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Home My WebLink About2013-07-09; City Council; Resolution 2013-172Exhibit 2 1 RESOLUTION NO. 2013-172 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING ^ ANNUAL BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 5 6 WHEREAS, the City Council of the City of Carlsbad, California, formed the 7 Buena Vista Channel Maintenance District Benefit Area No. 1 ("District") in 1989 8 pursuant to the petition of the property owners within the District and the terms and provisions ofthe Benefit Assessment Act of 1982, (Government Code Section 54703, et. seq.), which does not require a public hearing; and WHEREAS, at this time the City Council is satisfied with the District Annual Report as submitted and attached hereto as Attachments A and B for the levy of the benefit assessments, and is ready to proceed to levy the annual assessments on each 9 10 11 12 13 14 parcel of benefiting property within the boundaries of the District. 16 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 17 RECITALS 18 SECTION 1. The above recitals are true and correct BOUNDARIES 20 21 22 23 24 25 20 of Benefit Area No. 1 27 28 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 Exhibit 2 1 ASSESSMENTS 2 SECTION 3. That it is hereby determined and ordered as follows: 24 25 26 27 28 1. That the annual levy of assessment for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year (2013-14), as shown in Attachment "A". 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 annual 3 4 5 6 7 8 g assessment and it is hereby 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 described as follows: 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; preparation of environmental studies; the processing of required governmental and agency permits; the removal and disposal of sediment, vegetation, and other debris; the implementation of required mitigation 14 15 16 17 18 19 20 measures; and all other works of maintenance, said work to be perfonned within the 21 cities of Oceanside and Carlsbad. 22 The proposed work will consist of a yearly clearing program of the channel area 23 based on the certified Program Environmental Impact Report for the Buena Vista Channel prepared by Dudek and Associates. NOTICE SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk shall cause notice to be given in the following manner: 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 // Exhibit 2 1. Deliver the Annual Report and Levy of the Engineer consisting of the assessment roll and diagram to the Utilities Director of the City of Carlsbad, and said Utilities Director shall immediately place for record said assessment roll and diagram in a suitable file as a permanent record. 2. Cause a certified copy of the assessment roll and diagram to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment roll and diagram to be immediately filed with the County Auditor, said filing to be completed no later than August 10, 2013. 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. 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 ofthe City Council ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Wood, Blackburn, Douglas. None. ABSENT: Council Member Packard. ATTEST: BARBARA ENGLESON, Cky Clerk 'f,r it ^\>> Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments FY 2013-14 Attachment A APN ASSESSMENT OWNER 156-301-07 $ 3,185.50 Plaza Camino Real 156-301-08 $ 1,650.04 Carter Hawley Hale Stores, Inc. 156-301-09 $ 5,431.39 Sears Roebuck & Go / Plaza Camino Real 156-301-12 $ 756.27 Plaza Camino Real 156-302-05* $ 641.68 Plaza Camino Real 156-302-06 $ 1,787.55 JC Penney Properties, LLC 156-302-07 $ 1,008.36 Western Properties LLC / Plaza Camino Real 156-302-08 $ 4,812.63 Cmf Per LLC 156-302-09 $ 9,762.75 Plaza Camino Real 156-302-10 $ 5,041.80 JC Penney Properties, LLC 156-302-12 $ 366.68 Carter Hawley Hale Stores, Inc. 156-302-15 $ 2,131.31 Macy's Primary Real Estate, Inc. 156-302-16 $ 1,375.04 Macy's Primary Real Estate, Inc. 156-302-18 $ 137.50 Plaza Camino Real 156-302-19 $ 343.76 Plaza Camino Real 156-302-20 $ 733.35 Plaza Camino Real 156-302-21 $ 160.42 Plaza Camino Real 156-302-22 $ 1,329.20 Chasm Entertainment Inc 156-302-26 $ 1,902.13 Carter Hawley Hale Stores, Inc. 156-302-27 $ 4,056.36 Plaza Camino Real 156-302-30* $ 7.677.28 Plaza Camino Real Sub Total $ 54,291.00 156-302-02 $ 818.69 Crmad Properties LLC 156-302-03 $ 310.54 Allen Bayrooti 156-302-04 $ 338.77 Vista Way & 78 LLC Sub Total $ 1,468.00 156-301-16 $ 26,922.70 Pk 1 North County Plaza 156-301-17 $ 3,684.45 Crown Jewel Properties LLC 165-120-56 $ 13.633.85 Crown Jewel Properties LLC Sub Total $ 44,241.00 TOTAL $ 100,000.00 Zero value parcel - forced on tax roll DIAGRAM FOR BENEFIT AREA NO. 1 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT CITY OF CARLSBAD, STATE OF CALIFORNIA NOT TO SCALE LEGEND: - CITY BOUNDARY DISTRICT BOUNDARY PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN DRAWN BY: SCOU EVANS, CARLSBAD DiaNEERING DEPT. 12/4/01 C: \CAPITAL\H0WARD\BVC-UAINT2.DWG ATTACHMENTS o