HomeMy WebLinkAbout2026-06-09; City Council; Resolution 2026-101Exhibit 1
RESOLUTION NO. 2026-101
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 2026-27
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.That 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, or
CEQA, 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 benefiting
from the proposed maintenance and no changes are proposed in the boundaries of the
district.
June 9, 2026 Item #3 Page 4 of 8
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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 2026-27,
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 to the County of
San Diego Auditor by no later than August 10, 2026, 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 9, 2026 Item #3 Page 5 of 8
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11.That the assessments as authorized above and levied will provide revenue and relate to
the fiscal year commencing July 1, 2026, and ending June 30, 2027.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 9th day of June, 2026, 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 9, 2026 Item #3 Page 6 of 8
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Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2026-27
APN Acreage Percent Assessment Owner
Subtotal
Subtotal
Subtotal
Total 56.79 100% $ 100,000.00
June 9, 2026 Item #3 Page 7 of 8
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Attachment B
June 9, 2026 Item #3 Page 8 of 8
Docusign Envelope ID: E8EBFB2F-C7D0-85FE-835E-85552A4478DF