HomeMy WebLinkAbout2015-07-14; City Council; Resolution 2015-182EXHIBIT 2
1 RESOLUTION NO. 2015-182
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR THE
BUENA VISTA CHANNEL MAINTENANCE DISTRia BENEFIT AREA
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WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena
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7 Vista Channel Maintenance District Benefit Area No. 1 (District) in 1989 pursuant to the
8 petition of the 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 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
14 assessments, and is ready to proceed to levy the annual assessments on each parcel of
15 benefiting property within the boundaries ofthe 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 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"
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22 attached hereto, are still determined to be the properties benefiting from the
23 proposed works of maintenance, said properties lying within the boundaries ofthe
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cities of Oceanside and Carlsbad. No changes are proposed in the boundaries of
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Benefit Area No. 1.
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1 3. That it is determined that the annual levy of assessment for the maintenance
2 and/or servicing of the improvements are hereby confirmed and levied for the
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next fiscal year (2015-16), as shown in Attachment "A".
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4. That it is further determined that as applicable the costs of the work and services
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, may be greater than can conveniently be raised from a single annual assessment 6
7 and it is hereby further determined that the cost of the work can be collected over
8 a period of years.
5. That the work of maintenance to be performed are 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; preparation of
14 environmental studies; the processing of required governmental and agency
15 permits; the removal and disposal of sediment, vegetation, and other debris;
the implementation of required mitigation measures; and all other works of
maintenance, said work to be performed within the cities of Oceanside and
Carlsbad.
(b) The proposed work will consist of a yearly clearing program of the channel
21 area based on the certified Program Environmental Impact Report and
22 Supplemental Environmental Impact Report for the Buena Vista Channel.
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6. That the above-referenced diagram and assessment shall be filed in the office of the
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City Clerk, with a certified copy to be filed in the office of the Finance Department.
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Said diagram and assessment, and the certified copy thereof, shall be open for
public inspection.
7. That the City Clerk is hereby ordered and directed to file a certified copy of the
diagram and assessment with the County of San Diego Auditor. Said filing is to be
made no later than the third Monday in August, or as required by the County of San
Diego.
8. That the City Clerk is hereby ordered and directed to file a certified copy of the
diagram and assessment with the City Engineer of the City of Oceanside.
9. 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 ofthe assessments.
10. That the assessments as above authorized and levied will provide revenue and relate
to the fiscal year commencing July 1, 2015 and ending June 30, 2016.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the M*** day of July, 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
None.
ATTEST:
BARBARA ENGLESON^iity Clerk
(SEAL) A^^^"-^^:c>.
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2015-16
APN ACREAGE PERCENT ASSESSMENT OWNER
156-301-07 1.39 5.867% $ 3,185.50 Plaza Camino Real
156-301-08 0.72 3.039% $ 1,650.04 MSG LLC
156-301-09 2.37 10.004% $ 5,431.39 Sears Roebuck & Co / Plaza Camino Real
156-301-12 0.33 1.393% $ 756.27 Plaza Camino Real
156-302-05 0.28 1.182% $ 641.68 Plaza Camino Real
156-302-06 0.78 3.293% $ 1,787.55 SMBG Leasing & Finance, Inc
156-302-07 0.44 1.857% $ 1,008.36 Western Properties LLC / Plaza Camino Real
156-302-08 2.10 8.864% $ 4,812.63 Gmf Per LLG
156-302-09 4.26 17.982% $ 9,762.75 Plaza Camino Real
156-302-10 2.20 9.287% $ 5,041.80 JG Penney Properties, LLG
156-302-12 0.16 0.675% $ 366.68 MSC LLG
156-302-15 0.93 3.926% $ 2,131.31 Macy's Primary Real Estate, Inc.
156-302-16 0.60 2.533% $ 1,375.04 Macy's Primary Real Estate, Inc.
156-302-18 0.06 0.253% $ 137.50 Plaza Gamine Real
156-302-19 0.15 0.633% $ 343.76 Plaza Camino Real
156-302-20 0.32 1.351% $ 733.35 Plaza Camino Real
156-302-21 0.07 0.295% $ 160.42 Plaza Camino Real
156-302-22 0.58 2.448% $ 1,329.20 Chasm Entertainment Inc
156-302-26 0.83 3.504% $ 1,902.13 MSG LLG
156-302-27 1.77 7.472% $ 4,056.36 Plaza Gamine Real
156-302-30 3.35 14.141% $ 7.677.28 Plaza Gamine Real
Sub Total 23.69 100.000% $ 54,291.00
156-302-02 0.58 55.769% $ 818.69 Grmad Properties LLG
156-302-03 0.22 21.154% $ 310.54 Allen Bayrooti
156-302-04 0.24 23.077% $ 338.77 Vista Way & 78 LLG
Sub Total 1.04 100.000% $ 1,468.00
156-301-16 19.51 60.855% $ 26,922.70 Pk 1 North Gounty Plaza
156-301-17 2.67 8.328% $ 3,684.45 Grown Jewel Properties LLG
165-120-56 9.88 30.817% $ 13.633.85 Grown Jewel Properties LLG
Sub Total 32.06 100.0000% $ 44,241.00
TOTAL 56.79 100% $ 100,000.00
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