICT AND ORDERING CERTAIN CHANGES AND
8 MODIFICATIONS IN THE IMPROVEMENTS AUTHORIZED
Q TO BE FINANCED THROUGH SUCH ASSESSMENT
DISTRICT
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WHEREAS, the City Council of the City of Carlsbad (the "City"), California, has
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previously undertaken proceedings to form and did, by the adoption of Resolution No.
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2003-244 (the "Resolution of Formation"), form an assessment district, designate two
,<- benefit areas therein and levy assessments therein to finance the acquisition of certain
16 public improvements pursuant to the terms and provisions of the "Municipal
17 Improvement Act of 1913" (Streets and Highways Code Section 10000 and following)
18 (the "Improvement Act"), Article XIIID of the Constitution of the State of California
19 ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government
20 Code Section 53750 and following) (collectively, the "Assessment Law"), such
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assessment district known and designated as Assessment District No. 2003-01 (College
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Boulevard and Cannon Road East) (the "Assessment District"); and,
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WHEREAS, at the request of Calavera Hills II, LLC (the "Developer"), the
owner and developer of the property within the Assessment District, the City Council
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26 has initiated proceedings (1) to consider modifications to (a) the improvements ordered
27 to be acquired through the Assessment District to include an 84" diameter storm drain
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Exhibit 2
1 along Cannon Road (the "Cannon Road Storm Drain") in lieu of constructing
2 improvements to the channel along the south side of Cannon Road and (b) the
3 assessments levied within Benefit Area No. 2 of the Assessment District to reflect the
4 special benefit to be received by the properties within Benefit Area No. 2 from the
5 Cannon Road Storm Drain and the cost of the construction of frontage improvements
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for College Boulevard Reach C and Cannon Road Reach 3 (the "Frontage
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Improvements") and (2) to order the segregation and apportionment of the assessments
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g within the parcels to be created as a result of the pending subdivision of the properties
10 within the Assessment District; and
11 WHEREAS, the City Council previously received and preliminarily approved an
12 Amended and Restated Engineer's Report prepared by Dick Jacobs Associates,
13 assessment engineer to the City for these proceedings (the "Assessment Engineer")
14 and has now received the final Amended and Restated Engineer's Report (the "Final
15 Amended Engineer's Report"), (a) describing the changes proposed to be made,
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including the inclusion of the Cannon Road Storm Drain among the improvements
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ordered to be acquired, the amount of the estimated increase in the cost of the
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improvements by reason of the proposed inclusion of the Cannon Road Storm Drain as
20 part of such improvements and the increase in the cost of construction of the Frontage
21 Improvements, the increase and modification of the assessments levied on the parcels
22 within Benefit Area No. 2 to reflect the special benefit received by such parcels from the
23 Cannon Road Storm Drain and the increase in cost of the Frontage Improvements and
(b) setting forth an amended diagram of the Assessment District and the segregation
25 and apportionment of the assessments originally levied within the Assessment District
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to reflect the pending subdivision of the property within the Assessment District; and
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Exhibit 2
1 WHEREAS, on April 24, 2007, this City Council adopted Resolution No. 2007-
2 085 (a) describing the proposed changes within the Assessment District, (b) ordering
that notice of a public hearing originally scheduled to be held on June 19, 2007 be given
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where persons may appear and show cause why such changes should not be ordered
5 and/or all persons interested in the original assessment, or in the lands affected thereby
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or in the bonds secured thereby, may appear and protest against the segregation and
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apportionment of the assessments and (c) ordering the initiation of assessment ballot
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proceedings to enable the owners of the properties within Benefit Area No. 2 to express
their support for or opposition to the proposed increase in the assessments levied on
11 such properties; and
12 WHEREAS, notice of the public hearing was given and assessment ballots were
13 mailed to the owners of real property within Benefit Area No. 2 in the form and manner
14 required by the Assessment Law; and
WHEREAS, as a result of a delay in the completion, approval and recordation of
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the final subdivision map subdividing the property within the Assessment District to
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create the parcels reflected in the Final Amended Engineer's Report and upon which
the proposed segregation and apportionment of the assessments was based, the public
20 hearing was continued on June 19, 2007 to a date certain, to wit, October 2, 2007; and
21 WHEREAS, on October 2, 2007, a full hearing was given and all assessment
22 ballots timely submitted pursuant to the Assessment Law were tabulated by the City
23 Clerk of the City as the tabulation official appointed by the City Council, all in the
manner provided by the Assessment Law; and
25 WHEREAS, the City Clerk has prepared and submitted to this legislative body a
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Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the
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Exhibit 2
1 "Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto
2 and incorporated herein by this reference, which reflects the results of the tabulation of
3 the assessment ballots submitted by the owners of property located within Benefit Area
4 No. 2.
5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. Recitals. The above recitals are all true and correct.
