HomeMy WebLinkAbout2001-07-24; City Council; Resolution 2001-2151
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RESOLUTION NO. 2001-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING ANNUAL BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL
MAINTENANCE DISTRICT.
WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena Vista
Channel Maintenance District (Benefit Area No. 1 or the Benefit Area) in 1989 pursuant to the
petition of the property owners and the terms and provisions of the Benefit Assessment Act of
1982, (Government Code Section 54703, et. seq.); and
WHEREAS, at this time the City Council is satisfied with the Benefit Area Annual Report
as submitted and attached hereto as Attachment A 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 Benefit Area; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
follows:
RECITALS
SECTION 1. The above recitals are true and correct.
BOUNDARIES
SECTION 2. That the boundaries and parcels as originally approved and shown within
the area of benefit designated as Benefit Area No. 1 and as shown in Attachment B attached
hereto, are still determined to be the properties benefiting from the proposed works of
maintenance, said properties lying within the boundaries of the cities of Oceanside and Carlsbad.
No changes are proposed in the boundaries of the benefit area.
ASSESSMENTS
SECTION 3. That it is hereby determined and ordered as follows:
1. That it is concluded at this time there is sufficient money in the maintenance
district’s fund balance to cover the cost of any services to be performed within the next fiscal year.
2. That the annual levy of assessments has been reduced for the next fiscal year
(2001-2002) as shown in Attachment “A”.
3. That a return to the original formation assessment fee schedule in Fiscal Year
2002-2003’s assessment processing would not be considered as “subsequently increased” within
the meaning of California Constitutional Act XIIID Q 5 as further defined by GC 3 53750(h).
1 MAINTENANCE WORK
2 SECTION 4. That it is further ordered that the works of maintenance to be performed are
3 generally described as follows:
4 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 removal of sediment, 5
vegetation and other debris and all other works of maintenance, said work to be performed within
6 the cities of Oceanside and Carlsbad.
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The work will consist of periodic cleaning of the overgrowth and silt that impedes the free
flow of water in the creek channel. A typical method of removal would be by utilization of dredging
9 equipment consisting of a drag line and/or muck pump. At times this may require the removal of
10 dense vegetation materials by hand.
11 NOTICE
12 SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk shall
13 cause notice to be given in the following manner:
1. 14 Deliver the annual Report and Levy of the Engineer consisting of the assessment
and diagram to the Public Works Director of the City of Carlsbad, and said Public Works Director
15 shall immediately place for record said diagram and assessment in a suitable book as a
16 permanent record.
17 2. Cause a certified copy of the assessment diagram and annual assessment levy to
Ia be immediately filed with the City Engineer of the City of Oceanside.
19 3. Cause a certified copy of the assessment diagram and annual assessment levy
20 to be immediately filed with the County Auditor, said filing to be completed no later than
21 August IO, 2001. II
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ASSESSMENT COLLECTION.
SECTION 6. That the above confirmed and levied annual assessment shall be collected
at the same time and in the same manner as general County property taxes are collected and all
laws providing for that collection and enforcement of these assessments.
NOES: None -
ABSENT: Non
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 24th day of July
AYES: Council Members Lewis,
f 2001 by the following vote, to wit:
nila, Nygaard, and Hall.
All-EST: /J
ygi&?&Lw, L
WOOD, City Clerk (SEAL)
ATTACHMENT “A”
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT -
AMENDMENT ASSESSMENT SCHEDULE
Fiscal Year 2001-2002
. .--.
I Real
1 Real
156-302-07 0.44 1 .oo
156-302-08 2.10 1 .oo
156-302-09 4.26 1.00
El Toro Associates
May Properties, Inc.
Plaza Camino Real
1 156-302-10 1 2.20 I 1 .oo 1 New Marioram Associates I
1 156-302-12 i 0.16 1
’ 156-302-l 5 0.93
156-302-I 6 0.60
156-302-I 8 0.06
156-302-I 9 0.15
1 .oo
1 .oo
1 .oo
1 .oo
1 .oo
1 Carter Hawlev Hale Stores. Inc.
Macy’s Primary Real Estate, Inc.
Macy’s Primary Real Estate
Plaza Camino Real
Plaza Camino Real
I J
156-302-20 0.32 1 .oo
156-302-21 0.07 1 .oo
156-302-22 0.58 1 .oo
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
**Zero value parcel - forced on tax roll
f _I 3
:
Fill?
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