HomeMy WebLinkAbout2002-07-23; City Council; Resolution 2002-218II
RESOLUTION NO. 2o02-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING ANNUAL BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL
MAINTENANCE DISTRICT BENEFIT AREA NO. 1
5 WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena Vista
6
within the District and the terms and provisions of the Benefit Assessment Act of 1982.
Channel Maintenance District ("District") in 1989 pursuant to the petition of the property owners
(Government Code Section 54703, et. seq.); and
7
8
9 WHEREAS, at this time the City Council is satisfied with the District Annual Report 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 10
11
12
13
14
15
16
17
within the boundaries of the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are true and correct.
I BOUNDARIES
SECTION 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
18 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.
19
20 ASSESSMENTS
21 SECTION 3. That it is hereby determined and ordered as follows:
1. That there is insufficient money in the District's fund balance to cover the cost of all 22
23
2. That the annual levy of assessments for the next fiscal year (2002-2003) iS as 24
maintenance and services to be performed within the next fiscal year.
25 shown in Attachment "A'.
26 3. That a reversion to the original formation assessment rate schedule in Fiscal Year
27 2002-2003's assessment processing would not be considered as "subsequently increased" within
the meaning of California Constitutional Act XlllD § 5 as further defined by the State Government
Code § 53750(h).
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MAINTENANCE WORK
SECTION 4. 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 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.
The work will consist of a one-time major maintenance operation together with annual
cleaning of the overgrowth and silt that impedes the free flow of water in the creek channel. A
typical method of removal would be by utilization of dredging equipment consisting of a drag line
andlor muck pump. At times this work may require the removal of dense vegetation materials by
hand.
NOTICE
SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk shall
cause notice to be given in the following manner:
1. Deliver the annual Report and Levy of the Engineer consisting of the assessment
roll and diagram to the Public Works Director of the City of Carlsbad, and said Public Works
Director shall immediately place for record said assessment roll and diagram in a suitable file as a
permanent record.
2. Cause a certified copy of the assessment roll and diagram to be immediately filed
with the City Engineer of the City of Oceanside.
3. Cause a certified copy of the assessment roll and diagram to be immediately filed
with the County Auditor, said filing to be completed no later than August 10, 2002.
Ill
Ill
ill
Ill
ill
Ill
Page 2 of 3 of Resolution NO. 2002-218
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ASSESSMENT COLLECTION.
SECTION 6. That the above confirmed and levied annual assessment shall be collected
rt the same time and in the same manner as general County property taxes are collected and all
aws providing for that collection and enforcement of these assessments.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 23rd day of JULY , 2002 by the following vote, to wit
Members Lewis,
ITTEST:
Page 3 of 3 of Resolution No. 2002-218
(SEAL)
Attachment A ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT (Resolution No.
2002-218)
ASSESSMENT ROLL
Fiscal Year 2002-03
156-302-02
Vista Way & 78 LLC 338.77 ~ 156-302-04
Dunster 1979 Trust $ 310.54 156-302-03
Crmad Props LLC $ 818.69
Sub Total $ 1,468.00
156-301-16
Hughes North County Associates $ 3,684.45 156-301 -1 7
CT Operating Partnership $ 26,922.70
165-120-56 Hughes North County Assoc. II $ 13,633.85
Sub Total $ 44,241.00
I TOTAL( $ IOO,OOO.OO
*Zero value parcel -forced on tax roll
Assmt Roll FY 2002-03 Attachment A -Annual Report 6/4/2002
0 N
0 N
N I
&- m