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Home My WebLink About2010-06-22; City Council; Resolution 2010-150Exhibit 2 1 RESOLUTION NO. 2010-150 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, 10 et. seq.), which does not require a public hearing; and 11 WHEREAS, at this time the City Council is satisfied with the District Annual 12 Report as submitted and attached hereto as Attachments A and B for the levy of the 13 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 22 Attachment "B" attached hereto, are still determined to be the properties benefiting 23 from the proposed works of maintenance, said properties lying within the boundaries24 of the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries 26 of Benefit Area No. 1. 27 28 H Exhibit 2 1 ASSESSMENTS 2 SECTION 3. That it is hereby determined and ordered as follows: o 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 (2010-11), as shown in Attachment "A". 6 2. That it is further determined that as applicable the costs of the work 7 and services may be greater than can conveniently be raised from a single annual8 g assessment and it is herby further determined that the cost of the work can be 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 17 processing of required governmental and agency permits; the removal and disposal of 18 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 based on the certified 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 27 Clerk shall cause notice to be given in the following manner: 28 1 2 3 said Utilities Director shall immediately place for record said assessment roll and 4 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. 7 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 thang 10 11 12 Exhibit 2 1 . Deliver the Annual Report and Levy of the Engineer consisting of the assessment roll and diagram to the Utilities Director of the City of Carlsbad, and August 10, 2010. ASSESSMENT COLLECTION SECTION 6. That the above confirmed and levied annual assessment shall be collected at the same time and in the same manner as general County 14 13 property taxes are collected and all laws providing for that collection and enforcement 15 of these assessments. 16 17 18 19 20 21 22 23 24 25 26 " 27 " 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. ATTEST: (SEAL) D, City Clerk Q 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 90% MONIOS NICK*MMSO 10% ELEOPOULOS JAMES 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: CUY BOUNDARY DISTRICT BOUNDARY PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN ATTACHMENT B DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 12/4/01 C: \CAPITAL\HOWARO\BVC-MAINT2.DWG STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy 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 RESOLUTION NO. 2010-150. 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 NQ. 1. with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 23rd day of June, 2010. CHERRY FREI&NGER DEPUTY CLERK (SEAL)