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9 2. Findings Regarding the Tabulation of Assessment Ballots. Based upon the
10 Certificate of Tabulation Official, this City Council determines that the assessment
11 ballots received in favor of the proposed increase in the assessments levied within
12 Benefit Area No. 2 and weighted as required by the Assessment Law exceed the
13 assessment ballots received in opposition to the increase in such assessments and
14 similarly weighted and, therefore, a majority protest to the increase in the assessments
15 levied within Benefit Area No. 2 does not exist.
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3. Findings Regarding Special Benefits Received from the Cannon Road Storm
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Drain and the Frontage Improvements. Based upon the Final Amended Engineer's18
Report and the testimony and other evidence received at the public hearing, it is hereby
20 further determined that:
21 A. All properties within the boundaries of Benefit Area No. 2 of the
22 Assessment District receive a special benefit from the Cannon Road Storm Drain and
23 the Frontage Improvements;
B. The proportionate special benefit derived by each parcel within
25 Benefit Area No. 2 for which the assessment is proposed to be increased has been
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Exhibit 2
1 determined in relationship to the entirely of the cost of construction of the Cannon Road
2 Storm Drain and the Frontage Improvements;
3 C. No assessment is proposed to be increased on any parcel within
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Benefit Area No. 2 which would cause such assessment to exceed the reasonable cost
5 of the proportional special benefit to be conferred on such parcel from the Cannon Road
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Storm Drain and the Frontage Improvements; and
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D. Only special benefits received from the Cannon Road Storm Drain
„ and the Frontage Improvements have been assessed against the properties within
10 Benefit Area No. 2; and
11 E. There are parcels within Benefit Area No. 2 which are owned or to
12 be owned by the City which is an agency as such term is defined in Article XIIID or a
13 non-profit organization providing affordable housing and which specially benefit from the
14 Improvements. A contribution equal to the special benefit to be received by such parcels
15 shall be made by Calavera Hills II LLC in the form of a reduced purchase price for the
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acquisition of the Cannon Road Storm Drain and the Frontage Improvements.
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4. Final Amended Engineer's Report. The Final Amended Engineer's Report, as18
now submitted, is hereby approved and such Report shall stand as the report as
20 required by the Assessment Law for all future proceedings for this Assessment District.
21 5. Public Interest and Convenience. The public interest and convenience
22 require the acquisition or construction of the Cannon Road Storm Drain and, therefore,
23 it is hereby ordered that the Cannon Road Storm Drain be included among the
improvements to be acquired through the Assessment District, as set forth in Resolution
25 No. 2007-085 previously adopted and as set forth in the Final Amended Engineer's
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Report.
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Exhibit 2
1 6. Confirmation of Increase in Assessments Levied within Benefit Area No. 2.
2 The increase in the assessments levied on the properties within Benefit Area No. 2, as
3 now filed in the Final Amended Engineer's Report, are hereby approved and confirmed.
4 7. Approval of Segregation and Apportionment of Assessments. The
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segregation and apportionment of the assessments levied within the Assessment
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District as set forth in the Final Amended Engineer's Report is hereby approved.
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8. Recordation of Modified Assessment and Modified Assessment Diagram.
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„ The City Clerk shall forthwith deliver to the Superintendent of Streets the Final
IQ Amended Engineer's Report containing the modified assessment, together with the
11 modified diagram attached thereto and made a part thereof, as confirmed, with her
12 certificate of such confirmation attached and the date thereof; and that such
13 Superintendent of Streets shall then immediately record such diagram and assessment
14 in his Office in a suitable book to be kept for that purpose and attach thereto his
15 certificate of the date of such recording.
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9. County Recorder Recordation. Upon recordation of the modified assessment
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roll and modified diagram in the office of the Superintendent of Streets, a certified copy
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of the modified assessment diagram shall be immediately filed in the Office of the
2Q County Recorder.
21 10. Modification of Resolution No. 2003-244. Except as expressly provided for
22 in this resolution, the provisions of Resolution No. 2003-244 shall remain in full force
23 and effect.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 2nd day of October, 2007, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
i /vriyytxy n/ " I** !-Lr
CLAUDE A LEWIS, itfayor
ATTEST:
,1_ORRAlME M. W0(
(SEAL)
, City
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affected properties for which the assessment ballots were submitted.
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CERTIFICATE OF TABULATION OFFICIAL
AND STATEMENT OF ASSESSMENT BALLOTS SUBMITTED
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, a duly authorized tabulation official appointed by the City Council of the
City of Carlsbad, DOES HEREBY CERTIFY that pursuant to the provisions of Article
XIIID 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 (the "Assessment District").
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the
assessment ballots submitted in favor of the increase in the assessments within Benefit Area
No. 2 of the Assessment District and the assessment ballots submitted in opposition to the
increase in such assessments, each total weighted according to the financial obligation of the
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Assessment ballots received in favor of the
proposed increase in assessments:
Assessment ballots received in opposition to
the proposed increase in assessments:
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This certification is executed this 2nd day of October. 2007 in Carlsbad, California.
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17 (^toy Clerk of the City'ofCarlsbad,
As the Tabulation Official
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