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HomeMy WebLinkAbout1990-07-24; City Council; 10739; Buena Vista Channel Maintenance District. a 0 9 f . . 5 4 s 5 8 UT’--3F CARLSBAD - AGENDi-3lLL hB# 10; 739 TITLE: DEPT. HiI. IIT& 7/24/90 BUENAVISTA CHANNEL CITY A IEPT. u 8~ M MAINTENANCE DETIRKX !!ii!t CITY MGR. -’ RECOMMENDED ACTION: 1. Approve Resolution No.+X3adopting annual benefit assessments for a benefit area. ITEM FXPLANATION: The Buena Vista Channel Benefit Assessment District was formed in fiscal year 89-90 according to the provisions of the “Benefit Assessment Act of 1982” (Government Code Sections 54703-54718). The formation was requested by Plaza Camino Real, Hughes North County Associates, and Hughes North County Associates II property owners to provide an effective, consistent means of clearing the channel which is located between . El Camino Real and the Jefferson Street bridge, and which ultimately flows into the Buena Vista Lagoon. All the property owners within the boundary of the benefit district were notified and no objections to the formation of the district were received. The maintenance program is administrated by the Utilities and Maintenance Department and consists of removal of silt, vegetation, and other debris (within the constraints of the Costa1 Comssion and the Department of Fish and Game) necessary for drainage of the entire channel area within the boundaries of the district. Minimum maintenance work is performed in the channel on an as needed basis with major vegetation removal occurring every two to three years. FISCAL IMPACC The approved FY 90-91 budget for the maintenance district is $200,000.00, $lOO,OO.OO of which will be funded through FY 90-91 assessments and $lOO,OO.OO will be funded through the fund balance. There will be no cost to the City. Total cost of maintenance and incidentals will be covered by assessments to the property owners. EXHIBITS: 1. Resolution No. ?o-z~ adopting Annual Benefit Assessments for Buena Vista Channel Maintenance District Benefit Area 2. 3. Diagram of Assessment District boundary (Exhibit “A”) Property owner/assessment spread (Exhibit “B”) _- 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 RESOLUTION NO. go-253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR A BENEFIT AREA WHEREAS, the City Council of the City of Carlsbad, California, has concluded proceedings and conducted a successful election relating to the levy and imposition of benefit assessments pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, said area of benefit being known and designated as BENEFIT AREA NO. 1 ( hereinafter referred to as the "Benefit Area:): and WHEREAS, at this time this legislative body is now satisfied with the annual Report as submitted for the levy of the benefit assessments, and is ready to proceed to levy the annual assessments on each parcel of benefiting property within boundaries of the Benefit Area: and, NOW, THEREFORE, BE IT RESOLVED RECITALS SECTION 1. That the above recitals are all 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 are as shown in Exhibit IrA1' 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. I No changes are proposed in the boundaries of the 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 Benefit Area. ASSESSMENTS SECTION 3. That it is hereby determined and ordered as follows: 1. That the annual levy of assessments for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year (1990/91), as shown in Exhibit rlB81 attached hereto. 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 hereby further determined that the cost of the work can be collected over a period of years. MAINTENANCE WORK SECTION 4. That is hereby further ordered that the work 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 removal of sediment, vegetation and other debris and all other works of maintenance, said work to be performed within the Cities of Oceanside and Carlsbad. The work will consist of periodic 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 and/or muck pump. At times, this would require the removal of 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 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 and diagram to the Utilities and Maintenance Director of the City of Carlsbad, and said Utilities and Maintenance Director shall immediately place for record said diagram and assessment in a suitable book as a permanent record. 2. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the County Auditor, said filing to be completed no later than AUGUST 10TH. 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 property taxes are collected and all laws providing for that collection and enforcement of these assessments. