HomeMy WebLinkAbout2007-05-08; City Council; Resolution 2007-103Exhibit 2
RESOLUTION NO. 2007-103
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF CARLSBAD, CALIFORNIA, ADOPTING ANNUAL
BENEFIT ASSESSMENTS FOR THE BUENA VISTA
4 CHANNEL MAINTENANCE DISTRICT BENEFIT AREA
5 N0-1
6
7 WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena
8 Vista Channel Maintenance District ("District") in 1989 pursuant to the petition of the
9 property owners within the District and the terms and provisions of the Benefit
Assessment Act of 1982, (Government Code Section 54703, et. seq.), which does not
11 require a public hearing; and
12
WHEREAS, at this time the City Council is satisfied with the District Annual Report
13
as submitted and attached hereto as Attachments A and B for the levy of the benefit14
, K assessments, and is ready to proceed to levy the annual assessments on each parcel
1 O
16 of benefiting property within the boundaries of the District.
17 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
18 RECITALS
19 SECTION 1. The above recitals are true and correct.
20 BOUNDARIES
21
SECTION 2. That the boundaries and parcels as originally approved and shown
22
within the area of benefit designated as Benefit Area No. 1, and as shown in
23
Attachment "B" attached hereto, are still determined to be the properties benefiting
25 from the proposed works of maintenance, said properties lying within the boundaries of
26 the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries of
27 Benefit Area No. 1.
28
Exhibit 2
1 ASSESSMENTS
2 SECTION 3. That it is hereby determined and ordered as follows:
3 1. That the annual levy of assessment for the maintenance and/or
4 servicing of the improvements are hereby confirmed and levied for the next fiscal year
5
(2007-08), as shown in Attachment "A".
6
2. That it is further determined that as applicable the costs of the work
and services may be greater than can conveniently be raised from a single annual8
g assessment and it is herby further determined that the cost of the work can be
10 collected over a period of years.
11 MAINTENANCE WORK
12 SECTION 4. That the works of maintenance to be performed are generally
13 described as follows:
14 All necessary work and services for the maintenance and drainage of the Buena
15
Vista Creek Channel between Jefferson Street and El Camino Real, including the
16
preparation of plans and specifications; preparation of environmental studies; the
,g processing of required governmental and agency permits; the removal and disposal of
-19 sediment, vegetation, and other debris; the implementation of required mitigation
20 measures; and all other works of maintenance, said work to be performed within the
21 cities of Oceanside and Carlsbad.
22 The proposed work will consist of a yearly clearing program of the channel area
23 upon certification of the Program Environmental Impact Report for the Buena Vista
24
Channel prepared by Dudek and Associates.
25
NOTICE
26
SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk
28 shall cause notice to be given in the following manner:
6
Exhibit 2
1 1. Deliver the Annual Report and Levy of the Engineer consisting of the
2 assessment roll and diagram to the Public Works Director of the City of Carlsbad, and
3 said Public Works Director shall immediately place for record said assessment roll and
4 diagram in a suitable file as a permanent record.
5
2. Cause a certified copy of the assessment roll and diagram to be
6
immediately filed with the City Engineer of the City of Oceanside.
_ 3. Cause a certified copy of the assessment roll and diagram to beo
9 immediately filed with the County Auditor, said filing to be completed no later than
10 August 10, 2007.
11 ASSESSMENT COLLECTION
12 SECTION 6. That the above confirmed and levied annual assessment shall
13 be collected at the same time and in the same manner as general County property
14
taxes are collected and all laws providing for that collection and enforcement of these
15
assessments.
16
//17
18 "
19 //
20 //
21 //
22 //
23 //
24
//
25
//
26
27 "
28 "
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of May, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None
ABSENT: None
ayor
ATTEST:
LORRAINE M. WOOD, City Clerk^
(SEAL)
Attachment A
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT ROLL
Fiscal Year 2007-08
APN
156-301-07
156-301-08
156-301-09
156-301-12
156-302-05
156-302-06
156-302-07
156-302-08
156-302-09
156-302-10
156-302-12
156-302-15
156-302-16
156-302-18
156-302-19
156-302-20
156-302-21
156-302-22
156-302-26
156-302-27
156-302-30*
Sub Total
156-302-02
156-302-03
156-302-04
Sub Total
156-301-16
156-301-17
165-120-56
Sub Total
TOTAL
ASSESSMENT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,185.50
1,650.04
5,431.39
756.27
641.68
1,787.55
1,008.36
4,812.63
9,762.75
5,041.80
366.68
2,131.31
1,375.04
137.50
343.76
733.35
160.42
1,329.20
1,902.13
4,056.36
$ 7.677.28
$54,291.00
$
$
$
$
818.69
310.54
338.77
1,468.00
$
$
26,922.70
3,684.45
$ 13,633.85
$ 44,241.00
$100,000.00
OWNER
Plaza Camino Real
Carter Hawley Hale Stores,Inc.
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
New Marjoram Associates
Plaza Camino Real
Cmf Per LLC
Plaza Camino Real
New Marjoram Associates
Carter Hawley Hale Stores,
Macy's Primary Real Estate
Macy's Primary Real Estate
Inc.
, Inc.
, Inc.
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Chasm Entertainment Inc
Carter Hawley Hale Stores,Inc.
Plaza Camino Real
Plaza Camino Real
Crmad Properties LLC
Allen Bayrooti
Vista Way & 78 LLC
Pk I North County Plaza
Cat Jems Trust
Cal Jems Trust
' Zero value parcel - forced on tax roll
BVC Asmt Roll 04-24-07.xls 4/24/2007
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2007-103: ADOPTING ANNUAL BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT
BENEFIT AREA 1 with the original now on file in the Office of the City Clerk of the
City of Carlsbad; that the same contains a full, true and correct transcript therefrom
and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 9th day of May, 2007.
f-/D
HERRY FREISINGER
DEPUTY CLERK
(SEAL)