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Home My WebLink About2019-07-09; City Council; Resolution 2019-113RESOLUTION NO. 2019-113 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 2019-20 Exhibit I 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 (2019-20), as shown in Attachment "A". July 9, 2019 Item #1 Page 4 of 9 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 Auditor. Said filing is to be made no later than the third Monday in August, or as required by the County of San Diego. July 9, 2019 Item #1 Page 5 of 9 8. That the city clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with the city ngineer 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, 2019 and ending June 30, 2020. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of July, 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton NAYS: None. ABSENT: None. ~JrrtmM<U ~ BARBARA ENGLESON, City Clerk (SEAL) ,,,,,,,11111111111,,,,,,,,,, /'o~ CA,9{ ,/~~ ._,·, ··•·· .n ~ ~ i~ .·· ·-.\I~~ §~/~\?% ~U[ 1 ~\ci -·~ . -%\. 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' .•·· ~ %"'11_ ............ ~,~#' ,✓✓,,,, I FQf\'~•\,,<1-~ ,,,,,,,,,,11111111\\ July 9, 2019 Item #1 Page 6 of 9 Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2019-20 APN 156-301-07 156-301-08 156-301-09 156-301-12 156-302-05 156-302-06 156-302-07 156-302-09 156-302-10 156-302-12 156-302-15 156-302-16 156-302-18 156-302-19 156-302-20 156-302-21 156-302-22 156-302-26 156-302-27 156-302-30 156-302-34 156-302-35 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 ACREAGE PERCENT ASSESSMENT 1.39 5.867% $ 3,185.50 0.72 3.039% $ 1,650.04 2.37 10.004% $ 5,431.39 0.33 1.393% $ 756.27 0.28 1.182% $ 641.68 0.78 3.293% $ 1,787.55 0.44 1.857% $ 1,008.36 4.26 17.982% $ 9,762.75 2.20 9.287% $ 5,041.80 0.16 · 0.675% $ 366.68 0.93 3.926% $ 2,131.31 0.60 2.533% $ 1,375.04 0.06 0.253% $ 137.50 0.15 0.633% $ 343.76 0.32 1.351% $ 733.35 0.07 0.295% $ 160.42 0.58 2.448% $ 1,329.20 0.83 3.504% $ 1,902.13 1.77 7.472% $ 4,056.36 3.35 14.141% $ 7,677.28 1.17 4.946% $ 2,685.16 0.93 3.919% $ 2,127.47 23.69 100.000% $ 54,291 .00 0.58 55.769% $ 818.69 0.22 21 .154% $ 310.54 0.24 23.077% $ 338.77 1.04 100.000% $ 1,468.00 19.51 60.855% $ 26,922.70 2.67 8.328% $ 3,684.45 9.88 30.817% $ 13,633.85 32.06 100.0000% $ 44,241.00 56.79 100% $ 100,000.00 Attachment A OWNER RPI Carlsbad LP MSC LLC Sears Roebuck & Co / RPI Carlsbad LP RPI Carlsbad LP Plaza Camino Real SMBC LeasinQ & Finance, Inc Western Properties LLC / RPI Carlsbad LP RPI Carlsbad LP JC Penney Properties Inc. MSC LLC Macy's Primary Real Estate, Inc. Macy's Primary Real Estate, Inc. RPI Carlsbad LP RPI Carlsbad LP RPI Carlsbad LP RPI Carlsbad LP Chasm Entertainment Inc MSC LLC RPI Carlsbad LP Plaza Camino Real RPI Carlsbad LP RPI Carlsbad LP CRMAD Properties LLC Allen Bayrooti Kristine Peterson and Lorraine Peterson Pk I North County Plaza Crown Jewel Properties LLC Crown Jewel Properties LLC July 9, 2019 Item #1 Page 7 of 9 DIAGRAM FOR BENEFIT AREA NO. 1 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT CITY OF CARLSBAD, STA TE OF CALIFORNIA NOT TO SCALE HWY78 ,;::::::::~ < ----------------·-·.,-·- LEGEND: ... _,._,,_,,_ CITY BOUNDARY l:::::::::.::::::Vi::::::::::.:.::::::::::::•I DISTRICT BOUNDARY PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN DIWM{ tf'I:-SCOTT EVANS, C.A.RLSBA/J ENGINEERING DEPT. 12/4/01 C: \CAPITAL \HOWAAD\Bvc-=-M.A.INT2DltG RD. rn r- ~ s: z 0 ATTACHMENTB 9 ____ .,..,..... ____ .,.U:..,.,.., ____ _..,,, __ ..., __ __.......,.,,.,~-,....-., __ ... ,,..,. ,.,~..,,.._-.r_.,,,_,~__-"il,.i,,.., .,,,..,,:,,ua"1' --~,.,.,........,_ __ .,_,.·-•"'--. ,,_,___,,.,......,,~,·-••"""'•-•,.,..!•"""-:•~•t--~ •w•.,,.....,n,.,.....,,~,w_,.,,.,._._.,.. ....... ,_,.~., July 9, 2019 Item #1 Page 8 of 9