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at its regular meeting held on the 24th day of July I 1990 by the following vote, to wit: 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 ATTEST: ALETHA L, ~AuTENKRANZ, City IClerk (SEAL) AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None I 8 0 i *. “W--- 1 % I Ii li Ir i ii 1 ‘I 1 11 f II 6 : : a; il - FY 90-91 BUENA VISTA CHANNEL MAINTENANCE DISTRICT ASSESSMENT SPREAD 156-301-07 1.39 5.867% 156-301-08 0.72 3.039% 156-301-09 2.37 10.004% 156-301-12 0.33 1.393% 156-302-05 0.28 1.182% 156-302-06 0.78 3.293% 156-302-07 0.44 1.857% 156-302-08 2.10 8.864% 156-302-09 4.26 17.982% 156-302-10 2.20 9.287% 156-302-12 0.16 0.675% 156-302-15 0.93 3.926% 156-302-16 0.60 2.533% 156-302-18 0.06 0.253% 156-302-19 0.15 0.633% 156-302-20 0.32 1.351% 156-302-21 0.07 0.295% 156-302-22 0.58 2.448% 156-302-26 0.83 3.504% 156-302-27 1.77 7.472% 156-302-30 ** 3.35 14.141% APN ACREAGE PERCENT ASSESSMENT OWNER ------------------------------------------------------------------------------- $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 PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES MAY DEPARTMENT STORES CO MAY PROPERTIES INC PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES CARTER HAWLEY HALE STORES INC BULLOCKS PROPERTIES CORP BULLOCKS PROPERTIES CORP PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL --w--B- -- ------------ SUB-TOTAL: 23.69 100% of 55.1% $54,291.00 156-302-02 0.58 1.021% $818.69 RICHARD 0. f ELLIE M. WATTLES 156-302-03 0.22 0.387% $310.54 G.W. t SONDRA J. DUNSTER 156-302-04 0.24 0.423% $338.77 ANGELO A. & MARIA VOZZA ----B-B ---------- ------------ SUB-TOTAL: 1.04 1.831% $1,468.00 156-301-16 19.51 60.855% $26,922.70 HUGHES NORTH COUNTY ASSOCIATES 156-301-17 2.67 8.328% $3,684.45 HUGHES NORTH COUNTY ASSOCIATES 165-120-56 9.88 30.817% $13,633.85 HUGHES NORTH COUNTY ASSOCIATES II ------- ---------- ------------ SUB-TOTAL: 32.06 100% of 44.9% $44,241.00 ******************************************************************************* GRAND TOTAL: 56.79 100.000% $100,000.00 ** zero value parcel - forced on tax roll Exhibit B July 31, 1990 Property Tax Services County Administration Center, Room 164 ATTN: James Griego/Marilyn Flores 1600 Pacific Highway San Diego, CA 92101 CITY OF CARLSBAD BUENA VISTA CHANNEL FLAT CHARGE SPECIAL ASSESSMENTS FOR ACCOUNT No. 6010-13 As per your telephone conversation with Virginia McCoy on July 30, 1990, the individual assessment information has been received and is on file in Room 092 ‘ D.I.S. Services, in the County Administration Center. The assessments have been totalled and the total amount is $100,439.06. There are 27 parcels being assessed. All individual assessments have been rounded to the nearest even penny, and all assessed parcels have been reconciled with the 1990- 1991 preliminary tax roll. Please consider this letter as authorization to use the attached assessment information. Also enclosed is a certified copy of Resolution No. 90-253 confirming the assessments. CITY CLERK IR:VMC;hlh c: Virginia McCoy - Utilities & Maintenance Department Cheryl Allen - Finance Department 1200 Carlsbad Village Drive l Carlsbad, California 92008 - (6 19) 434-2808 ATTACHMENT B FIXED CHARGE SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST CITY OR DISTRICT: CITY OF CARLSBAD TYPE OF ASSESSMENT: BUENA VISTA CHANNEL MAINTENANCE DISTRICT FUND NUMBER: 601013 CODE: 1 (Local = 1, State = 2) PARCEL NUMBER AUDITOR'S AMOUNT XX,XXX.XE 3,185.5C 1,650.04 5,431.4(3 BOOK : 1 i ) I ) i 1 1 I L i i I i 1 I I L 156 156 156 156 756.2E -j-y+ 26,922.7C 3,684.46 818.7C 156 156 156 156 302 I 03 I 00 310.54 156 338.7f 641.6E 156 156 1,787.56 1,008.3E 4,812.64 9,762.76 5,041.8(3 156 156 156 156 302 10 00 302 12 00 366.6E 156 156 156 2,131.32 1,375.04 * ALL STATE ROLL (UTILITY ROLL) ITEMS MUST SHOW A TAX RATE AREA AND ASSESSEE NUMBER (SEE ATTACHMENT D). ATTACHMENT B FIXED CHARGE SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST CITY OR DISTRICT: CITY OF CARLSBAD TYPE OF ASSESSMENT: BUENA VISTA CHANNEL MAINTENANCE DISTRICT FUND NUMBER: 601013 CODE: 1 (Local = 1, State = 2) PARCEL NUMBER BOOK / PAGE IPARCEL I::::::::" 156 302 26 00 156 302 27 00 156 302 30 00 165 120 56 00 FOR STATE ROLL ONLY TAX RATE ASSESSEE AMOUNT AREA* NUMBER* 343.76 09000 733.36 09000 160.42 09000 1,329.20 09000 AUDITOR'S USE ONLY X * ALL STATE ROLL (UTILITY ROLL) NUMBER (SEE ATTACHMENT D). ITEMS MUST SHOW A TAX RATE AREA AND ASSESSEE . 