HomeMy WebLinkAbout2017-07-11; City Council; Resolution 2017-129EXHIBIT 2
RESOLUTION NO. 2017-129
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 2017-18
WHEREAS,the City Council of the City of Carlsbad, California, formed the Buena Vista Channel
Maintenance District Benefit Area No.1 (District)in 1989 pursuant to the 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 listing of the Annual Benefit
Assessments 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 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 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 Benefit Area No.1.
3.That it is determined 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
(2017-18),as shown in Attachment "A".
EXHIBIT 2
4.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 assessment and it is
hereby further determined that the cost of the work can be collected over 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 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 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 area
based on the certified Program Environmental Impact Report and Supplemental
Environmental Impact Report for the Buena Vista Channel.
6.That the above-referenced diagram and assessment shall be filed in the office of the City
Clerk, with a copy to be filed in the office of the Finance Department.Said diagram and
assessment, and the certified copy thereof, shall be open for public inspection.
7.That the city's Finance Department is hereby ordered and directed to file assessments
for the upcoming fiscal year and submit a final letter of Fixed Charge Special
Assessments as certified by the City Clerk to the County of San Diego Audtor.Said filing
is to be made no later than the third Monday in August, or as required by the County of
San Diego.
EXHIBIT 2
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
of the assessments.
10.That the assessments as above authorized and levied will provide revenue and relate to
the fiscal year commencing July 1,2017 and ending June 30, 2018.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of July, 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard.
NOES:None.
ABSENT:None.
MATT HAL yor
BA A ENGLESO City Clerk
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Attachment A
Buena Vista Channel Maintenance District Benefit Area No.1
Annual Benefit Assessments for Fiscal Year 2017-18
APN ACREAGE PERCENT ASSESSMENT OWNER
156-301 -07 1.39 5.867%$3,185.50 RPI Carlsbad LP
156-301 -08 0.72 3.039%$1,650.04 MSC LLC
156-301 -09 2.37 10.004%$5,431.39 Sears Roebuck & Co / RPI Carlsbad LP
156-301 -12 0.33 1.393%$756.27 RPI Carlsbad LP
156-302-05 0.28 1.182%$641.68 Plaza Camino Real
156-302-06 0.78 3.293%$1,787.55 SMBC Leasing & Finance, Inc
156-302-07 0.44 1.857%$1,008.36 Western Properties LLC / RPI Carlsbad LP
156-302-09 4.26 17.982%$9,762.75 RPI Carlsbad LP
156-302-10 2.20 9.287%$5,041.80 JC Penney Properties Inc.
156-302-12 0.16 0.675%$366.68 MSC LLC
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 RPI Carlsbad LP
156-302-19 0.15 0.633%$343.76 RPI Carlsbad LP
156-302-20 0.32 1.351%$733.35 RPI Carlsbad LP
156-302-21 0.07 0.295%$160.42 RPI Carlsbad LP
156-302-22 0.58 2.448%$1,329.20 Chasm Entertainment Inc
156-302-26 0.83 3.504%$1,902.13 MSC LLC
156-302-27 1.77 7.472%$4,056.36 RPI Carlsbad LP
156-302-30 3.35 14.141%$7,677.28 Plaza Camino Real
156-302-34 1.17 4.946%$2,685.16 RPI Carlsbad LP
156-302-35 0.93 3.919%$2,127.47 RPI Carlsbad LP
Sub Total 23.69 100.000%$54,291.00
156-302-02 0.58 55.769%$818.69 CRMAD Properties LLC
156-302-03 0.22 21.154%$310.54 Allen Bayrooti
156-302-04 0.24 23.077%$338.77 Kristine Peterson and Lorraine Peterson
Sub Total 1.04 100.000%$1,468.00
156-301 -16 19.51 60.855%$26,922.70 Pk I North County Plaza
156-301 -17 2.67 8.328%$3,684.45 Crown Jewel Properties LLC
165-120-56 9.88 30.817%$13,633.85 Crown Jewel Properties LLC
Sub Total 32.06 100.000%$44,241.00
TOTAL 56.79 100%$100,000.00
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DIAGRAM FOR BENEFIT AREA NO.1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
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:CITY OF CARLSBAD,STATE OF CALIFORNIA
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LEGEND:
---------CITY BOUNDARY
IMINIMM DISTRICT BOUNDARY
..................,PERIODIC CLEANING OF OVERGROWTH..........AND SILT WITHIN AREA SHOWN
ATTACHMENT B
DRAWN BY:SCOTT EVANS,CARLSBAD ENGINEERING DEPT.12/4/01 C:\CAPITAL\HOWARD\BVC-MAINT2.DWG 9