HomeMy WebLinkAbout2022-07-12; City Council; Resolution 2022-177RESOLUTION NO. 2022-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A REASSESSMENT REPORT, CONFIRMING THE
ORDERING THE REASSESSMENT BY SUMMARY PROCEEDINGS AND
AUTHORIZING AND DIRECTING RELATED ACTIONS
WHEREAS, pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds (Division
11.5 of the California Streets and Highways Code) (the "Act"), the City of Carfsbad (the "City"), a
municipal corporation that is duly organized and existing under the Constitution of the State of
California and its charter, has previously issued its Reassessment District No. 2012-1 Limited Obligation
Refunding Bonds (the "2012 Bonds"), which are secured by the unpaid reassessments on the properties
within Reassessment District No. 2012-1 of the City (the "2012 Reassessment District"); and
WHEREAS, the public interest requires the refunding of the 2012 Bonds, and the City Council of
the City (the "City Council") intends to accomplish the refunding through the levy of reassessments and
the issuance of refunding bonds upon the security thereof; and
WHEREAS, the City desires: (i) to establish a new reassessment district entitled Reassessment
District No. 2022-1 (the "Reassessment District"); and (ii) to issue refunding bonds (the "Refunding
Bonds") of the Reassessment District pursuant to the Act, the proceeds of which Refunding Bonds will
be applied to refund the 2012 Bonds, and, on the date hereof, the City Council is adopting separate
resolutions with respect to such matters (described in the following WHEREAS clauses); and
WHEREAS, on the date hereof, the City Council is adopting a resolution regarding its intention
to levy reassessments and to issue refunding bonds (the "Resolution of Intention to Levy
Reassessments"), in and for the Reassessment District, including within the 2012 Reassessment District,
and therein directed the making and filing of a reassessment report (the "Report") in writing, all in
accordance with and pursuant to the Act; and
WHEREAS, the Report was duly made and filed and duly considered by the City Council with the
aid of City staff and found to be sufficient in every particular, and the Report shall stand for all
subsequent proceedings under and pursuant to the Resolution of Intention to Levy Reassessments; and,
WHEREAS, on the date hereof, the City Council is adopting a resolution approving the issuance
of the Refunding Bonds.
Exhibit 2
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
The City Council finds, pursuant to Section 9525 of the Act, and based upon the Report,
that all of the following conditions are satisfied:
a.Each estimated annual installment of principal and interest on the reassessment for
properties within the Reassessment District as set forth in the Report is less than the
corresponding annual installment of principal and interest on the portion of the
original assessment being superseded and supplanted as also set forth in the Report,
by the same percentage for all subdivisions of land within the Reassessment District;
b.The number of years to maturity of all refunding bonds proposed to be issued under
the Resolution of Intention to Levy Reassessments is no more than the number of
years to the last maturity of the 2012 Bonds; and
c.The principal amount of the reassessment on each subdivision of land within the
Reassessment District is less than the unpaid principal amount of the portion of the
original assessment being superseded and supplanted by the same percentage for
each subdivision of land in the same Reassessment District.
For the purpose of this Section 2, "unpaid" shall not include installments which are
posted to the tax roll for fiscal year 2022-23.
3.The City Council finds that the public interest, convenience and necessity require that
the reassessment be made.
4.The City Council finds that the Reassessment District benefited by the reassessment and
to be reassessed to pay the costs and expenses thereof, and the exterior boundaries
thereof, are as shown by the reassessment diagram filed in the office of the City Clerk,
which reassessment diagram is made a part hereof by reference thereto.
5.The City Council finds that, pursuant to the findings hereinabove expressed with respect
to Section 9525 of the Act, all conditions are deemed satisfied, and the following
elements of the Report are hereby finally approved and confirmed without further
proceedings, including the conduct of a public hearing under the Act, to wit:
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a.A schedule setting forth the unpaid principal and interest on the 2012 Bonds to be
refunded and the total amounts thereof (and assessments being continued);
b.An estimate of the total principal amount of the reassessment and of the Refunding
Bonds and the maximum interest rate thereon, together with an estimate of cost of
the reassessment and of issuing the Refunding Bonds, including expenses incidental
thereto;
c.The auditor's record kept pursuant to Section 8682 of the California Streets and
Highways Code showing the schedule of principal installments and interest on the
2012 Bonds and the total amounts thereof;
d.The estimated amount of each reassessment, identified by reassessment number
corresponding to the reassessment number of the reassessment diagram, together
with a proposed auditor's record for the reassessment prepared in the manner
described in the Section 8682 of the California Streets and Highways Code; and
e.A reassessment diagram showing the Reassessment District and the boundaries and
dimensions of the subdivisions of land therein and assigning a separate number to
each such subdivision of land.
