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Home My WebLink About2021-05-18; City Council; Resolution 2021-117RESOLUTION NO. 2021-117 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 2021-22 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 affected property owners within the District and the terms and provisions of the Benefit Assessment Act of 1982 (Government Code Section 54703, et. seq.); and WHEREAS, at this time the City Council is satisfied with the listing of the Annual Benefit Assessments as submitted (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 approved within the area of benefit designated as Benefit Area No. 1, located within the cities of Oceanside and Carlsbad and shown in Attachment B, are still determined to be the properties benefitting from the proposed works of maintenance and no changes are proposed in the boundaries of Benefit Area No. 1 are proposed. 3.That it is determined that the annual levy of assessment for the maintenance and/or servicing of the improvements are confirmed and levied for the next fiscal year (2021- 22), as shown in Attachment A. May 18, 2021 Item #3 Page 4 of 9 4. That it is further determined the applicable the cost of the work and services may be greater than can conveniently be raised from a single annual assessment and the cost of the work and services can be collected over a period of years. 5. That the work of maintenance and/or servicing of improvements 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; the 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 city's Finance Department is 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 by no later than the third Monday in August, or as required by the County of San Diego Auditor. 7. That the city clerk is directed to file certified copies of this resolution, including Attachments A and B, with the city engineer of the City of Oceanside. 8. That 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 May 18, 2021 Item #3 Page 5 of 9 enforcement of County of San Diego taxes shall apply to the collection and enforcement of the assessments. 9.That the city's Finance Department is directed to issue handbills and collect assessments as necessary. 10.That the assessments as above authorized and levied will provide revenue and relate to the fiscal year commencing July 1, 2021 and ending June 30, 2022. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of May, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor .r) rA(Vi tr -0,455y. BARBARA ENGLESON, City CI -14 (SEAL) May 18, 2021 Item #3 Page 6 of 9 Attachment A Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2021-22 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 R P I 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 Bridgestone Retail Operations LLC 156-302-07 0.44 1.857% $ 1,008.36 Western Properties Three 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 / RPI Carlsbad LP 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 Subtotal 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 Bayrooti Family Trust 01-25-20 156-302-04 0.24 23.077% $ 338.77 Kristine Peterson and Lorraine Peterson Subtotal 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 Subtotal 32.06 100.0000% $ 44,241.00 Total 56.79 100% $ 100,000.00 May 18, 2021 Item #3 Page 7 of 9 DIAGRAM FOR BENEFIT AREA NO. 1 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT NOT TO SCALE LEGEND: ... _,,_,,_,,_ CITY BOUNDARY DISTRICT BOUNDARY ,.:.:.:,:,;,:,;,:,:,;,:.:.:.:.:.:.:.:.:.:.:.:.:.:-1 PERIODIC CLEANING OF OVERGROWTHAND SILT WITHIN AREA SHOWN CITY OF CARLSBAD, STA TE OF CALIFORNIA HWY78 _..,·· � .. - . ::..,.., . L---1 RD. DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEER/NG DEPT. 12 4 01 C: CAPITAL HOWARD BVC-MAINT2.DWG rn r- ATTACHMENT B May 18, 2021 Item #3 Page 8 of 9 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. I, Mia De Marzo, Deputy City 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. 2021-117 — 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 2021-22 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 20th day of May, 2021. -r -e1;-CAfroy-- 73 ,6 MIA DE MARZO DEPUTY CITY CLERK (SEAL) 0\11111111H/1,11i,, 0