HomeMy WebLinkAbout2009-07-07; City Council; Resolution 2009-168Exhibit 2
1 RESOLUTION NO. 2009-168
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
3 ANNUAL BENEFIT ASSESSMENTS FOR THE
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
BENEFIT AREA NO. 1
5
6 WHEREAS, the City Council of the City of Carlsbad, California, formed the
7 Buena Vista Channel Maintenance District Benefit Area No. 1 ("District") in 1989
8 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.), which does not require a public hearing; and
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WHEREAS, at this time the City Council is satisfied with the District Annual
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Report as submitted and attached hereto as Attachments A and B for the levy of the
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benefit assessments, and is ready to proceed to levy the annual assessments on each
15 parcel of benefiting property within the boundaries of the District.
16 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
17 RECITALS
18 SECTION 1. The above recitals are true and correct
19 BOUNDARIES
20 SECTION 2. That the boundaries and parcels as originally approved and shown
21 within the area of benefit designated as Benefit Area No. 1, and as shown in
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Attachment "B" attached hereto, are still determined to be the properties benefiting
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from the proposed works of maintenance, said properties lying within the boundaries
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__ of the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries25
26 of Benefit Area No. 1.
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Exhibit 2
1 ASSESSMENTS
2 SECTION 3. That it is hereby determined and ordered as follows:
3 1. That the annual levy of assessment for the maintenance and/or
4
servicing of the improvements are hereby confirmed and levied for the next fiscal year
5 (2009-10), as shown in Attachment "A".
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2. That it is further determined that as applicable the costs of the work
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and services may be greater than can conveniently be raised from a single annual8
Q assessment and it is herby further determined that the cost of the work can bey
10 collected over a period of years.
11 MAINTENANCE WORK
12 SECTION 4. That the works of maintenance to be performed are generally
13 described as follows:
14 All necessary work and services for the maintenance and drainage of the Buena
15 Vista Creek Channel between Jefferson Street and El Camino Real, including the
16
preparation of plans and specifications; preparation of environmental studies; the
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processing of required governmental and agency permits; the removal and disposal of
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sediment, vegetation, and other debris; the implementation of required mitigationi y
20 measures; and all other works of maintenance, said work to be performed within the
21 cities of Oceanside and Carlsbad.
22 The proposed work will consist of a yearly clearing program of the channel area
23 upon certification of the Program Environmental Impact Report for the Buena Vista
Channel prepared by Dudek and Associates.
25 NOTICE
26
SECTION 5. That immediately upon the adoption of this Resolution, the City
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Clerk shall cause notice to be given in the following manner:
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5
Exhibit 2
1 1. Deliver the Annual Report and Levy of the Engineer consisting of
2 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
4 and diagram in a suitable file as a permanent record.
5 2. Cause a certified copy of the assessment roll and diagram to be
6
immediately filed with the City Engineer of the City of Oceanside.
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3. Cause a certified copy of the assessment roll and diagram to be8
g immediately filed with the County Auditor, said filing to be completed no later than
10 August 10, 2009.
11 ASSESSMENT COLLECTION
12 SECTION 6. That the above confirmed and levied annual assessment
13 shall be collected at the same time and in the same manner as general County
14 property taxes are collected and all laws providing for that collection and enforcement
15 of these assessments.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 7th day of July, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE\M. WOOD, City Clerk
(SEAL) J \J
Attachment A
APN
156-301-07
156-301-08
156-301-09
156-301-12
156-302-05
156-302-06
156-302-07
156-302-08
156-302-09
156-302-10
156-302-12
156-302-15
156-302-16
156-302-18
156-302-19
156-302-20
156-302-21
156-302-22
156-302-26
156-302-27
156-302-30*
Sub Total
156-302-02
156-302-03
156-302-04
Sub Total
156-301-16
156-301-17
165-120-56
Sub Total
TOTAL
ASSESSMENT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,185.50
1,650.04
5,431.39
756.27
641.68
1,787.55
1,008.36
4,812.63
9,762.75
5,041.80
366.68
2,131.31
1,375.04
137.50
343.76
733.35
160.42
1,329.20
1,902.13
4,056.36
7.677.28
54,291.00
$
$
$
$
818.69
310.54
338.77
1,468.00
$
$
$
$
26,922.70
3,684.45
13.633.85
44,241.00
$100,000.00
OWNER
Plaza Camino Real
Carter Hawley Hale Stores, Inc.
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
New Marjoram Associates
Western Properties LLC / Plaza Camino Real
Cmf Per LLC
Plaza Camino Real
New Marjoram Associates
Carter Hawley Hale Stores, Inc.
Macy's Primary Real Estate, Inc.
Macy's Primary Real Estate, Inc.
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Chasm Entertainment Inc
Carter Hawley Hale Stores, Inc.
Plaza Camino Real
Plaza Camino Real
Crmad Properties LLC
Allen Bayrooti
Vista Way & 78 LLC
Pk I North County Plaza
40% Moreno Stephan T MNS / 40% Monios Nick NSTC / 20% Cal Jems Trust
Cal Jems Trust
' Zero value parcel - forced on tax roll
DIAGRAM FOR BENEFIT AREA NO. 1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
CITY OF CARLSBAD, STATE OF CALIFORNIA
NOT TO SCALE
LEGEND:
------------- CITY BOUNDARY
DISTRICT BOUNDARY
PERIODIC CLEANING OF OVERGROWTHAND SILT WITHIN AREA SHOWN
ATTACHMENTS
DRtWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 12/4/01 C:\CAPITAL\HOWARD\BVC-UAINT2.DWG