HomeMy WebLinkAbout2016-07-12; City Council; Resolution 2016-140EXHIBIT 2
1 RESOLUTION NO. 2016-140
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA,ADOPTING THE ANNUAL LEVY OF BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE
4 DISTRICT BENEFIT AREA NO. 1
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6 WHEREAS,the City Council of the City of Carlsbad, California, formed the Buena
7 Vista Channel Maintenance District Benefit Area No.1 (District)in 1989 pursuant to the
8 petition of the property owners within the District and the terms and provisions of the Benefit
9 Assessment Act of 1982, (Government Code Section 54703, et. seq.), which does not require a
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public hearing; and
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WHEREAS,at this time the City Council is satisfied with the listing of the Annual Benefit
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13 Assessments as submitted and attached hereto as Attachments A and B for the levy of the
14 benefit assessments, and is ready to proceed to levy the annual assessments on each parcel
15 of benefiting property within the boundaries of the District.
16 NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad,
17 California as follows:
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1.That the above recitations are true and correct.
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2.That the boundaries and parcels as originally approved and shown within the area
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21 of benefit designated as Benefit Area No.1,and as shown in Attachment "B"
22 attached hereto,are still determined to be the properties benefiting from the
23 proposed works of maintenance, said properties lying within the boundaries of the
24 cities of Oceanside and Carlsbad.No changes are proposed in the boundaries of
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Benefit Area No.1.
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1 3.That it is determined that the annual levy of assessment for the maintenance
2 and/or servicing of the improvements are hereby confirmed and levied for the
3 next fiscal year (2016-17), as shown in Attachment "A".
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4.That it is further determined that as applicable the costs of the work and services
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6 may be greater than can conveniently be raised from a single annual assessment
7 and it is hereby further determined that the cost of the work can be collected over
8 a period of years.
9 5.That the work of maintenance to be performed are generally described as follows:
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(a)All necessary work and services for the maintenance and drainage of the
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Buena Vista Creek Channel between Jefferson Street and El Camino Real,
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13 including the preparation of plans and specifications;preparation of
14 environmental studies; the processing of required governmental and agency
15 permits; the removal and disposal of sediment, vegetation, and other debris;
16 the implementation of required mitigation measures; and all other works of
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maintenance, said work to be performed within the cities of Oceanside and
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Carlsbad.
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20 (b)The proposed work will consist of a yearly clearing program of the channel
21 area based on the certified Program Environmental Impact Report and
22 Supplemental Environmental Impact Report for the Buena Vista Channel.
23 6.That the above-referenced diagram and assessment shall be filed in the office of the
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City Clerk,with a copy to be filed in the office of the Finance Department.Said
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1 diagram and assessment,and the certified copy thereof,shall be open for public
2 inspection.
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7.That the City Clerk is hereby ordered and directed to file a certified copy of the
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diagram and assessment with the County of San Diego Auditor.Said filing is to be
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6 made no later than the third Monday in August, or as required by the County of San
7 Diego.
8 8.That the City Clerk is hereby ordered and directed to file a certified copy of the
9 diagram and assessment with the City Engineer of the City of Oceanside.
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9.The assessments shall be collected at the same time and in the same manner as
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County of San Diego taxes are collected, and all laws providing for the collection and
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13 enforcement of County of San Diego taxes shall apply to the collection and
14 enforcement of the assessments.
15 10. That the assessments as above authorized and levied will provide revenue and relate
16 to the fiscal year commencing July 1,2016 and ending June 30, 2017.
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1 PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2 of Carlsbad on the 12th of July, 2016, by the following vote to wit:
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AYES:Hall, Wood, Schumacher, Blackburn, Packard.
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6 NOES:None.
7 ABSENT:None.
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10 MA 11 HALL,Mayor
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12 BA: :ARA ENGLESON,CirClerk
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(SEAL)
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Attachment A
Buena Vista Channel Maintenance District Benefit Area No.1
Annual Benefit Assessments for Fiscal Year 2016-17
APN ACREAGE PERCENT ASSESSMENT OWNER
156-301 -07 1.39 5.867%$3,185.50 RPI Carlsbad LP
156-301 -08 0.72 3.039%$1,650.04 MSC LLC
156-301 -09 2.37 10.004%$5,431.39 Sears Roebuck & Co / RPI Carlsbad LP
156-301 -12 0.33 1.393%$756.27 RPI Carlsbad LP
156-302-05 0.28 1.182%$641.68 Plaza Camino Real
156-302-06 0.78 3.293%$1,787.55 SMBC Leasing & Finance, Inc
156-302-07 0.44 1.857%$1,008.36 Western Properties LLC / RPI Carlsbad LP
156-302-09 4.26 17.982%$9,762.75 RPI Carlsbad LP
156-302-10 2.20 9.287%$5,041.80 JC Penney Properties Inc.
156-302-12 0.16 0.675%$366.68 MSC LLC
156-302-15 0.93 3.926%$2,131.31 Macy's Primary Real Estate, Inc.
156-302-16 0.60 2.533%$1,375.04 Macy's Primary Real Estate, Inc.
156-302-18 0.06 0.253%$137.50 RPI Carlsbad LP
156-302-19 0.15 0.633%$343.76 RPI Carlsbad LP
156-302-20 0.32 1.351%$733.35 RPI Carlsbad LP
156-302-21 0.07 0.295%$160.42 RPI Carlsbad LP
156-302-22 0.58 2.448%$1,329.20 Chasm Entertainment Inc
156-302-26 0.83 3.504%$1,902.13 MSC LLC
156-302-27 1.77 7.472%$4,056.36 RPI Carlsbad LP
156-302-30 3.35 14.141%$7,677.28 Plaza Camino Real
156-302-34 1.17 4.946%$2,685.16 RPI Carlsbad LP
156-302-35 0.93 3.919%$2,127.47 RPI Carlsbad LP
Sub Total 23.69 100.000%$54,291.00
156-302-02 0.58 55.769%$818.69 CRMAD Properties LLC
156-302-03 0.22 21.154%$310.54 Allen Bayrooti
156-302-04 0.24 23.077%$338.77 Kristine Peterson and Lorraine Peterson
Sub Total 1.04 100.000%$1,468.00
156-301 -16 19.51 60.855%$26,922.70 Pk I North County Plaza
156-301 -17 2.67 8.328%$3,684.45 Crown Jewel Properties LLC
165-120-56 9.88 30.817%$13,633.85 Crown Jewel Properties LLC
Sub Total 32.06 100.000%$44,241.00
TOTAL 56.79 100%$100,000.00
DIAGRAM FOR BENEFIT AREA NO.1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
CITY OF CARLSBAD,STATE OF CALIFORNIA
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LEGEND:
---------CITY 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\HOWARD\BVC-MAINT2.DWG