Final adoption and approval of the Report as a whole, the estimate of the costs and
expenses, the reassessment diagram and the reassessment, as contained in the Report,
as hereinabove determined and ordered, is intended to and shall refer and apply to the
Report, or any portion thereof, as amended, modified, revised or corrected by, or
pursuant to and in accordance with, any resolution or order, if any, heretofore duly
adopted or made by the City Council.
6.The City Council approves, confirms and levies the reassessment, including all costs and
expenses thereof. Pursuant to the provisions of the Act, reference is hereby made to
the Resolution of Intention to Levy Reassessments for further particulars. The
reassessment shall be reduced in the event that City staff determines that to do so is
necessary and advisable to further the purposes of this Resolution, and, if such
determination is made, City staff is hereby authorized and directed to record said
reduced reassessment in the manner set forth in Section 9 hereof, and to take any
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further actions required to finalize said reduction, without further action of the City
Council.
7.The City Council authorizes and directs the City Clerk or other appropriate officer or
officers of the City to carry out the following, including the payment of any and all fees
required by law in connection therewith:
a.Deliver the reassessment to the City's Transportation Director, who is its
Superintendent of Streets, together with the reassessment diagram, as approved
and confirmed by the City Council, with a certificate of such confirmation and of the
date thereof, executed by the City Clerk, attached thereto. The Superintendent of
Streets shall record each of the reassessments and the reassessment diagram in a
suitable book to be kept for that purpose, and append thereto a certificate of the
date of such recording, and such recordation shall be and constitute the applicable
reassessment roll herein;
b.File and record, respectively, the reassessment diagram and a notice of
reassessment in substantially the form specified by Section 3114 of the California
Streets and Highways Code and executed by the City Clerk in the office of the County
Recorder of the County of San Diego; and
c.Provide a copy of this Resolution to the Auditor-Controller of the County of San
Diego at the time of the delivery of the debt service records for the refunding bonds
secured by the reassessments.
8.From the date of recording of the notice of reassessment, all persons shall be deemed
to have notice of the contents of such reassessment, and each of such reassessments
shall thereupon be a lien upon the property against which it is made, and unless sooner
discharged such liens shall so continue for the period of ten. (10) years from the date of
such recordation, or in the event that bonds are issued to represent the reassessments,
then such liens shall continue until the expiration of four (4) years after the due date of
the last installment upon such bonds or of the last installment of principal of such bonds.
9.The appropriate officer or officers of the City are hereby authorized to pay any and all
fees required by law in connection with the above.
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10.The City Council directs the City Treasurer to keep a record showing the several
installments of principal and interest on the reassessments which are to be collected
each year during the term of the Refunding Bonds. An annual apportionment of each
reassessment, together with annual interest on said reassessment, shall be payable in
the same manner and at the same time and in the same installments as the general
property taxes and shall be payable and become delinquent at the same time and in the
same proportionate amount; provided that any reassessments on possessory interests
shall be collected on the unsecured tax roll and shall be payable and become delinquent
at the same time as other taxes levied on said unsecured roll. Each year, the annual
installments shall be submitted to the County of San Diego Auditor-Controller for
purposes of collection, and the County of San Diego Auditor-Controller shall, at the close
of the tax collecting period, promptly render to the City Treasurer a detailed report
showing the amount of such installments, interest, penalties and percentages so
collected.
11.The City Council authorizes directs the City Treasurer: (a) to revise the Report to reduce
the applicable reassessments, as confirmed pursuant to Section 7 hereof, if and to the
extent necessary so that the aggregate amount thereof does not exceed the initial
principal amount of the Refunding Bonds; (b) to amend the reassessment and
reassessment diagram to reflect such reductions; and (c) to promptly record the
reassessment, together with the reassessment diagram, as so amended, in the office of
the person acting as the Superintendent of Streets of the City. Immediately thereafter,
a copy of the reassessment diagram, as so amended, shall be filed in the office of the
County of San Diego Recorder and a Notice of Reassessment, referring to the
reassessment diagram, shall be recorded in the office of the County of San Diego
Recorder, all pursuant to the provisions of Division 4.5 of the California Streets and
Highways Code.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of !!!!Y, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta.
None.
Norby.
� FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
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