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 - RESOLUTION NO. go-253 RE-SOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR A BENEFIT AREA WJ-iEREAS, the City Council of the City of Carlsbad, California, has concluded proceedings and conducted a successful election relating to the levy and imposition of benefit assessments pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, said area of benefit being known and designated as BENEFIT AREA NO. 1 ( hereinafter referred to as the "Benefit Area:); and WHEREAS, at this time this legislative body is now satisfied with the annual Report as submitted for the levy of the benefit assessments, and is ready to proceed to levy the annual assessments on each parcel of benefiting property within boundaries of the Benefit Area; and, NOW, THEREFORE, BE IT RESOLVED RECITALS SECTION 1. That the above recitals are all 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 are as shown in Exhibit "A" 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 the . 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 Benefit Area. ASSESSMENTS SECTION 3. That it is hereby determined and ordered as follows: 1. That the annual levy of assessments for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year (1990/91), as shown in Exhibit lrBlr attached hereto. 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 hereby further determined that the cost of the work can be collected over a period of years. MAINTENANCE WORK SECTION 4. That is hereby further ordered that the work 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 removal of sediment, vegetation and other debris and all other works of maintenance, said work to be performed within the Cities of Oceanside and Carlsbad. The work will consist of periodic 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 and/or muck pump. At times, this would require the removal of 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 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 and diagram to the Utilities and Maintenance Director of the City of Carlsbad, and said Utilities and Maintenance Director shall immediately place for record said diagram and assessment in a suitable book as a permanent record. 2. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the County Auditor, said filing to be completed no later than AUGUST 10TH. 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 property taxes are collected and all laws providing for that collection and enforcement of these assessments. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at its regular meeting held on the 24th day of July I 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None :! 0 0 : I E, , I 1 Aa 1-i : a . -mu-*- . I a 0 . . . -#we - - 1 -A , a t Ir ‘I 63 f v : I : t 6 II 11 t 2 3 : 0; f l b . FY 90-91 BUENA VISTA CHANNEL MAINTENANCE DISTRICT ASSESSMENT SPREAD APN ACREAGE PERCENT ASSESSMENT OWNER 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 1.39 5.867% $3,185.50 0.72 3.039% $1,650.04 2.37 10.004% $5,431.39 0.33 1.393% $756.27 0.28 1.182% $641.68 0.78 3.293% $1,787.55 0.44 1.857% $1,008.36 2.10 8.864% $4,812.63 4.26 17.982% $9,762.75 2.20 9.287% $5,041.80 0.16 0.675% $366.68 0.93 3.926% $2,131.31 0.60 2.533% $1,375.04 0.06 0.253% $137.50 0.15 0.633% $343.76 0.32 1.351% $733.35 0.07 0.295% $160.42 0.58 2.448% $1,329.20 0.83 3.504% $1,902.13 1.77 7.472% $4,056.36 ** 3.35 14.141% $7,677.28 ------- ---------- ------------ PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES MAY DEPARTMENT STORES CO MAY PROPERTIES INC PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES CARTER HAWLEY HALE STORES INC BULLOCKS PROPERTIES CORP BULLOCKS PROPERTIES CORP PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMiNO REAL PLAZA CAMINO REAL SUB-TOTAL: 23.69 100% of 55.1% $54,291.00 156-302-02 0.58 1.021% $818.69 RICHARD 0. & ELLIE M. WATTLES 156-302-03 0.22 0.387% $310.54 G.W. t SONDRA J. DUNSTER 156-302-04 0.24 0.423% $338.77 ANGELO A. & MARIA VOZZA ------- ---------- --w--------- SUB-TOTAL: 1.04 1.831% $1,468.00 156-301-16 19.51 60.855% $26,922.70 HUGHES NORTH COUNTY ASSOCIATES 156-301-17 2.67 8.328% $3,684.45 HUGHES NORTH COUNTY ASSOCIATES 165-120-56 9.88 30.817% $13,633.85 HUGHES NORTH COUNTY ASSOCIATES II ------- ---------- ------------ SUB-TOTAL: 32.06 100% of 44.9% $44,241.00 **********************************************************~******************** GRAND TOTAL: 56.79 100.000% $100,000.00 ** zero value parcel - forced on tax roll Exhibit B STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. I. KAREN R.,KUNDTZ, Assis'tant . (Iit> (:lcd of tlw (lity ot (~;irlslx~tl. (:cnlIlt!. of S;lll IXc-go. St;ltc’ of (:;Ilit’lwliiil. 111vx~l)! c.c*rtit> tliat I II;I\-(3 c7lrlilxmyl tlir fowjpi~~g col))’ u*itli tlic* ori,giri;ai Resolution#90-253 I);L~S~~~~ :11,(~ iItl(q)tcv\ II\ witi (Iit!. (:oiilicil. ;kt a .re.gula!:. iiw+ilig thv-cbof. at tllc~ tillit* ;u1tl I)br tJic. \,otcb tllcw4ii stated. nfliicdi cu-igifial Resolution is now 011 filca iri III!’ 0Ificc: that thb siiliw cwlkiir~s it frill. true* .illtl (3wrcd tr;lfhcTipt tlb(w-froiii ilIlt of tllca \vilolt~ tlkc-rtvd. \\‘itlltsys III! II;IIIC~ ;1r1c1 ttI(- wul ot s;Iid <:ity of (:;lrIsl,;ltl. tllih 26th cl;c!, of. July, .iLg.?O ._ ._ .