HomeMy WebLinkAbout2023-06-06; City Council; Resolution 2023-150RESOLUTION NO. 2023-150
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 2023-24
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 (Cal. 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 District, 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 the District.
3.That it is determined that the annual levy of assessment for the maintenance and/or
servicing of the improvements is confirmed and levied for the next fiscal year (2023-24),
as shown in Attachment A.
4.That it is further determined the applicable 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 is
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 vegetation, and other debris; the implementation of required mitigation
measures; and all other works of maintenance, is 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's Office, to the County of San Diego Auditor by no later than the third
Monday in August of 2023, or as required by the County of San Diego Auditor.
7.That the City Clerk's Office 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
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, 2023 and ending June 30, 2024.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 6th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor #v--J,.._� SHERRY FREISINGER, City Clerk-rr-(SEAL)
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2023-24
APN Acreage Percent Assessment Owner
156-301-07 1.39 5.867% $ 3,185.50 R P I CARLSBAD LP
156-301-08 0.72 3.039% $ 1,650.04 M S C L L C
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 R P I 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 L L C R P I
156-302-09 4.26 17.982% $ 9,762.75 R P I CARLSBAD LP
156-302-10 2.20 9.287% $ 5,041.80 PENNEY PROPERTY SUB HOLDINGS LLC
156-302-12 0.16 0.675% $ 366.68 M S C L L C
156-302-15 0.93 3.926% $ 2,131.31 MACYS PRIMARY REAL EST INC
156-302-16 0.60 2.533% $ 1,375.04 MACYS PRIMARY REAL EST INC
156-302-18 0.06 0.253% $ 137.50 R P I CARLSBAD LP
156-302-19 0.15 0.633% $ 343.76 R P I CARLSBAD LP
156-302-20 0.32 1.351% $ 733.35 R P I CARLSBAD LP
156-302-21 0.07 0.295% $ 160.42 R P I CARLSBAD LP
156-302-22 0.58 2.448% $ 1,329.20 CHASM ENTERTAINMENT INC R P I CARLSBAD
156-302-26 0.83 3.504% $ 1,902.13 M S C L L C
156-302-27 1.77 7.472% $ 4,056.36 R P I 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 R P I CARLSBAD LP
156-302-35 0.93 3.919% $ 2,127.47 R P I CARLSBAD LP
Subtotal 23.69 100.000% $ 54,291.00
156-302-02 0.58 55.769% $ 818.69 CRMAD PROPERTIES L L C
156-302-03 0.22 21.154% $ 310.54 BAYROOTI FAMILY TRUST 01-25-20
156-302-04 0.24 23.077% $ 338.77 PETERSON KRISTINE PETERSON LORRAINE
Subtotal 1.04 100.000% $ 1,468.00
156-301-16 19.51 60.855% $ 26,922.70 P K I NORTH COUNTY PLAZA L P
156-301-17 2.67 8.328% $ 3,684.45 CROWN JEWEL PROPERTIES L L C
165-120-56 9.88 30.817% $ 13,633.85 CROWN JEWEL PROPERTIES L L C
Subtotal 32.06 100.0000% $ 44,241.00
Total 56.79 100% $ 100,000.00
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