HomeMy WebLinkAbout2025-06-10; City Council; Resolution 2025-120Exhibit 1
RESOLUTION NO. 2025-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE ANNUAL LEVY OF BENEFIT ASSESSMENTS
FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA
NO. 1 FOR FISCAL YEAR 2025-26
WHEREAS, the City Council of the City of Carlsbad, California formed the Buena Vista Channel
Maintenance District Benefit Area No. 1 in 1989 in response to a petition of affected property owners
within the district and the terms and provisions of the Benefit Assessment Act of 1982 (California
Government Code Section 54703 et seq.); and
WHEREAS, at this time the City Council is satisfied with the listing of the annual benefit
assessments as submitted (Attachments A and B) for the levy of the benefit assessments and is ready
to proceed to levy the annual assessments on each parcel of benefiting property within the
boundaries of the district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.A supplemental program environmental impact report (EIR 02-03(A)), candidate findings
of fact and the mitigation monitoring and reporting program were prepared for the
maintenance and flood control activities of the Buena Vista Creek. The supplemental
program environmental impact report was certified by the City Council on June 11, 2013,
(Resolution No. 2013-136) in compliance with California Environmental Quality Act
Guidelines Section 15090. This annual levy of benefit assessments is within the scope of
the prior environmental documents and no further environmental documentation is
required under CEQA Guidelines Section 15162.
3.That the boundaries and parcels as approved within the Buena Vista Channel
Maintenance District Benefit Area No. 1, located within the cities of Oceanside and
Carlsbad, as shown in Attachment B, are still determined to be the properties benefitting
from the proposed maintenance and no changes are proposed in the boundaries of the
district.
June 10, 2025 Item #5 Page 4 of 8
Docusign Envelope ID: 92AA4B43-75EB-4B11-9479-84A35D8D81B5
4.That it is determined that the annual levy of assessment for the maintenance and/or
servicing of the improvements is confirmed and levied for the next fiscal year 2025-26,
as shown in Attachment A.
5.That it is further determined the applicable cost of the work and services may be greater
than can conveniently be raised from a single annual assessment and the cost of the
work and services can be collected over a period of years.
6.That the work of maintenance and/or servicing of improvements to be performed is
generally described as follows:
(a)All necessary work and services for the maintenance and drainage of the Buena Vista
Creek Channel between Jefferson Street and El Camino Real, including the
preparation of plans and specifications; the preparation of environmental studies;
the processing of required governmental and agency permits; the removal and
disposal of vegetation, and other debris; the implementation of required mitigation
measures; and all other works of maintenance, is to be performed within the cities
of Oceanside and Carlsbad.
(b)The proposed work will consist of a yearly clearing program of the channel area
based on the certified Program Environmental Impact Report and Supplemental
Environmental Impact Report for the Buena Vista Channel.
7.That the city’s Finance Department is directed to file assessments for the upcoming
fiscal year and submit a final letter of fixed charge special assessments, as certified by
the City Clerk’s Office, to the County of San Diego Auditor by no later than August 10,
2025, or as required by the County of San Diego Auditor.
8.That the City Clerk’s Office is directed to file certified copies of this resolution, including
Attachments A and B, with the City Engineer of the City of Oceanside.
9. That the assessments shall be collected at the same time and in the same manner as
County of San Diego taxes are collected, and all laws providing for the collection and
enforcement of County of San Diego taxes shall apply to the collection and enforcement
of the assessments.
10.That the city’s Finance Department is directed to issue handbills and collect assessments
as necessary.
June 10, 2025 Item #5 Page 5 of 8
Docusign Envelope ID: 92AA4B43-75EB-4B11-9479-84A35D8D81B5
11.That the assessments as authorized above and levied will provide revenue and relate to
the fiscal year commencing July 1, 2025, and ending June 30, 2026.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 10th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
June 10, 2025 Item #5 Page 6 of 8
Docusign Envelope ID: 92AA4B43-75EB-4B11-9479-84A35D8D81B5
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2025-26
APN Acreage Percent Assessment Owner
156-301-07 1.39 5.867% $ 3,185.50 R P I CARLSBAD LP
156-301-08 0.72 3.039% $ 1,650.04 M S C L L C
156-301-09 2.37 10.004% $ 5,431.39 SEARS ROEBUCK & CO R P I CARLSBAD LP
156-301-12 0.33 1.393% $ 756.27 R P I CARLSBAD LP
156-302-05 0.28 1.182% $ 641.68 PLAZA CAMINO REAL
156-302-06 0.78 3.293% $ 1,787.55 BRIDGESTONE RETAIL OPERATIONS LLC
156-302-07 0.44 1.857% $ 1,008.36 WESTERN PROPERTIES THREE L L C R P I
156-302-09 4.26 17.982% $ 9,762.75 R P I CARLSBAD LP
156-302-10 2.20 9.287% $ 5,041.80 PENNEY PROPERTY SUB HOLDINGS LLC
156-302-12 0.16 0.675% $ 366.68 M S C L L C
156-302-15 0.93 3.926% $ 2,131.31 MACYS PRIMARY REAL EST INC
156-302-16 0.60 2.533% $ 1,375.04 MACYS PRIMARY REAL EST INC
156-302-18 0.06 0.253% $ 137.50 R P I CARLSBAD LP
156-302-19 0.15 0.633% $ 343.76 R P I CARLSBAD LP
156-302-20 0.32 1.351% $ 733.35 R P I CARLSBAD LP
156-302-21 0.07 0.295% $ 160.42 R P I CARLSBAD LP
156-302-22 0.58 2.448% $ 1,329.20 CHASM ENTERTAINMENT INC R P I CARLSBAD
156-302-26 0.83 3.504% $ 1,902.13 M S C L L C
156-302-27 1.77 7.472% $ 4,056.36 R P I CARLSBAD LP
156-302-30 3.35 14.141% $ 7,677.28 PLAZA CAMINO REAL
156-302-34 1.17 4.946% $ 2,685.16 R P I CARLSBAD LP
156-302-35 0.93 3.919% $ 2,127.47 R P I CARLSBAD LP
Subtotal 23.69 100.000% $ 54,291.00
156-302-02 0.58 55.769% $ 818.69 CRMAD PROPERTIES L L C
156-302-03 0.22 21.154% $ 310.54 BAYROOTI FAMILY TRUST 01-25-20
156-302-04 0.24 23.077% $ 338.77 PETERSON KRISTINE PETERSON LORRAINE
Subtotal 1.04 100.000% $ 1,468.00
156-301-16 19.51 60.855% $ 26,922.70 P K I NORTH COUNTY PLAZA L P
156-301-17 2.67 8.328% $ 3,684.45 BMH OCEANSIDE LLC
165-120-56 9.88 30.817% $ 13,633.85 BMH OCEANSIDE LLC
Subtotal 32.06 100.0000% $ 44,241.00
Total 56.79 100% $ 100,000.00
June 10, 2025 Item #5 Page 7 of 8
Docusign Envelope ID: 92AA4B43-75EB-4B11-9479-84A35D8D81B5
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Buena Vista Creek Channel
Maintenance District
for Fiscal Year 2025-26
Map created by City of Carlsbad GIS
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Buena Vista Creek Channel
Maintenance District - Benefit Area 1
Attachment B
June 10, 2025 Item #5 Page 8 of 8
Docusign Envelope ID: 92AA4B43-75EB-4B11-9479-84A35D8D81B5