HomeMy WebLinkAbout2005-06-14; City Council; Resolution 2005-1871
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Exhibit 2
RESOLUTION NO. 2005-187
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
WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena Vista
Channel Maintenance District (“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.); and
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
within the boundaries of the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are true and correct.
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
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.
ASSESSMENTS
SECTION 3. That it is hereby determined and ordered as follows:
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 (2005-06), as shown
in Attachment “A.
1.
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Exhibit 2
2. 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 herby further determined that the cost of the work can be collected over a period of years.
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 proposed work will consist of a yearly clearing program of the channel area upon
certification of the Program Environmental Impact Report for the Buena Vista Channel prepared
by Dudek and Associates.
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,
2005.
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SECTlOr
Exhibit 2
ASSESSMENT COLLECTION
6. That the above confirmed and levied annual as,,,,m t shall be collect 3
at the same time and in the same manner as general County property taxes are collected and all
laws providing for that collection and enforcement of these assessments.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 14th day of JUNE , 2005 by the following
vote, to wit:
AYES: Council Members Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Members Lewis, Kulchin
CLAUDE %$I,!? A. L WIS, Mayor
Mayuor Pro Tem Matt -Hall
ATTEST:
- (SEAL)
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT ROLL
Fiscal Year 2005-06
Sub Total
156-302-02
156-302-03
Attachment A
$ 54,291 .OO
$ 818.69 Crmad Properties LLC
$ 310.54 Warner Laura B Trust
156-301 -1 6
156-301 -1 7
1 65- 1 20-56
$ 26,922.70 Pan Pacific Retail Properties
$ 3,684.45 Hughes North County Associates II
$ 13.633.85 Huahes North Countv Associates It
Sub Total] $ 44,241 .OO 1 I TOTALI $ ~oo,ooo.oo
* Zero value parcel - forced on tax roll
bvc Asmt Roll.xls 05/31/2005 7
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