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Home My WebLink About1999-07-13; City Council; Resolution 99-251e 0 1 2 3 RESOLUTION NO. 99-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT 4 I/ WHEREAS, the City Council of the City of Carlsbad, California, did form the 5 // Buena Vista Channel Maintenance District in 1989 pursuant to the petition of the property 6 // owners and pursuant to the terms and provisions of the Benefit Assessment Act of 1982, bl 7 €3 9 10 11 12 13 Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commen with Section 54703, said area of benefit being known and designated as Benefit Area No. I (hereinafter referred to as the Benefit Area); and WHEREAS, at this time this legislative body is now satisfied with the Annual Report submitted (Attachment A) for the levy of the benefit assessments, and is ready to proceed levy the annual assessments on each parcel of benefiting property within boundaries of the 14 11 Benefit Area; and l5 I/ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad 16 11 follows: 17 11 RECITALS 18 19 20 1 SECTION 1. The above recitals are true and correct. BOUNDARIES 21 SECTION 2. That the boundaries and parcels as originally approved and shown wi 22 Carlsbad. No changes are proposed in the boundaries of the benefit area. 25 maintenance, said properties lying within the boundaries of the Cities of Oceanside and 24 hereto, are still determined to be the properties benefiting from the proposed works of 23 the area of benefit designated as Benefit Area No. 1 and are as shown in Attachment B atk SECTION 3. That it is hereby determined and ordered as follows: 27 ASSESSMENTS 26 28 a Ii 0 a 1 2 I 1. That it is concluded at this time there is sufficient money in the maintenance district’s fund balance to cover the cost of any services to be performed within the 3 (I 999-2000) as shown in Attachment “A. 5 2. That the annual levy of assessments has been reduced for the next fiscal YE 4 fiscal year. 6 3. That a return to the original formation assessment fee schedule in Fiscal Ye; 7 2000-2001’s assessment processing would not be considered as “subsequently 8 increased” within the meaning of California Constitutional Act XlllD 5 5 as further 9 defined by GC 5 53750(h). 10 11 12 13 MAINTENANCE WORK SECTION 4. That it is hereby further ordered that the works of maintenance to be performed are generally described as follows: All necessary work and services for the maintenance and drainage of the Bu l4 11 Vista Creek Channel between Jefferson Street and El Camino Real, including the removal I.5 // sediment, vegetation and other debris and all other works of maintenance, said work to be - 16 17 performed within the Cities of Oceanside and Carlsbad. 18 ll The work will consist of periodic cleaning of the overgrowth and silt that impe 19 // the free flow of water in the creek channel. A typical method of removal would be by utilizal 2o 11 of dredging equipment consisting of a drag line and/or muck pump. At times this may requi 21 22 the removal of dense vegetation materials by hand. NOTICE 23 24 cause notice to be given in the following manner: SECTION 5. That immediately upon the adoption of this Resolution the City Clerk I 25 1. Deliver the annual Report and Levy of the Engineer consisting of the assessr 26 27 and diagram to the Public Works Director of the City of Carlsbad, and said Public Works Director shall immediately place for record said diagram and assessment in a suitable book 28 0 e 1 permanent record. 2 2. Cause a certified copy of the assessment diagram and annual assessment I 3 be immediately filed with the City Engineer of the City of Oceanside. 4 3. Cause a certified copy of the assessment diagram and annual assessment It 5 SECTION 6. That the above confirmed and levied annual assessment shall be coll 8 ASSESSMENT COLLECTION 7 1999. 6 be immediately filed with the County Auditor, said filing to be completed no later than Augu: 9 at the same time and in the same manner as general County property taxes are collected a 10 11 12 13 14 15 16 17 18 19 1 21 ~ 20 ~ 22 23 24 laws providing for that collection and enforcement of these assessments. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad regular meeting held on the 13 th day of July , 1999, by the following vote, to AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None ~ , I ~ ~ * ATTEST: KAREN ,~ R. KUNDTZ, A istant City C (SEAL) 25 11 26 27 28 0 0 Attachment A ANNUAL REPORT BUENA VISTA CHANNEL MAINTENANCE DISTRICT AMENDMENTASSESSMENT SCHEDULE Fiscal Year 1999-2000 pJ 156-301 -07 156-301 -08 156-301 -09 1 56-301 -1 2 156-302-05 156-302-06 156-302-07 156-302-08 156-302-09 156-302-1 0 156-302-1 2 156-302-1 5 1 56-302-1 6 156-302-1 8 1 56-302-1 9 156-302-20 156-302-21 156-302-22 156-302-26 156-302-27 156-302-30** 156-302-02 156-302-03 156-302-04 156-301 -1 6 156-301 -1 7 165-1 20-56 ACREAGE 1.39 0.72 2.37 0.33 0.28 0.78 0.44 2.10 4.26 2.20 0.16 0.93 0.60 0.06 0.1 5 0.32 0.07 0.58 0.83 1.77 3.35 0.58 0.22 0.24 19.51 2.67 - 9.88 ASSESSMENT $1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo I .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo 1 .oo - 1 .oo OWNER Plaza Camino Real Carter Hawley Hale Stores, Inc Plaza Camino Real Plaza Camino Real Plaza Camino Real New Marjoram Associates El Tor0 Associates May Properties, Inc. Plaza Camino Real New Marjoram Associates Carter Hawley Hale Stores, Inc. Macy’s Primary Real Estate, Inc. Macy’s Primary Real Estate Plaza Camino Real Plaza Camino Real Plaza Camino Real Plaza Camino Real Plaza Camino Real Carter Hawley Hale Stores, Inc. Plaza Camino Real Plaza Camino Real Richard and Ellie Wattles G.W. and Sondra Dunster Vista Way178 LLC Alexander Haagen Properties Operating Pa Hughes North County Associates Hughes North County Assoc. I1 TOTAL 56.79 $27.00 *’Zero value parcel - forced on tax roll BA BV Channel Annual Report 1999 (' " , - i - . 0 aE =G 2: wc kg lup E: mz u.2 "0" 4 sz at; zz Qa a5 4 3 E rn ~7 I .ffu -.. . - " " _. in 1; @ ii . <..v t $$ pi :fr :. L - m e STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO, ) ss. I, Aletha L. Rautenkranz, 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 Council Resolution No. 99-251 passed and adopted by said City Council, at a Regular meeting thereof, at the time and by the vote therein stated, which original Council Resolution No. 99-251 is now in my office: that the same contains a full, true and correct copy therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 19 th day of Julv. 1999 (SEAL)